Legal Consulting Office of Lao Dong Newspaper answers:
Article 9 of Decree 59/2023/ND-CP detailing a number of articles of the Law on Implementation of Democracy at the Grassroots level stipulates the procedure for dismissal from the position of Village Head, Residential Group Leader as follows:
1. The dismissal of village heads and neighborhood group leaders is decided at a meeting of the residential community for the following cases:
a) The person who requests resignation from the position of Village Head, Neighborhood Group Leader for health reasons, family circumstances or for other reasons according to personal wishes has a letter sent to the Chairman of the Commune-level People's Committee stating the reasons for resignation.
b) Heads of Fatherland Front committees in villages and residential groups propose that the Chairman of the Commune-level People's Committee consider reducing them in cases where village heads and residential group leaders are no longer trusted by the people, do not complete their tasks, violate the people's right to mastery, are corrupt, wasteful, do not obey the direction and administration of the Commune-level People's Committee, regulations of superiors, violate the law but have not reached the level of criminal prosecution or when at least 50% of the total number of households or representatives of households in villages and residential groups propose.
Thus, the cases of dismissal of the Village Head mentioned above must be decided at a meeting of the residential community.
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