When will the village head and residential group leader be decided to resign in Vietnam?

When will the village head and residential group leader be decided to resign in Vietnam? - Nhat Nguyen (An Giang)

When will the village head and residential group leader be decided to resign in Vietnam?

When will the village head and residential group leader be decided to resign in Vietnam? (Internet image)

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

1. When will the village head and residential group leader be decided to resign in Vietnam?

According to Clause 1, Article 9, Decree 59/2023/ND-CP, dismissal from the position of village head or residential group leader will be decided at a meeting of the residential community in the following cases:

- A person who requests to resign from the position of village head or residential group leader due to health reasons, family circumstances, or other reasons according to personal wishes must submit an application to the Chairman of the Commune People's Committee clearly stating the reason for resignation.

- The Head of the Front Work Committee in the village or residential group requests the Chairman of the Commune People's Committee to consider giving up the matter in cases where the Village Head or Neighborhood Group Leader no longer enjoys the people's trust, fails to complete their tasks, violates the people's right to ownership, is corrupt, wasteful, and does not submit to executive direction of the Commune People's Committee, regulations of superiors, violating the law but not to the extent of being prosecuted for criminal liability, or when at least 50% of the total number of households or household representatives in the village or residential group make a proposal.

2. Procedures for organizing a meeting to dismiss a village head or residential group leader in Vietnam

Specifically, in Clause 2, Article 9 of Decree 59/2023/ND-CP, the order for organizing a meeting of the residential community to dismiss the position of village head or residential group leader shall comply with the provisions of Clause 5, Article 3 of Decree 59/2023/ND-CP:

- The person who chairs the meeting of the residential community as prescribed in Clause 1, Article 9 of Decree 59/2023/ND-CP declares the reason and introduces the delegates; approves the meeting agenda; and introduces a person to the meeting to vote on to be the meeting secretary. The decision of the meeting secretary is made when more than 50% of household representatives attending the meeting raise their hands to vote in agreement.

Based on the specific content of each meeting, the chairperson or assigned person shall announce relevant decisions and documents according to the meeting agenda.

- Meeting attendees discuss the content presented by the chairperson or assigned person.

For community meetings to elect village heads and residential group leaders; members of the Community Investment Supervision Board, members of the People's Inspection Board in communes, wards, and towns, the representative of the Front Working Committee in the village or residential group will introduce the list of candidates. The Front Working Committee in the village and residential group has agreed with the village Party Committee and residential group and requested household representatives to attend the self-nomination meeting.
or nominate someone who is qualified to participate in the election.

At the end of the discussion, the meeting chairperson summarizes the discussed opinions, proposes contents that need to be voted on and voting options by raising hands or secret ballots for attendees to choose from. The option is selected when more than 50% of household representatives attending the meeting raise their hands to vote in agreement.

- Vote on the discussed contents.

For the form of voting by show of hands, the voting results are counted right at the time of voting and recorded in the meeting minutes.

For voting by secret ballot, the meeting chairperson proposes the number and list of the Vote Counting Committee from 03 to 05 people (including the Head of the Committee and members) for household representatives to attend the meeting to vote by raising hands. The vote-counting committee will decide when more than 50% of household representatives attending the meeting raise their hands to vote in agreement.

The Vote Counting Committee guides the rules on how to record votes, vote, and issue ballots.

After finishing voting, the Vote Counting Committee proceeds to count the votes (During the vote counting process, the Vote Counting Committee invites 02 major households to attend the meeting to witness the vote counting) and prepare a record of vote counting according to Form No. 02 attached to Decree 59/2023/ND-CP. The head of the vote-counting committee announced the vote-counting results at the meeting.

Form No. 02

The vote counting minutes are made into 03 copies and sent together with the decision of the residential community to the commune-level People's Committee and the commune-level Vietnam Fatherland Front Committee and kept at the village and residential group.

- The meeting chairperson announces the voting results for each voting topic and concludes the meeting. The decisions of the residential community are expressed in written forms: resolutions, meeting minutes, memoranda of understanding, and agreements of the residential community, which clearly show the content of the community's decision as prescribed in Clause 2, Article 20 of the Law on Implementation of Grassroots-level Democracy.

In case the meeting elects a village head or residential group leader, the elected person will be present at the meeting. If the elected candidate cannot be determined, clearly state the reason for not being able to elect the Village Head or Residential Group Leader in the meeting minutes to report to the Commune People's Committee for consideration and a decision on re-election.

Immediately after the meeting ends, the meeting chairperson is responsible for completing the meeting documents. No later than 05 working days from the end of the meeting, the decision has been voted for by the community (according to Form No. 03 attached to Decree 59/2023/ND-CP) and must be sent to the commune-level People's Committee and the commune-level Vietnam Fatherland Front Committee according to the provisions of Clause 3, Article 20 of the Law on Implementation of Grassroots-level Democracy.

Form No. 03

3. Regulations on recognition of dismissal results as Village Head or Residential Group Leader in Vietnam

Pursuant to Clause 3, Article 9 of Decree 59/2023/ND-CP, regulations on the recognition of dismissal results as Village Heads and Residential Group Leaders are as follows:

Within 05 working days from the date of receiving the decision approved by the community, the Commune People's Committee shall consider and issue a decision to recognize the results of dismissal from the position of village head or residential group leader. In the event that a decision to recognize the results of dismissal from the position of village head or residential group leader is not issued, a written response must be made clearly stating the reason.

In case the meeting cannot agree on the termination of the position of village head or residential group leader, the commune-level People's Committee will consider and decide after reaching agreement with the commune-level Vietnam Fatherland Front Committee.

Within 60 days from the date of the decision to recognize the dismissal as Village Head or Residential Group Leader, the Commune People's Committee shall decide to elect a new Village Head or Residential Group Leader.

During the period of vacancy in the village head or residential group leader, the commune-level People's Committee agrees with the commune-level Vietnam Fatherland Front Committee to decide to appoint a temporary village head and residential group leader to manage the activities of the village and residential group until the election of a new Village Head or Residential Group Leader.

Ho Quoc Tuan

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