The Ministry of Home Affairs said that the contents related to Village Heads and Heads of Residential Groups are stipulated in the Law on Grassroots Democracy and Decree No. 59/2023/ND-CP dated August 14, 2023 of the Government detailing a number of articles of the Law on Grassroots Democracy.
According to Decree No. 59/2023/ND-CP, Village Heads and Heads of Residential Groups convene and chair a meeting of the community for the people to discuss and decide on the contents specified in Clauses 1, 2, 3, 5 and 6, Article 15 of the Law on Grassroots Democracy.
The election team (established by the Chairman of the People's Committee at the commune level) convene and chair a meeting of the community to elect the Village Head and Residential Group Head.
The Head of the Front Working Committee in the village or residential group will convene and chair a meeting of the residential community to dismiss the Head of the Village or Residential Group. In case the Head of the Village or Residential Group is also the Head of the Front Working Committee, the Chairman of the Commune People's Committee shall convene and chair the meeting after reaching an agreement with the Chairman of the Vietnam Fatherland Front Committee at the commune level.
In case of shortcomings, the Head of the Village or Residential Group shall appoint the Chairman of the Commune People's Committee to appoint representatives of the Front Working Committee in the village or residential group or the summoner who is a citizen with a prestige residing in the village or residential group to convene and organize a meeting of the residential community for the people to discuss and decide on the contents except for the cases specified in Point b, Point c, Clause 1 of this Article.
The village chief and the head of the residential group shall authorize a member of the Front Working Committee in the village or residential group or a citizen with a prestige residing in the residential group to preside over and chair a meeting of the residential group and report the results to the village chief and the head of the residential group to synthesize and summarize the general results of the entire village or residential group.
The Decree also stipulates that the dismissal of Village Heads and Heads of Residential Groups is decided at a meeting of the residential community in the following cases:
The person who requests to cease to be a Village Chief or a Head of a Residential Group for reasons of health, family circumstances or other reasons, according to personal wishes, 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 should propose that the Chairman of the People's Committee at the commune level consider dismissing the Head of the Village or Residential Group in cases where the Village Head or Residential Group Head 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 Commune People's Committee, the regulations of the superior, violates the law but is not yet subject to criminal prosecution or when there are at least 50% of the total number of households or representatives of households in the village or residential group making recommendations.
The procedure for organizing a meeting of the community to remove the Head of the Village or Head of the Residential Group shall comply with the provisions of Clause 5, Article 3 of this Decree.
