The Chairman of the People's Committee elected in administrative units formed after the reorganization is not necessarily a People's Council delegate.
This is one of the contents in the recent Conclusion of the National Assembly Standing Committee that promptly resolved practical difficulties.
Up to now, the National Assembly Standing Committee has passed 49 Resolutions on the arrangement of district and commune-level administrative units for the 2023-2025 period for 49 provinces and centrally-run cities, including Nghe An province.
The Standing Committee of the National Assembly has issuedResolution No. 1243/NQ-UBTVQH15on the arrangement of district and commune-level administrative units of Nghe An province for the period 2023 - 2025, effective from December 1, 2024.
Accordingly, in the period of 2023 - 2025, at the district level, Nghe An will reorganize 3 units (including 1 unit subject to mandatory reorganization).Cua Lo town and 2 related adjacent units: Vinh city and Nghi Loc district).
At the commune level, 92 units were reorganized (including 65/89 units subject to mandatory reorganization and 27 adjacent related units); 4 units subject to encouraged reorganization; 24/89 units were not reorganized due to special factors.
After the reorganization, Nghe An reduced 1 district-level administrative unit, from 21 to 20 units; reduced 48 commune-level administrative units, from 460 to 412 units.
On that basis, the People's Committee of Nghe An province has issued an implementation plan, requiring the completion of the announcement of the establishment of new district and commune-level units before December 25, 2024. To meet the above progress, one of the important tasks is to elect key positions of the People's Council and People's Committee of the newly formed administrative unit after the arrangement to ensure quantity and quality according to regulations.
According to the plan, the first session of the People's Council of the new district and commune-level administrative unit will be completed before December 25, 2024. At this session, the Standing Committee of the People's Council at the next higher level will directly appoint 1 convener from among the People's Council delegates of the new district and commune-level administrative unit to convene as chair until the People's Council elects the Chairman of the People's Council of the new district and commune-level administrative unit.
After that, the newly elected Chairman of the People's Council of the district and commune-level administrative unit continues to chair the meeting to elect the positions of the People's Council and People's Committee according to the provisions of the Law on Organization of Local Government.
Next, the Chairman of the People's Committee of the new district and commune-level administrative unit will coordinate with the Secretary of the district and commune-level Party Committee; the Chairman of the Vietnam Fatherland Front and socio-political organizations to organize the announcement of the new district and commune-level administrative unit and introduce key personnel of organizations in the political system. The completion time is before December 25, 2024.
However, up to now, through the implementation process, the work of preparing personnel for some new administrative units after the arrangement has encountered difficulties because some personnel positions are oriented to elect the new Chairman of the People's Committee at the commune level, but are not People's Council delegates. This issue has beenPermanent Vice Chairman of the Provincial People's Council Nguyen Nam Dinhraised at the recent review session of the Provincial People's Council's Legal Committee to prepare for the 25th Session of the 15th Provincial People's Council and requested the Department of Home Affairs to direct the resolution.
While the Law on Organization of Local Government stipulates: The People's Council elects the Chairman of the People's Committee upon the recommendation of the Chairman of the People's Council. The Chairman of the People's Committee elected at the first session of the People's Council must be a People's Council delegate. The Chairman of the People's Committee elected during the term does not necessarily have to be a People's Council delegate.
Recently, in Conclusion 1066/KL-UBTVQH15 to implement resolutions on the arrangement of administrative units at district and commune levels for the period 2023 - 2025, the National Assembly Standing Committee has clearly indicated the handling direction.
Specifically, because the arrangement of district- and commune-level administrative units in the 2023-2025 period takes place in the middle of the 2021-2026 term of People's Councils at all levels, the election of positions of People's Councils and People's Committees in administrative units formed after the arrangement shall be carried out in accordance with the regulations on elections during the term of the People's Council in Article 83 of the Law on Organization of Local Government.
"Accordingly, the elected Chairman of the People's Committee is not necessarily a People's Council delegate (even if it is counted at the first session of the first term of the People's Council in the administrative unit formed after the rearrangement)" - the National Assembly Standing Committee pointed out, at the same time requiring the need to ensure the leadership of the Party Committee in organizational and personnel work.
