Joint Circular No. 01/2005/TTLT-BTTUBTWMTTQVN-BNV guiding the procedures for electing, appointing, and removing Village Chiefs and Ward People's Group Leaders

JOINT CIRCULAR

Guidelines for the election, appointment, and removal of Village Chiefs and Ward People's Group Leaders

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Based on the Law on Legislative Acts issued and amended on December 16, 2002;

Based on the election procedures for village chiefs and ward people's group leaders as stipulated in the Regulation on the organization and operation of villages and ward people's groups (annexed to Decision No. 13/2002/QĐ-BNV dated December 6, 2002 of the Minister of Home Affairs).

To implement uniformly the regulations on the procedures for electing, appointing, and removing village chiefs and ward people's group leaders, the Ministry of Home Affairs and the Standing Committee of the Vietnam Fatherland Front Central Committee provide guidance on the following points:

I. GENERAL PRINCIPLES FOR THE ELECTION, APPOINTMENT, AND REMOVAL OF VILLAGE CHIEFS AND WARD PEOPLE'S GROUP LEADERS

The organization of elections for village chiefs and ward people's group leaders (hereinafter referred to collectively as village chiefs); the consideration of proposals for the appointment and removal of village chiefs must truly be democratic, respect and listen to the opinions of the people, ensure the democratic rights of the people, and guarantee the leadership of grassroots Party organizations.

II. PROCEDURES FOR ELECTING VILLAGE CHIEFS

A. Preparation Work

1. At least thirty days before the election date, the Chairman of the People's Committee of the commune, ward, or town (hereinafter collectively referred to as the commune level) issues a decision to announce the election date for the village chief and establish the Election Committee.

2. The Chairman of the People's Committee at the commune level shall preside over and coordinate with the Chairman of the People's Council of the same level to develop an election plan, provide procedural guidance, and assist in organizing the election meeting.

3. The Chairman of the People's Council at the commune level shall preside over and coordinate with the Chairman of the People's Committee of the same level to organize a meeting to implement the election plan.

- Meeting participants:

The village chief (or acting village chief), Secretary of the village Party branch, Head of the Mass Organization Working Group, Secretary of the Youth League Branch, President of the Women's Union Branch, President of the Farmers' Union Branch, President of the Veterans' Union Branch, President of the Senior Citizens' Union Branch, and some members of the aforementioned mass organizations if necessary.

- Meeting contents:

+ Representatives from the People's Committee at the commune level announce the decision of the Chairman of the People's Committee at the commune level regarding the election date and the establishment of the Election Committee.

+ Representatives from the People's Committee at the commune level disseminate the election plan, duties of the Election Committee, responsibilities of the village chief, and conditions ensuring the election process.

+ Representatives from the Standing Committee of the People's Council at the commune level disseminate the nomination process for candidates for village chief, voting procedures, ballot counting, announcement of results, and reporting of election results, as well as propaganda and mobilization activities for voter participation.

+ The meeting discusses and implements the election procedures.

+ Conclusion of the meeting by representatives from the People's Council at the commune level.

B. Nomination Procedures

Step One: Propose a list of candidates.

1. Based on the qualifications for village chief (as stipulated in Article 11 of the Regulation on the organization and operation of villages and ward people's groups), the Head of the Mass Organization Working Group reports to the Party branch about the proposed nomination of candidates for village chief and the plan for the election of the village chief.

2. The Mass Organization Working Group convenes to propose candidates.

a. Meeting Participants

The Head of the Mass Organization Working Group convenes and chairs the meeting, including all members of the Mass Organization Working Group.

b. Content, Procedure, and Sequence

- Introduce the purpose and requirements of the meeting and read the decision of the Chairman of the People's Committee at the commune level regarding the election date and the establishment of the Election Committee.

- Introduce the qualifications for village chief (as stipulated in Article 11 of the Regulation on the organization and operation of villages and ward people's groups).

- The Head of the Mass Organization Working Group presents the proposed list of candidates (which may include one or two individuals).

- The meeting discusses and comments on the proposed candidates.

- The Head of the Mass Organization Working Group concludes the meeting's comments on the proposed candidates.

- The meeting records the minutes detailing the number of attendees, the content of the meeting, and the meeting's comments on the proposed candidates (according to Model Form No. 1).

Step Two: Organize a meeting of voters to discuss the qualifications and list of candidates.

1. Meeting Participants

- All voters or representative voters from households;

- All members of the Mass Organization Working Group;

- The village chief, deputy village chief; ward people's group leader, deputy ward people's group leader.

The Head of the Mass Organization Working Group chairs and coordinates with the village chief to invite voters to meet. In villages or ward people's groups with up to 100 households, a full meeting of voters or representative voters from households should be convened. The meeting can only proceed when more than half of the invited voters attend. In places with more than 100 households, it is not necessary to convene a full meeting but rather a meeting of representative voters from household groups or self-managed groups or from production teams; however, at least 50% of households must be represented in the meeting. The meeting can only proceed when more than half of the invited voters attend.

The Head of the Mass Organization Working Group sends invitations to the meeting participants mentioned above and invites representatives from the Standing Committee of the People's Council at the commune level.

The village chief, Secretary of the Party branch, and Head of the Mass Organization Working Group chair the meeting of voters.

2. Content, Procedure, and Sequence

a. The Head of the Mass Organization Working Group states the reasons for the meeting and introduces the meeting participants.

b. The Head of the Mass Organization Working Group introduces the secretary of the meeting and this must be approved by a majority of the attending voters through a show of hands.

c. The village chief announces the decision of the Chairman of the People's Committee at the commune level regarding the election date and the establishment of the Election Committee.

d. The village chief reports on the work during the previous term and conducts self-criticism before the meeting of voters.

e. The Head of the Mass Organization Working Group reads the qualifications for village chief and introduces the proposed list of candidates for village chief from the Mass Organization Working Group.

f. The meeting discusses the list of candidates proposed by the Mass Organization Working Group. Voters may also introduce candidates or run themselves.

g. The meeting discusses and decides on the composition of voters who will elect the village chief (all voters or representative voters from households).

h. Approve the minutes of the meeting of voters (according to Model Form No. 2).

i. The village chief concludes the meeting so that the Mass Organization Working Group can finalize the list of candidates.

Step Three: Organize a meeting of the Mass Organization Working Group to finalize the official list of candidates.

1. Meeting Participants:

The Head of the Mass Mobilization Working Group convenes and chairs the Meeting, which includes representatives from the grassroots Party organization, Youth League Branch, Women's Association Branch, Farmers' Association Branch, Veterans' Association Branch, and Senior Citizens' Association Branch.

2. Content, procedures, and sequence.

- The Head of the Mass Mobilization Working Group states the purpose of the Meeting and introduces the delegates; thereafter, reads out the list of individuals nominated by the Mass Mobilization Working Group and voters, including self-nominated candidates (if any).

- The Meeting bases on the criteria for Village Chief to discuss and determine the official list of candidates for Village Chief. There must be at least two candidates for voters to choose from.

- The Meeting records the minutes detailing the composition of the Meeting, the total number of people convened, the number present, the content of the Meeting, the proceedings of the Meeting, and the final agreement of the Meeting to establish the official list of candidates for Village Chief (according to Model No. 3). The list of candidates for Village Chief shall be publicly posted seven days before the election date (according to Model No. 4).

C. Election Work

Based on the Decision of the Chairman of the People's Committee of the Commune establishing the election team and determining its tasks, the Team Leader directs the election work according to the provisions of Sections 3 and 4 of Article 13 of the Regulation on the Organization and Operation of Villages and Neighborhoods (annexed to Decision No. 13/2002/QĐ-BNV dated December 6, 2002 issued by the Minister of Home Affairs).

1. Composition of voters and form of election:

The composition of voters electing the Village Chief consists of all voters or voter representatives elected by the voter meeting as stipulated in point i, step two, Section B, Part II of this Circular.

The election may be conducted through raising hands or secret ballot. If the village, hamlet, or neighborhood has 100 households or fewer, the election can be conducted through raising hands or secret ballot as decided by the voter meeting; if there are more than 100 households, the election must be conducted through secret ballot.

2. Sequence of the election:

2.1. If the election is conducted through raising hands, then the voter meeting appoints three people to directly count the votes.

2.2. If the election is conducted through secret ballot, the voter meeting elects a vote-counting board consisting of three to five people introduced by the Team Leader from among those who are not candidates for Village Chief.

a. The election team prepares ballot boxes and ballots bearing the seal of the People's Committee for Mass Mobilization at the commune level. On the ballots, the full names of the candidates are clearly stated. During the election, each voter may only select one candidate from the list (without crossing out the name of the chosen candidate) and cross out the names of those they do not trust. In areas where printing ballots is not feasible, voters who trust someone in the officially determined list of candidates for Village Chief should write their full names on the blank ballots already stamped with the seal of the People's Committee for Mass Mobilization at the commune level.

b. The vote-counting board conducts the ballot counting immediately after the voting ends at the polling place.

Before the vote-counting board opens the ballot box, the election team must tally and record the sealing of unused ballots and invite two voters who are not candidates to witness the ballot counting process. The election team has the right to observe the ballot counting.

The following ballots are invalid:

- Ballots that are not ballots distributed by the election team.

- Ballots without the seal of the People's Committee for Mass Mobilization at the commune level.

- Ballots indicating two or more persons to be elected.

- Ballots that have crossed out all candidate names.

- Ballots listing names outside the candidate list or additional writing on the ballots.

c. After completing the ballot counting, the vote-counting board hands over the ballot counting minutes (according to Model No. 5) and ballots to the Team Leader. The ballot counting minutes must detail:

- The total number of voters in the village based on the full voter list or representative voter list.

- The number of voters participating in the voting.

- The number of ballots distributed.

- The number of ballots collected.

- The number of valid ballots.

- The number of invalid ballots.

- The number of votes received by each candidate.

The person elected as Village Chief is the one receiving more than half of the valid votes and the most votes.

The election results are valid only when at least half of the voters listed in the voter list participate in the voting.

The ballot counting minutes are made in three copies, signed by members of the vote-counting board and two witnesses to the ballot counting process, to be sent to the Chairman of the People's Committee, the Chairman of the People's Committee for Mass Mobilization at the commune level, and the Team Leader retains one copy.

d. Approving the ballot counting minutes.

In cases where the number of voters participating in the voting does not reach half of the voters listed in the voter list or violates the election regulations, a re-election must be organized. The date of the re-election is decided by the Chairman of the People's Committee of the commune, but no later than 15 days from the first election date. If the second election still fails to elect a Village Chief, the Chairman of the People's Committee of the commune will decide to appoint an interim Village Chief from among the officially nominated candidates until a new Village Chief is elected.

D. Recognizing the election results

Based on the Minutes of the Vote Counting Results and the Report on the Election Meeting Results of the Village Chief submitted by the election team, within no more than five working days, the Chairman of the People's Committee of the commune issues a Decision recognizing the elected Village Chief or deciding to hold another election. The officially recognized Village Chief begins operations upon receipt of the recognition decision from the Chairman of the People's Committee of the commune.

III. PROCEDURE FOR REVIEW

REMOVAL AND REMOVAL FROM OFFICE OF VILLAGE CHIEF

1. Procedure for Removal from Office of Village Chief

1.1. Cases of Removal from Office of Village Chief:

The Village Chief may be removed from office due to health reasons, family circumstances, or other reasons.

1.2. Procedures and Sequence for Removal from Office

a. The person requesting removal must submit a letter stating the reasons for requesting removal from the position of Village Chief to the Chairman of the People's Committee of the commune and the Head of the Mass Mobilization Working Group. In cases where the Village Chief is reassigned to other duties, there is no need for a request for removal.

b. The removal of the Village Chief is carried out in one of the following two forms:

- Organizing a voter meeting in the village or neighborhood to vote for removal. The procedures and steps for removal follow the procedure for removing the Village Chief as stipulated in points d, e, f, and h, subpoint 2.2, Section 2, Part III of this Circular.

||| The People's Committee Working Group convenes to examine and unify the decision on relieving the Village Head of duty and prepares a proposal for relieving the Village Head from duty along with the minutes of the People's Committee Working Group meeting to be sent to the Chairman of the Commune People's Committee.

||| c. Within the latest five days from the date of receipt of the aforementioned documents, the Chairman of the Commune People's Committee must examine and issue a decision to relieve the Village Head from duty.

||| The election of a new Village Head must be conducted within thirty days from the date the Chairman of the Commune People's Committee issues the decision to relieve the Village Head from duty.

||| 2. Procedure for Removing the Village Head:

||| 2.1. Cases for Removal

||| The Village Head may be removed if they are no longer trusted by the people, fail to fulfill their duties, violate the people's right to self-governance, engage in corruption, waste public funds, disobey the directives and management of the Commune People's Committee, or violate laws and regulations set forth by higher authorities, upon the initiative of the People's Committee Working Group.

||| 2.2. Procedures and Sequence for Removal.

||| a. A self-criticism report by the Village Head detailing their shortcomings, both subjective and objective reasons, and self-imposed disciplinary measures, to be submitted to the Chairman of the Commune People's Committee and the Head of the People's Committee Working Group.

||| b. The People's Committee Working Group convenes to vote on the trustworthiness of the Village Head following the guidelines of the Central Steering Committee of the Vietnam Fatherland Front (Notice No. 06 dated January 25, 2005).

||| c. If the trust vote is below fifty percent, the People's Committee Working Group prepares a document proposing the organization of a village voter meeting to consider removing the Village Head from office, along with the Minutes of the Trust Vote on the Village Head, to be sent to the Chairman of the Commune People's Committee and the Chairman of the Commune Fatherland Front Committee.

||| d. The Chairman of the Commune People's Committee bases on the proposal of the People's Committee Working Group to organize a secret ballot day for removing the Village Head from office and establishes a Removal Committee headed by the Head of the People's Committee Working Group, with members being representatives of the Party organization and some mass organizations such as Youth, Women, Farmers, Veterans, and Elderly of the village. The tasks of the Removal Committee apply those of the Village Head Election Committee. The composition of voters for removal applies that of voters for electing the Village Head.

||| đ. The removal process must be conducted through a secret ballot, with each ballot clearly indicating the name of the Village Head and stamped with the seal of the Commune Fatherland Front Committee. Voters who agree to remove the Village Head from office will draw a line through the name of that person. If they disagree with the removal, the ballot remains unchanged.

||| e. The establishment of the Counting Board, voting procedures, counting procedures, and the legal value of the removal ballots shall be carried out according to the provisions at Section C, Part II - Election Work in this Circular.

||| g. Within the latest five days from the date of receipt of the Minutes of the Counting Board and the report on the results of the removal ballot of the Village Head by the Head of the People's Committee Working Group, the Chairman of the Commune People's Committee must examine and issue a decision recognizing the results of the removal ballot of the Village Head.

||| The election of a new Village Head must be conducted within thirty days from the date the Chairman of the Commune People's Committee issues the decision recognizing the results of the removal.

IV. EFFECTIVE DATE OF IMPLEMENTATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

||| 2. During implementation, if there are difficulties requiring clarification or additional guidance, the People's Committees and the Fatherland Front Committees at the provincial level shall reflect these issues to the Ministry of Home Affairs and the Central Steering Committee of the Vietnam Fatherland Front for resolution.

||| 3. All levels of People's Committees, Departments of Home Affairs, the Standing Committees of the Fatherland Front Committees at all levels in localities, and the People's Committee Working Groups have the responsibility to implement this Circular.