The Ministry of Home Affairs guides the resolution of some difficulties and problems in implementing the 2-level local government organization model for the Department of Home Affairs of Dak Lak province.
The Ministry of Home Affairs stated that the Law on Organization of Local Government has stipulated the authority to establish, reorganize, dissolve, rename, and rename villages and residential groups of commune-level People's Councils.
At the same time, to implement the organization and operation of villages and residential groups in the context of arranging administrative units and implementing the 2-level local government model, the Ministry of Home Affairs issued Instruction Document No. 4168/BNV-CQDP dated June 23, 2025.
In which, it guides the determination of the type of community organization for residents at the commune-level administrative unit (new), the conversion of villages into residential groups or residential groups into villages and the renaming of villages and residential groups due to the same name.
Currently, the Ministry of Home Affairs is drafting a decree on the organization and operation of villages and residential groups and a number of regimes and policies for part-time workers to submit to the Government for consideration and decision.
Contents related to the process of electing village heads and heads of residential groups, according to the Ministry of Home Affairs, are stipulated in the Law on Grassroots Democracy and Decree 59/2023 of the Government detailing a number of articles of the Law on Grassroots Democracy.
The Ministry of Home Affairs emphasized that these regulations are in effect and are still suitable when implementing the 2-level local government model.
Article 9 of Decree 59/2023 clearly states the process for removing the position of village chief and head of residential group.
Accordingly, the dismissal of village heads and residential group heads is decided at a meeting of the residential community in the following cases:
The person who requests to cease being a village chief or a group leader of a residential group for health reasons, family circumstances or other reasons at the request of the individual shall submit a petition to the Chairman of the People's Committee at the commune level stating the reason for the resignation.
The Head of the Front Working Committee in villages and residential groups recommends that the Chairman of the People's Committee at the commune level consider dismissing them in cases where the village chief or residential group leader is no longer trusted by the people, does not fulfill his duties, violates the people's right to mastery, is corrupt, wasteful, does not comply with the direction and management of the People's Committee at the commune level, the regulations of superiors, violates the law but has not yet reached the level of criminal prosecution or when at least 50% of the total number of households or representatives of households in the village or residential group are petitioned.
The procedure for organizing a community meeting to remove the position of village chief and head of a residential group shall comply with the provisions of Clause 5, Article 3 of this Decree.
Within 5 working days from the date of receipt of the decision approved by the community, the People's Committee at the commune level shall consider and issue a decision to recognize the results of the dismissal of village heads and group leaders of residential groups.
In case the decision to recognize the results of the dismissal of the village chief or head of the residential group must be responded to in writing and the reason must be stated.
In case the meeting cannot agree on the dismissal of the position of village chief or head of a residential group, the People's Committee at the commune level shall consider and decide after agreeing with the Vietnam Fatherland Front Committee at the commune level.
Within 60 days from the date of the decision to recognize the dismissal of the village chief and the head of the residential group, the People's Committee at the commune level decides to elect a new village chief and the head of the residential group.
During the period of inactivity of village heads and residential group leaders, the People's Committees at the commune level agreed with the Vietnam Fatherland Front Committee at the commune level to decide on the temporary election of village heads and residential group leaders to manage the activities of the villages and residential groups until a new village chief or residential group leader was elected.
