Sequence of the meeting to remove the Head of the Village

The Lao Dong Newspaper Legal Consulting Office replied:

Clause 2, Article 9 of Decree 59/2023/ND-CP regulating the procedure for organizing meetings of the community to remove the Head of Village or Residential Group Heads shall comply with the provisions of Clause 5, Article 3 of this Decree.

Clause 5, Article 3 of Decree 59/2023/ND-CP stipulates the procedure for organizing community meetings as follows:

a) The presiding judge at a community meeting as prescribed in Clause 1 of this Article shall declare the reasons and introduce a delegate; approve the meeting agenda; introduce a person for the meeting to vote and appoint as the meeting secretary. The meeting secretary is decided when more than 50% of household representatives attending the meeting raise their hands to vote in agreement.

Based on the specific content of each meeting, the presiding judge or assigned person shall announce relevant decisions and documents according to the meeting agenda.

b) Attendees at the meeting discuss the contents presented by the presiding person or assigned person.

For the meeting of the community to elect the village head, the head of the population group; Members of the Investment Supervisory Board of the community, members of the People's Inspection Board in communes, wards and townships, the representative of the Front Task Force in the village, the residential group introduced the list of candidates by the Front Task Force in the village and the residential group agreed with the Party cell committee, the residential group and asked the representative of the household to attend the self -election meeting or nominate people who have enough conditions to participate in the election.

At the end of the discussion, the host of the meeting summarizes the discussions, proposing the contents that need to be voted and the voting plan is in the form of raising hands or secret ballots for the attendees to choose. The plan was selected when over 50% of the household representative attended the meeting to raise the voting.

c) Voting on the contents that have been discussed

For the form of increased voting, the voting results are counted immediately at the time of voting and recorded in the meeting minutes.

For the form of secret ballot, the meeting chairman proposes the number and list of Counting Committees from 03 to 05 people (including Heads and members) for household representatives to attend the meeting to vote by raising their hands. The vote counting committee is decided when more than 50% of household representatives attended the meeting and raised their hands to vote in agreement.

The ballot counting committee guides the rules, how to record ballots, vote and how to distribute ballots.

After the vote ended, the voting committee carried out the votes (during the voting process, the voting committee invited 02 household representatives to attend the meeting to witness the vote test) and make a record of the votes according to form No. 02 together with this Decree. The head of the vote check committee announced the vote test results at the meeting. The record of the votes was made in 03 copies and enclosed with the decision of the community to the People's Committee of the commune, the Vietnam Fatherland Front Committee of the commune and the residential area.

d) The host of the meeting announced the voting results for each voting content and concluding the meeting. The decision of the community is expressed in the forms of documents: Resolution, meeting record, memorandum, agreement of the community, which clearly shows the content of the decision of the community in accordance with Clause 2, Article 20 of the Law on Execution of the grassroots level at the grassroots level.

In case the meeting elected village heads and heads of the residential group, the elected person launched the meeting. If the elected person is not determined, the reason is not allowed to elected the head of the village or the head of the residential group in the meeting minutes to report to the commune -level People's Committee for consideration and decision on the organization of the re -election.

Immediately after the meeting ended, the host of the meeting was responsible for completing the meeting file, within 05 working days from the end of the meeting, the decision was voted by the voting community (according to Form No. 03 together with this Decree) must be sent to the commune -level People's Committee, the Vietnam Fatherland Front Committee of the commune level as prescribed in Clause 3, Article 20 of the Law on Democracy at the establishment.

Thus, the meeting procedure for removing the Head of the Village is prescribed as above.