Mr. Nguyen Van Manh (Nong Cong district, Thanh Hoa province) learned about Decree 59/2023/ND-CP dated August 14, 2023 of the Government detailing a number of articles of the Law on Implementing Democracy at Grassroots Level, effective from August 15, 2023.
Meanwhile, Circular No. 04/2012/TT-BNV dated August 31, 2012 of the Ministry of Home Affairs guiding the organization and operation of villages and residential groups (amended and supplemented in Circular No. 14/2018/TT-BNV dated December 3, 2018 and Circular No. 05/2022/TT-BNV dated May 23, 2022) was issued earlier.
"Are the above Circulars of the Ministry of Home Affairs still valid? Does the Ministry have any documents providing specific guidance on the implementation of Decree 59/2023/ND-CP on the election of Village Chiefs?" - Mr. Manh wondered.
Regarding the reflection and recommendation of Mr. Nguyen Van Manh, the Ministry of Home Affairs has responded on the Electronic Information Portal.
Accordingly, while waiting for the competent authority to issue a document amending, supplementing or replacing Circular No. 04/2012/TT-BNV dated August 31, 2012 of the Minister of Home Affairs guiding the organization and operation of villages and residential groups (amended and supplemented in Circular No. 14/2018/TT-BNV dated December 3, 2018 and Circular No. 05/2022/TT-BNV dated May 23, 2022), the process of electing Village Heads and Residential Group Heads shall comply with the provisions of Articles 6, 7 and 8 of Decree No. 59/2023/ND-CP dated August 14, 2023 of the Government detailing a number of articles of the Law on Democracy Implementation at the Grassroots Level.
In particular, Article 6 of this Decree clearly states the preparation work for electing Village Chief and Head of Residential Group:
Accordingly, the Chairman of the People's Committee at the commune level is responsible for:
Issue a decision to organize the election of the Village Chief and Head of the Residential Group; preside over and coordinate with the Standing Committee of the Vietnam Fatherland Front Committee at the commune level to develop a plan, provide professional guidance and organize the implementation of the plan at least 20 days before the date of the community meeting to elect the Village Chief and Head of the Residential Group.
Issue a decision to establish an Election Team at least 10 days before the date of the community meeting to elect the Village Chief and Head of the Residential Group after agreeing with the Vietnam Fatherland Front Committee at the commune level.
The election team includes: Representative of the Front Working Committee in the village or residential group as Team Leader; members are representatives of mass organizations, political and social organizations and representatives of households in the village or residential group (not candidates for Village Head or Residential Group Head).
Decisions must be announced to the people in the village or residential group, posted at the cultural house or community activity house of the village or residential group, and announced on the public address system or in other forms suitable to local conditions at least 7 days before the election day.
The head of the Front Working Committee in the village or residential group shall organize a meeting of the Front Working Committee in the village or residential group to plan a list of candidates for the position of Village Chief or Head of the Residential Group; report to the Party Committee of the village or residential group to agree on the introduction of at least 01 candidate for the position of Village Chief or Head of the Residential Group; organize a meeting of the Front Working Committee in the village or residential group after receiving the opinion of the Party Committee of the village or residential group to decide on the official list of candidates (at least 01 person).
The meeting content must be recorded in minutes according to form No. 05 attached to this Decree and sent to the People's Committee at the commune level at least 15 days before the date of the community meeting.
