The 2-level government apparatus (provincial, city and commune level) officially went into operation nationwide from July 1, 2025.
Accordingly, the whole country has 34 provincial and city-level administrative units and 3,321 commune-level administrative units. Among these, 19 provinces and 4 cities were formed after arrangement, as stipulated in the resolution passed in the 9th session of the 15th National Assembly.
In the document guiding the resolution of some difficulties and obstacles in implementing the 2-level local government organization model for the Department of Home Affairs of Dak Lak province, the Ministry of Home Affairs said: The contents related to the election process for village heads and residential group heads are regulated in the Law on Implementation of Democracy at the Grassroots and Decree 59/2023 of the Government detailing a number of articles of the Law on Implementation of Democracy at the Grassroots.
The Ministry of Home Affairs emphasized that these regulations are currently in effect and are still appropriate when implementing the 2-level local government model.
Accordingly, Article 9 of Decree 59/2023/ND-CP clearly states that the dismissal of village heads and residential group leaders is decided at a meeting of the residential community for the following cases:
The person who resigns as Village Head or Residential Group Leader for health reasons, family circumstances or other reasons according to personal wishes has a petition sent to the Chairman of the Commune-level People's Committee stating the reason for resignation.
Heads of Fatherland Front Work Committees in villages and residential groups propose that the Chairman of the Commune-level People's Committee consider allowing dismissal in cases where village heads and residential group leaders are no longer trusted by the people, do not complete their tasks, violate the people's right to mastery, are corrupt, wasteful, do not obey the direction and administration of the Commune-level People's Committee, the regulations of superiors, violate the law but have not reached the level of criminal prosecution or when at least 50% of the total number of households or representatives of households in villages and residential groups propose.
The order of organizing meetings of the residential community to dismiss village heads and residential group leaders shall be implemented according to the provisions of Clause 5, Article 3 of Decree 59/2023/ND-CP.
Recognizing the results of dismissal from the position of Village Head, Residential Group Leader
Within 5 working days from the date of receiving the decision that has been voted on by the residential community, the commune-level People's Committee shall consider and issue a decision recognizing the results of dismissal from the position of Village Head, Residential Group Leader. In case a decision recognizing the results of dismissal from the position of Village Head, Residential Group Leader is not issued, a written reply must be given and the reason must be clearly stated.
In case the meeting does not reach a consensus on dismissing village heads and residential group leaders, the commune-level People's Committee shall consider and decide after reaching agreement with the commune-level Vietnam Fatherland Front Committee.
Within 60 days from the date of the decision recognizing and dismissing village heads and residential group leaders, the commune-level People's Committee shall decide on the election of new village heads and residential group leaders.
During the time of vacancy of village heads and residential group leaders, the commune-level People's Committee shall agree with the commune-level Vietnam Fatherland Front Committee to decide to appoint temporary village heads and residential group leaders to manage the activities of the village and residential group until the new village head and residential group leader is elected.
