One of the notable points of the draft is the regulation on election and dismissal from the duties of village heads and residential group leaders; recognition and dismissal from the duties of deputy village heads and deputy heads of residential groups (Article 5) as follows:
In case of establishing, arranging, and reorganizing villages, residential groups, or missing village heads or residential group leaders, the commune-level People's Committee shall appoint people to hold temporary positions. The term is no more than 6 months from the date of the appointment decision.
The process of electing and dismissing village heads and residential group leaders is implemented according to Section 2, Chapter II, Decree No. 59/2023/ND-CP dated August 14, 2023 of the Government.
Regarding the election results, within 5 working days from the date of receiving the decision that has been voted on by the residential community, the commune-level People's Committee shall consider and decide to recognize the winner or decide to re-elect.
If no decision on recognition or re-election is issued, the commune-level People's Committee must respond in writing and clearly state the reason.
With the results of dismissal from village heads and residential group leaders, the commune-level People's Committee also has a working period of 5 working days from the date of receiving the decision that has been voted on by the residential community to consider and issue a recognition decision.
In case no decision is issued recognizing the results of dismissal from the position of village head or neighborhood group leader, the commune-level People's Committee must respond in writing and clearly state the reason.
Village heads and residential group leaders officially operate when there is a recognition decision from the commune-level People's Committee.
The draft also stipulates the recognition and dismissal of deputy village heads and deputy heads of residential groups.
Accordingly, after agreeing with the Party cell secretary, head of the Fatherland Front work committee in the village and residential group, the village head and residential group leader choose the deputy village head and deputy residential group leader.
After that, the village head and group leader of the residential group submit to the commune-level People's Committee to decide on recognizing or dismissing them as deputy village heads and deputy group leaders of the residential group.
According to the explanation of the Phu Tho Department of Home Affairs, the content on the process of electing and dismissing village heads and residential group leaders is proposed according to the provisions of Section 2, Chapter II, Decree No. 59/2023/ND-CP dated August 14, 2023 of the Government.
For deputy village heads and deputy heads of residential groups, the Department of Home Affairs said that the proposal is built on the basis of applying Clause 3, Article 6 of Decree No. 185/2026/ND-CP on the powers of village heads and heads of residential groups.
