Nghị định 300/2025/NĐ-CP quy định khung số lượng Phó Chủ tịch Ủy ban nhân dân, số lượng và cơ cấu Ủy viên Ủy ban nhân dân; trình tự, thủ tục đề nghị phê chuẩn kết quả Hội đồng nhân dân bầu, miễn nhiệm, bãi nhiệm Chủ tịch, Phó Chủ tịch Ủy ban nhân dân; trình tự, thủ tục điều động, cách chức Chủ tịch, Phó Chủ tịch Ủy ban nhân dân và giao quyền Chủ tịch Ủy ban nhân dân

DECREE

 ON THE NUMBER OF VICE PRESIDENTS OF PEOPLE'S COMMITTEES; THE NUMBER AND STRUCTURE OF MEMBERS OF PEOPLE'S COMMITTEES; THE PROCEDURES FOR REQUESTING THE APPROVAL OF THE RESULTS OF THE PEOPLE'S COUNCIL'S ELECTION, RELIEF OF DUTIES, AND DISMISSAL OF THE PRESIDENT/VICE PRESIDENT(S) OF THE PEOPLE'S COMMITTEE; THE PROCEDURES FOR TRANSFERRING AND DEMOTING THE PRESIDENT/VICE PRESIDENT(S) OF THE PEOPLE'S COMMITTEE AND CHOOSING THE ACTING PRESIDENT OF THE PEOPLE'S COMMITTEE.

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Local Government No. 72/2025/QH15;

At the request of the Minister of Home Affairs;

The Government hereby issues a Decree on the number of Vice Presidents of People's Committees, the number and structure of members of People's Committees; the procedures for requesting the approval of the results of the People's Council's election, relief of duties, and dismissal of the President and Vice President of the People's Committee; the procedures for transferring and demoting the President and Vice President of the People's Committee and choosing the acting President of the People's Committee.

Chapter I

GENERAL REGULATIONS

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This Decree provides for the number of Vice Presidents of People's Committees, the number and structure of members of People's Committees; the procedures for requesting the approval of the results of the People's Council's election, relief of duties, and dismissal of the President and Vice President of the People's Committee; the procedures for transferring and demoting the President and Vice President of the People's Committee and choosing the acting President of the People's Committee of province/city (hereinafter referred to as “provincial People's Committee”) or the People's Committee of commune, ward, special zone ((hereinafter referred to as “commune-level People's Committee”).

Article 2. Power to approve the results of election, relief of duties, and dismissal of the President and Vice President of the People's Committee; transfer and demote the President/Vice President(s) of the People's Committee and choosing the acting President of the People's Committee.

1. The Prime Minister shall approve the results of election, relief of duties, and dismissal of the President and Vice President of the provincial People's Committee; transfer and demote the President/Vice President(s) of the provincial People's Committee and choosing the acting President of the provincial People's Committee.

2. The provincial People's Committee shall approve the results of election, relief of duties, and dismissal of the President and Vice President of the commune-level People's Committee; transfer and demote the President/Vice President(s) of the commune-level People's Committee and choosing the acting President of the commune-level People's Committee.

Article 3. Authority appraising the application for approval of the results of election, relief of duties, and dismissal of the President and Vice President of the People's Committee; transfer and demote the President/Vice President(s) of the People's Committee and choosing the acting President of the People's Committee.

1. The Ministry of Home Affairs shall submit the application for approval of the results of election, relief of duties, and dismissal of the President and Vice President of the provincial People's Committee; transfer and demote the President/Vice President(s) of the provincial People's Committee and choosing the acting President of the provincial People's Committee to the Prime Minister.

2. The Department of Home Affairs shall submit the application for approval of the results of election, relief of duties, and dismissal of the President and Vice President of the commune-level People's Committee; transfer and demote the President/Vice President(s) of the commune-level People's Committee and choosing the acting President of the commune-level People's Committee to the President of the provincial People's Committee.

Article 4. Cases not required to conduct election, relief of duties, and dismissal of the Presidents, Vice Presidents and Members of People's Committees

1. The President/Vice President(s) of the People's Committee who is transferred by the Prime Minister or the President of the Provincial People's Committee to another position, or demoted by the Prime Minister or the President of the Provincial People's Committee, are not required to perform relief of duties or dismissal procedures. The Standing Committee of the People's Council shall report to the People's Council at the nearest session regarding cases under this clause.

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3. Members of the People's Committee who are elected by the People's Council to hold a new position but remain members of the People's Committee of the same administrative division do not have to perform procedures for relief of duties. Upon election to the new position, they are automatically relieved from their previous duties.

4. Heads of specialized agencies under the People's Committee who are also members of the People's Committee and are designated by competent authorities to be heads of other specialized agencies under the People's Committee of the same administrative division are not required to perform procedures for election and dismissal of members of the People's Committee. The designating person must report to the Standing Committee of the People's Council, which in turn reports to the People's Council at the nearest session regarding cases under this clause.

Chapter II

NUMBER OF VICE PRESIDENTS OF THE PEOPLE'S COMMITTEE AND THE NUMBER AND STRUCTURE OF MEMBERS OF THE PROVINCIAL/COMMUNE-LEVEL PEOPLE'S COMMITTEE

Article 5. Number of Vice Presidents of the Provincial People's Committee

1. For provincial administrative divisions formed after the reorganization in 2025, the number of Vice Presidents of the Provincial People's Committee shall comply with the following regulations:

a) For the People's Committee of a city:

The People's Committee of Ho Chi Minh City shall have no more than 08 Vice Presidents.

The People's Committee of a city that is formed by merging 03 provincial administrative divisions shall have no more than 07 Vice Presidents. The People's Committee of a city that is formed by merging 02 provincial administrative divisions shall have no more than 06 Vice Presidents;

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The People's Committee of a province that is formed by merging 02 provinces where at least one was classified as a class I province according to the classification of administrative divisions before reorganization or a provinces that is formed by merging 03 provinces shall have no more than 06 Vice Presidents.

The People's Committee of a province that is formed by merging 02 provinces where at least one was classified as a class II or class III province according to the classification of administrative divisions before reorganization shall have no more than 05 Vice Presidents.

2. For provincial administrative divisions not reorganized in 2025, the number of Vice Presidents of the Provincial People's Committee shall comply with the following regulations:

a) For People's Committee of a city:

The People's Committee of Hanoi shall have no more than 05 Vice Presidents.

The People's Committee of Hue shall have no more than 04 Vice Presidents.

b) For the People's Committee of a province

The number of Vice Presidents of the Provincial People's Committee shall be determined based on the classification of administrative division before the effective date of this Decree: Class I provinces shall have no more than 04 Vice Presidents; Class II and Class III provinces shall have no more than 03 Vice Presidents. After this Decree takes effect, if a Class II or III province is reclassified as Class I, it shall have no more than 04 Vice Presidents.

3. For provinces or cities under resolutions of the National Assembly and documents from competent authorities that provide for the number of Vice Presidents differently from this Decree, the provisions of those resolutions and documents shall apply.

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Article 6. Number of Vice Presidents of the Commune-level People's Committee

1. The number of Vice Presidents of the Commune-level People's Committee shall be calculated with an average of more than 2,5 Vice Presidents per commune-level administrative unit.

2. Based on the total number of Vice Presidents of the Commune-level People's Committee in the entire province or city as prescribed in Clause 1 of this Article, the Provincial People's Committee shall decide the specific number of Vice Presidents for each commune-level unit suitable to natural area, population size, classification of administrative divisions, socio-economic development level, and the local actual situation, ensuring that the total number does not exceed the total allowed of the entire province or city.

Article 7. Number and structure of Members of the Provincial/Commune-Level People's Committee

1. Members of the Provincial People's Committee include heads of specialized agencies under the Provincial People's Committee, members in charge of military affairs, and members in charge of police affairs.

2. Members of the Commune-level People's Committee include heads of specialized agencies under the Commune-level People's Committee, members in charge of military affairs, and members in charge of police affairs.

3. The number of members who are heads of specialized agencies under the Provincial/Commune-level People's Committees shall comply with Government’s regulations on the organization of specialized agencies under the People's Committees of provinces, cities, communes, wards, and special zones under provinces and cities.

Chapter III

PROCEDURES AND DOCUMENTATION FOR REQUESTING THE APPROVAL OF THE RESULTS OF THE PEOPLE'S COUNCIL'S ELECTION, RELIEF OF DUTIES, AND DISMISSAL OF THE PRESIDENT/VICE-PRESIDENT OF THE PEOPLE'S COMMITTEE; THE PROCEDURES FOR TRANSFERRING AND DEMOTING THE PRESIDENT/VICE-PRESIDENT OF THE PEOPLE'S COMMITTEE AND CHOOSING THE ACTING PRESIDENT OF THE PEOPLE'S COMMITTEE.

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1. Procedures

a) Within 5 working days from the date the People's Council elects the President/Vice President(s) of the People's Committee, the Standing Committee of the provincial People's Council shall send 2 sets of dossiers on result of election of the President/Vice President(s) of the same level to the Prime Minister (via the Ministry of Home Affairs for appraisal); the Standing Committee of the commune-level People's Council shall send 2 sets of dossiers on result of election of the President/Vice President(s) of the same level to the President of the provincial People's Committee (via the Department of Home Affairs for appraisal).

b) Within 5 working days from the date of receiving the 02 complete applications as regulated in Clause 2 of this Article, the Ministry of Home Affairs shall review and appraise the application for approval of the result of election of the President/Vice President(s) of the provincial People's Committee; the Department of Home Affairs shall review and appraise the application for approval of the result of election of the President/Vice President(s) of the commune-level People's Committee.

If the application is incomplete or incorrect as prescribed, within 3 working days from receiving the application, the appraisal agency shall send a written request to the Standing Committee of the People's Council to supplement and complete the application. The time limit for supplementing and completing the application must not exceed 3 working days.

The appraisal content includes: Compliance with the procedures and processes for electing the President/Vice President(s) of the People's Committee as prescribed by the Law on Organization of Local Government and the application content regulated in Clause 2 of this Article; resolution of complaints and denunciations related to personnel during the election process (if any).

c) Within 5 working days from the date of receiving the appraisal agency’s written opinion (attached with the application submitted by the Standing Committee of the People's Council), the Prime Minister shall consider and approve the result of election of the President/Vice President(s) of the provincial People's Committee; the President of the provincial People's Committee shall consider and approve the result of election of the President/Vice President(s) of the commune-level People's Committee.

In cases of refusal, there must be a written response stating the reasons and the People's Council shall organize a re-election of the positions not approved.

2. The application for approval of the results of election of President/Vice President(s) of the People's Committee includes:

a) Proposal from the Standing Committee of the People's Council (attached with a brief curriculum vitae of the elected President/Vice President(s)). The proposal must clearly state the legal grounds and basis for the People's Council to elect the President/Vice President(s); in case of Vice Chairman, the proposal must clearly state the number of Vice Presidents elected according to regulations and the current number of Vice Presidents.

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c) Copies of Decisions or official notifications on opinions regarding personnel from competent authorities according to the delegation of power to manage personnel.

d) Copies of Decisions approving the planning for the President/Vice President positions or equivalent positions for persons introduced for first-time election as prescribed by competent authorities.

dd) Personnel files of candidates introduced according to regulations on delegation of power to manage personnel and planning, designation, and introduction of candidates of competent authorities.

e) Resolution of complaints and denunciations related to personnel during the process of election of the President/Vice President(s) (if any).

If any documents of the application have already been approved by competent authorities and are available in the national database on cadres, civil servants, and public employees, the electronic form of such documents may be used instead of paper copies.

Article 9. Approval of the results of relief of duties, dismissal of President/Vice President(s) of the People's Committee

1. Procedures

a) Within 5 working days from the date the People's Council conduct relief of duties, dismissal of the President/Vice President of the People's Committee, the Standing Committee of the provincial People's Council shall send 2 sets of dossiers on result of relief of duties, dismissal of the President/Vice President of the same level to the Prime Minister (via the Ministry of Home Affairs for appraisal); the Standing Committee of the commune-level People's Council shall send 2 sets of dossiers on result of relief of duties, dismissal of the President/Vice President of the same level to the President of the provincial People's Committee (via the Department of Home Affairs for appraisal).

b) Within 5 working days from the date of receiving the 02 complete dossiers as regulated in Clause 2 of this Article, the Ministry of Home Affairs shall review and appraise the application for approval of the result of relief of duties, dismissal of the President/Vice President(s) of the provincial People's Committee; the Department of Home Affairs shall review and appraise the application for approval of the result of relief of duties, dismissal of the President/Vice President(s) of the commune-level People's Committee.

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The appraisal content includes: Compliance with the procedures and processes for relief of duties, dismissal of the President/Vice President(s) of the People's Committee as prescribed by the Law on Organization of Local Government and the application content regulated in Clause 2 of this Article; resolution of complaints and denunciations related to personnel during the election process (if any).

c) Within 5 working days from the date of receiving the appraisal agency’s written opinion (attached with the application submitted by the Standing Committee of the People's Council), the Prime Minister shall consider and approve the result of relief of duties/dismissal of the President/Vice President of the provincial People's Committee; the President of the provincial People's Committee shall consider and approve the result of relief of duties/dismissal of the President/Vice President of the commune-level People's Committee.

2. Application for approval of the results of relief of duties, dismissal of President/Vice President(s) of the People's Committee includes:

a) Proposal from the Standing Committee of the People's Council (attached with a brief curriculum vitae of the President/Vice President(s) proposed for relief of duties/dismissal) The proposal must state legal grounds and basis for the People's Council to carry out relief of duties/dismissal of the President/Vice President(s) of the People's Committee.

b) Copies of Decisions or official notifications on opinions regarding personnel from competent authorities according to the delegation of power to manage personnel.

c) People's Council resolution on relief of duties, dismissal of President/Vice President(s) of the People's Committee.

d) Minutes or vote counting records of results of relief of duties, dismissal of the President/Vice President(s) of the People's Committee.

Article 10. Transfer and demotion of the President/Vice President(s) of the People's Committee

1. Based on task requirements and opinions of competent authorities according to delegation of power to manage personnel, the Prime Minister shall decide the transfer of the President/Vice President(s) of the provincial People's Committee at the request of the Minister of Home Affairs; the President of the provincial People's Committee shall decide the transfer of the President/Vice President(s) of commune-level People's Committees at the request the Director of the Department of Home Affairs.

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3. The President/Vice President(s) who is (are) transferred or demoted shall cease performing their duties from the effective date of the transfer or demotion decision.

Article 11. Assignment of acting President of the People's Committee

1. In case of vacancy of the President of the People's Committee, the Standing Committee of the provincial People's Council shall submit proposal to the Prime Minister for decision to choose acting President of provincial People's Committee; the Standing Committee of the commune-level People's Council shall submit proposal to the President of the provincial People's Committee for decision to choose acting President of commune-level People's Committee.

2. The acting President of provincial People's Committee shall cease from performing tasks from the date the People's Council elects a new President.

3. Procedures for choosing the acting President of the People's Committee

a) The Standing Committee of the provincial People's Council shall send 2 sets of application for assignment of the acting President of the People's Committee of the same level to the Prime Minister (via Ministry of Home Affairs for appraisal); the Standing Committee of the commune-level People's Council shall send 2 application for assignment of the acting President of the People's Committee of the same level to the President of the provincial People's Committee (via Department of Home Affairs for appraisal).

b) Within 03 working days from the date of receiving the 02 complete applications as regulated in Clause 4 of this Article, the Ministry of Home Affairs shall review and appraise the application for assignment of the acting President of the provincial People's Committee; the Department of Home Affairs shall review and appraise the for assignment of the acting President of the commune-level People's Committee.

If the application is incomplete or incorrect as prescribed, within 02 working days from receiving the application, the appraisal agency shall send a written request to the Standing Committee of the People's Council to supplement and complete the application. The time limit for supplementing and completing the application must not exceed 02 working days.

c) Within 03 working days from the date of receiving the appraisal agency’s written opinion (attached with the application submitted by the Standing Committee of the People's Council), the Prime Minister shall consider and choose the acting President of the provincial People's Committee; the President of the provincial People's Committee shall consider and choose the acting President of the commune-level People's Committee.

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4. Application for assignment of acting President of the People's Committee

a) Proposal from the Standing Committee of the People's Council (attached with a brief curriculum vitae of the proposed acting President) The proposal must clearly state the basis, conditions, and local practical situation for introducing candidates for acting President of the People's Committee.

b) Personnel files of candidates introduced according to regulations on delegation of power to manage personnel and planning, designation, and introduction of candidates of competent authorities.

Chapter IV

IMPLEMENTATION CLAUSES

Article 12. Transitional clauses

For provincial administrative divisions established after the reorganization in 2025, if the number of Vice Presidents of the Provincial People's Committee at the end of the 2021–2026 term exceeds the number specified in Article 5 hereof, the number of Vice Presidents at the beginning of the 2026–2031 term shall remain the same as at the end of the 2021–2026 term. The Provincial People's Committees must have a roadmap to gradually reduce the number of Vice Presidents so that by July 2030, the number of Vice Presidents complies with the provisions of this Decree, except in cases where competent authorities specifies otherwise.

Article 13. Effect

1. This Decree comes into force from the date on which it is signed.

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Article 14. Responsibility for implementation

1. The Minister of Home Affairs is responsible for providing guidance and inspecting the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of government agencies, Presidents of People's Councils, and Presidents of People's Committees at all levels are responsible for the implementation of this Decree.

ON BEHALF OF GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Pham Thi Thanh Tra