Procedures for the dismissal of heads of villages and heads of neighborhoods in Vietnam

Procedures for the dismissal of heads of villages and heads of neighborhoods in Vietnam​ (Image from Internet)

1. Procedures for the dismissal of heads of villages and heads of neighborhoods in Vietnam

According to Article 9 of Decree 59/2023/ND-CP, the procedures for dismissal of the heads of villages or heads of neighborhoods are as follows:

- The decision to dismiss the heads of villages or heads of neighborhoods is made at a meeting of the residential community in the following cases:

+ A person applies to resign from the position of heads of villages or heads of neighborhoods due to health reasons, family circumstances, or other personal reasons with a written application submitted to the Chairman of the People's Committee at the commune level stating the reasons for resignation.

+ The Head of the Front Work Group in the village or neighborhood suggests the Chairman of the People's Committee at the commune level consider dismissal in cases where the heads of villages or heads of neighborhoods no longer has the trust of the people, fails to complete duties, violates the people's right to autonomy, engages in corruption, waste, disobeys the directives of the People's Committee at the commune level, the regulations of higher authorities, violates the law but not to the extent of being criminally prosecuted or when at least 50% of the total number of households or household representatives in the village or neighborhood propose it.

- The procedure for organizing the meeting of the residential community to decide on the dismissal of the heads of villages or heads of neighborhoods is implemented following the regulations in Clause 5, Article 3 of Decree 59/2023/ND-CP.

- Recognition of the results of the dismissal of the heads of villages, heads of neighborhoods

Within 05 working days from the date of receiving the decision approved by the community, the People's Committee at the commune level reviews and issues a decision to recognize the results of the dismissal of the heads of villages or heads of neighborhoods. If a decision is not issued to recognize the results, a written response stating the reasons must be provided.

If the meeting does not concur on the dismissal, the People's Committee at the commune level shall review and decide after reaching an agreement with the Vietnam Fatherland Front Committee at the commune level.

Within 60 days from the date of the decision recognizing the dismissal, the People's Committee at the commune level shall decide on the election of a new heads of villages or heads of neighborhoods.

During the vacancy of the heads of villages or heads of neighborhoods, the People's Committee at the commune level will, in agreement with the Vietnam Fatherland Front Committee at the commune level, appoint a temporary heads of villages or heads of neighborhoods to manage the activities of the village or neighborhood until a new one is elected.

2. Regulations on preparing for the election of heads of villages, heads of neighborhoods in Vietnam

The preparation for the election of heads of villages, heads of neighborhoods according to Article 6 of Decree 59/2023/ND-CP is as follows:

- The Chairman of the People's Committee at the commune level is responsible for

+ Issuing a decision to organize the election of heads of villages, heads of neighborhoods; presiding over, cooperating with the Standing Committee of the Vietnam Fatherland Front Committee at the commune level to build plans, guide the professional work, and implement plans no later than 20 days before the community meeting to elect a heads of villages, heads of neighborhoods.

+ Issuing a decision to establish an Election Committee no later than 10 days before the community meeting to elect a heads of villages, heads of neighborhoods after reaching an agreement with the Vietnam Fatherland Front Committee at the commune level.

The Election Committee consists of: the representative of the Front Work Group in the village, neighborhood as the Head; members are representatives of mass organizations, socio-political organizations, and family representatives in the village, neighborhood (not candidates for heads of villages, heads of neighborhoods).

Decisions must be notified to the people in the village, neighborhood, posted at the cultural house, community center of the village, neighborhood, and announced on the broadcast system or by other methods suitable to local conditions no later than 07 days before the election.

- The Head of the Front Work Group in the village, neighborhood conducts a meeting of the Front Work Group in the village, neighborhood to project a list of candidates for heads of villages, heads of neighborhoods; reports to the village, neighborhood party cell committee to agree on at least one candidate for heads of villages, heads of neighborhoods; organizes a meeting of the Front Work Group in the village, neighborhood after the opinion of the party committee to decide on the official list of candidates (at least one person). The content of the meeting must be recorded in minutes according to Form No. 05 attached to Decree 59/2023/ND-CP and sent to the People's Committee at the commune level no later than 15 days before the community meeting.

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