The Government amends regulations on appraisal and approval of election results of Chairman and Vice Chairman of the People's Committee

Delegates of Vinh City People's Council voted to elect additional Vice Chairman of the City People's Committee for the 2016-2021 term. Photo: Mai Hoa

In particular, the Decree amends and supplements Clause 2, Article 12, to appraise and approve the results of the election of the Chairman and Vice Chairman of the People's Committee. Specifically, the dossier for approving the results of the election of the Chairman and Vice Chairman of the People's Committee includes:

1- Proposal of the Standing Committee of the People's Council (with attached resume of the person proposed for approval).

2- Resolution of the People's Council confirming the election results of the Chairman and Vice Chairman of the People's Committee (attached with the minutes of vote counting of the election results of the Chairman and Vice Chairman of the People's Committee).

3- A copy of the decision of the competent authority approving the planning of the positions of Chairman and Vice Chairman of the People's Committee of the person nominated for election for the first time.

4- A copy of the decision or written notice of opinion on the recommended personnel for election by the competent authority according to the cadre management hierarchy (attached with a summary table of vote counting results and vote counting minutes at each step in the personnel process).

5- CV according to the current form under the guidance of the Central Organizing Committee, self-declared by the cadre and confirmed and stamped by the agency directly managing the cadre according to regulations (with a 4x6 color photo, taken within the last 6 months).

6- Declaration of assets and personal income of the person proposed for approval according to the current form prescribed by the Government and guidance of the Government Inspectorate.

7- Conclusion on political standards according to regulations.

8- Copy of the most recent decision on assignment, transfer, rotation, and discipline of the officer (if any).

9- Comments and evaluations of cadres of the Party Committee according to the cadre management hierarchy (in the last 3 years) of the Party Committee of the place of residence, Party Cell, and Party Committee of the working agency (within 6 months).

10- Copies of diplomas and certificates as required by the standards of the elected position. In case the employee has a diploma issued by a foreign educational institution, it must be recognized in Vietnam according to regulations.

11- Health certificate from a competent medical facility (within 6 months).

Thus, compared to the old regulations, Decree 115/2021/ND-CP requires the addition of a number of documents in the dossier for approving the election results of the Chairman and Vice Chairman of the People's Committee, including: A copy of the decision of the competent authority approving the planning of the position of Chairman and Vice Chairman of the People's Committee of the person nominated for election for the first time; conclusion on political standards according to regulations; a copy of the most recent decision on assignment, transfer, rotation, and discipline of the cadre (if any); comments and assessments of cadres by the Party Committee according to the cadre management hierarchy (in the last 3 years) of the Party Committee of the place of residence, Party cell, Party Committee of the working agency (within 6 months); copies of diplomas and certificates according to the requirements of the standards for the elected position. In case the personnel has a graduation certificate issued by a foreign educational institution, it must be recognized in Vietnam according to regulations; a health certificate from a competent medical facility (within 6 months).

Amendment of the time limit for appraisal and approval of the Chairman and Vice Chairman of the People's Committee

The Decree also amends and supplements Clause 3 and Clause 5, Article 12 on appraisal and approval of the election results of the Chairman and Vice Chairman of the People's Committee. Specifically, within 5 working days (old regulation 3 days) from the date of receiving the complete 2 sets of documents approving the election results of the Chairman and Vice Chairman of the People's Committee, the competent appraisal authority must review and appraise the documents approving the election results of the Chairman and Vice Chairman of the People's Committee.

In case the dossier is still missing or has errors according to regulations, within 3 working days (old regulation 2 days) from the date of receiving the dossier, the competent appraisal authority shall issue a written request to the Standing Committee of the People's Council to supplement and complete the dossier within no more than 7 working days.

Within 5 working days (old regulation 7 days) from the date of receipt of the document of the competent appraisal authority (attached with the proposal dossier of the Standing Committee of the People's Council), the Prime Minister shall consider and approve the results of the election of the Chairman and Vice Chairman of the Provincial People's Committee; the Chairman of the Provincial and District People's Committees shall consider and approve the results of the election of the Chairman and Vice Chairman of the People's Committees at the directly lower level.

In case the Prime Minister does not approve the results of the election of the Chairman and Vice Chairman of the Provincial People's Committee; the Chairman of the Provincial or District People's Committee does not approve the results of the election of the Chairman and Vice Chairman of the People's Committee at the directly lower level, he/she must respond in writing, clearly stating the reasons and requesting the People's Council to re-elect the unapproved positions.

The Decree supplements Clause 4, Article 11 on the election of members of the People's Committee. Specifically, members of the People's Committees at provincial and district levels who are currently the heads of specialized agencies under the People's Committees at the same level do not have to re-apply the procedure for appointing that person to the position of head of specialized agencies under the People's Committees at the same level; in case the appointment term comes and they are not re-appointed, the procedure for dismissal from the position of People's Committee member shall be carried out according to the provisions of this Decree at the nearest People's Council meeting.