Procedure for removing the position of Head of the Neighborhood Group

Lao Dong Newspaper Legal Consulting Office replied:

Article 9 of Decree 59/2023/ND-CP detailing a number of articles of the Law on Grassroots Democracy, stipulates the procedure for dismissing Village Heads and Residential Group Heads as follows:

1. The dismissal of the Head of the residential group is decided at the meeting of the residential community in the following cases:

a) A person who requests to resign from being the Head of a residential group due to health reasons, family circumstances or other personal reasons must submit a request to the Chairman of the People's Committee at the commune level stating the reason for resignation.

b) The Head of the Front Working Committee in the village or residential group shall propose to the Chairman of the People's Committee at the commune level to consider dismissal in cases where the Head of the residential group is no longer trusted by the people, does not fulfill his/her duties, violates the people's mastery rights, is corrupt, wasteful, does not comply with the direction and administration of the People's Committee at the commune level, regulations of higher levels, violates the law but not to the extent of being prosecuted for criminal liability, or when at least 50% of the total number of households or representatives of households in the village or residential group make a request.

2. The procedure for organizing a community meeting to dismiss a person from the position of Head of the residential group shall comply with the provisions of Clause 5, Article 3 of this Decree.

3. Recognition of the results of the dismissal from the position of Head of the residential group

Within 05 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 recognizing the results of the dismissal from the position of Head of the residential group. In case the decision is not issued to recognize the results of the dismissal from the position of Head of the residential group, a written response must be issued stating the reasons.

In case the meeting cannot agree on the dismissal of the Head of the 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 resignation of the Head of the residential group, the People's Committee at the commune level shall decide to elect a new Head of the residential group.

During the period of vacancy of the Head of the Residential Group, the People's Committee at the commune level shall agree with the Vietnam Fatherland Front Committee at the commune level to decide to appoint a temporary Head of the Residential Group to manage the activities of the village or residential group until a new Head of the Residential Group is elected.

Thus, the procedure for removing the Head of the Neighborhood Group is prescribed as above.