Procedure for removing the position of Village Head and Head of Residential Group

The Lao Dong Newspaper Legal Consulting Office replied:

Article 9 of Decree 59/2023/ND-CP details a number of articles of the Law on Grassroots Democracy, stipulating the process for removing Village Heads and Heads of Residential Groups as follows:

1. The termination of the duties of Village Head and Residential Group Head is decided at a meeting of the residential community in the following cases:

a) The person who requests to cease to be a Village Chief or a Head of a residential group for health reasons, family circumstances or other reasons at his/her personal request shall submit a petition to the Chairman of the People's Committee at the commune level stating the reason for the resignation.

b) Head of the Front Task Force in the village and the residential group requested the President of the People's Committee of the commune to consider in case the village head, the head of the residential group is no longer trusted by the people, failed to fulfill the tasks, violate the people's ownership, corruption, wastefulness, not obeying the executive direction of the commune -level People's Committee, the provisions of the upper level, but at least the level of the law, but at least the level of the law, but at least the level of the law, but at least the level of the total number Communal house or representative of households in the village or residential quarter proposed.

2. 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.

3. Recognize the results of the dismissal of Village Heads and Heads of Residential Groups

Within 05 working days from the date of receiving the decision approved by the community, the commune -level People's Committee shall consider and issue a decision to recognize the results for the village head and the head of the residential group. In case of not issuing a decision to recognize the results for the village head or the head of the residential group, they must reply in writing and clearly state the reason.

In case the meeting does not agree to be allowed to be the head of the village or the head of the residential group, the commune -level People's Committee shall consider and decide after agreeing with the Vietnam Fatherland Front Committee of the commune.

Within 60 days from the date of the decision to be recognized as the head of the village, the head of the residential group, the commune -level People's Committee decided to carry out the election of the village head and the head of the new residential group.

During the time of the village head, the head of the residential group, the People's Committee of the commune level was unified with the Vietnam Fatherland Front Committee of the commune decided to send the head of the village, the Head of the Provisional Residential Group to manage the activities of the village and the residential group until the election was elected by the head of the village or the new residential group.

Thus, the procedure for removing the position of Village Head and Head of Residential Group is regulated as above.