Procedures for election of village heads, neighborhood heads in Vietnam

Procedures for election of village heads, neighborhood heads in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Procedures for election of village heads, neighborhood heads in Vietnam

Specifically, in Clause 2, Article 8 of the Guidelines promulgated together with Joint Resolution 09/2008/NQLT-CP-UBTWMTTQVN, stipulating that the election of village heads and population group leaders shall be carried out in the following order:

- The leader of the election team reads the decision to announce the date of the election; decide on the establishment of the Election Team, tasks, and powers of the Election team, and decide on the composition of voters participating in the election;

- The leader of the election team decides to let the incumbent village head and population group leader report on the results of the last term's work before the constituency conference to discuss the work of the last term of the village head, the leader of the population group.

- The leader of the election team shall state the criteria of the village heads, neighborhood heads;

- Representatives of the Working Committee of the Front of the Village and the People's Committees introduce the list of candidates for the positions of Village Head and Head of the Residential Group nominated by the Working Committee of the Village Front and population groups and agreed by the Party Committee of the village and residential groups according to the process specified in Clause 2, Article 6 of the Guidelines promulgated together with Joint Resolution 09/2008/NQLT-CP-UBTWMTTQVN. At this conference, voters can nominate themselves or candidates;

- Conference to discuss and give opinions on candidates. On the basis of the voters' opinions, the Election Team determines a list of candidates for the meeting to vote on. Voting on the number and list of candidates is done by show of hands and is valid when more than 50% of the voters attending the conference agree;

- Conducting to elect the village head, the head of the residential group:

+ The election may be by show of hands or by secret ballot, as decided by the conference;

+ If voting by show of hands, the Election Team directly counts the number of votes. If voting by secret ballot, the Election Team shall count the votes.

+ The election team shall count the votes at the polling place right after the end of the poll; invite a representative of the electorate who is not a candidate present there to witness the counting of votes.

After counting the votes, the Election Team makes a record of counting the votes. The minutes of the counting of votes must clearly state: Total number of voters or voters representing households in the village or residential group; the number of voters attending the conference; the number of votes issued; the number of receipts; valid votes; invalid votes; the number of votes and the percentage of votes for each candidate compared to the total number of voters or voters representing households in the whole village or residential group.

The person elected to be the head of the village or the head of the residential group is the person who obtains more than 50% of the valid votes compared to the total number of voters or voters representing households in the whole village or residential group.

The vote counting minutes are made in 03 copies, signed by the members of the Election Team.

- The leader of the election team shall make a report on the election of the village heads, neighborhood heads, enclosed with the vote counting minutes, and send it immediately to the commune-level People's Committee and the Vietnam Fatherland Front Committee.

2. The preparation for the meeting to elect the village heads, neighborhood heads in Vietnam

Pursuant to Article 6 of the Guidelines promulgated together with Joint Resolution 09/2008/NQLT-CP-UBTWMTTQVN stipulating the preparation for the conference to elect the village heads, neighborhood heads as follows:

- At least 20 days before the election day, the commune-level People's Committee shall issue a decision to announce the election date of the village heads, neighborhood heads; assume the prime responsibility for, and coordinate with the Standing Board of the Vietnam Fatherland Front Committee at the same level in formulating plans, providing professional guidance, and organizing the implementation of the election plan.

- At least 15 days before the election day, the head of the working committee of the village and neighborhood front shall hold a meeting of the working committee to propose the list of candidates for the village heads, neighborhood heads; report to the Party Committee of the village cell, the population group, to unify the list of candidates (from 1 to 2 people).

- At least 10 days before the election day, the President of the commune-level People's Committee shall issue a decision to establish the Election Team (including the head of which is the head of the working committee of the village front, the population group; the secretary, and other members). are representatives of a number of mass organizations, socio-political organizations, and representatives of voters in villages and neighborhood groups);

Deciding on the duties and powers of the Election Team and the composition of voters (who are all electors or voters representing households) participating in the election of the village heads, neighborhood heads. These decisions must be notified to people in villages and neighborhoods at least 7 days before the election day.

3. Recognition of election results for village heads, neighborhood heads in Vietnam

According to Article 9 of the Guidelines issued together with Joint Resolution 09/2008/NQLT-CP-UBTWMTTQVN on the recognition of election results of village heads, neighborhood heads:

- Within 5 working days from the date of receiving the report of the Election Team Leader, the commune-level People's Committees shall consider and issue decisions on the recognition of the elected heads of villages or groups of population groups or decide on re-election; in case the decision on recognition or re-election is not issued, a written reply clearly stating the reason must be given.

- The village head and the head of the street population group officially operate upon the recognition decision of the commune-level People's Committee.

Ho Quoc Tuan

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