Can commune officials who quit their jobs under Decree 178 become Village Heads?

The Lao Dong Newspaper Legal Consulting Office replied:

Clause 1, Article 5, Decree 33/2023/ND-CP stipulates as follows:

1. Commune-level cadres specified in Clause 1, Article 2 of this Decree hold the following positions:

a) Party Committee Secretary and Deputy Secretary;

b) Chairman and Vice Chairman of the People's Council;

c) Chairman and Vice Chairman of the People's Committee;

d) Chairman of the Vietnam Fatherland Front Committee;

d) Secretary of the Ho Chi Minh Communist Youth Union;

e) President of the Vietnam Women's Union;

g) Chairman of the Vietnam Farmers' Union (applicable to communes, wards and towns with agricultural, forestry, fishery, fishery activities and with the Vietnam Farmers' Union);

h) Chairman of the Vietnam Veterans Association.

Current law does not prohibit commune-level cadres who quit their jobs from becoming village chiefs.

Article 11 of Circular 04/2012/TT-BNV, to become a Village Head, the Head of a Residential Group must meet the following standards:

- Have permanent residence and permanent residence in villages and residential groups.

- Be 21 years old or older, healthy, enthusiastic and have a sense of responsibility in work;

- Have good political qualities, moral qualities, and be trusted by the people;

- Have cultural knowledge, capacity, and experience to mobilize and organize people to perform well the self-management work of the community as well as the work assigned by superiors;

- yourself and your family are exemplary in implementing the Party's guidelines and policies, the State's policies and laws.

Thus, commune officials quit their jobs under Decree 178 to be the head of the village to meet the above standards and must go through the election process, recognize the results of the village head comply with the provisions of Article 3, Article 6, Article 7 and 8 of the Government's Decree No. 59/2023/ND-CP detailing a number of articles of the Law on Execution of Democracy at the grassroots level.