Q&A 19Question: How is the dismissal and removal of a person holding a position elected by the People's Council at the commune level carried out?

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Delegates vote to pass the Law on Organization of Local Government at the 9th Session of the 15th National Assembly . Photo: Quang Khanh

Answer: The dismissal and removal of position holders elected by the People's Council at the commune level shall be carried out in accordance with the provisions of Clauses 3, 4, 5, 6, Article 37 of the Law on Organization of Local Government 2025.

Specifically, the People's Council at the commune level shall dismiss or remove the Chairman of the People's Council, Vice Chairman of the People's Council, and Head of the People's Committee at the commune level upon the proposal of the Standing Committee of the People's Council at the commune level; dismiss or remove the Chairman of the People's Committee at the same level upon the proposal of the Chairman of the People's Council; dismiss or remove the Vice Chairman of the People's Committee and member of the People's Committee at the same level upon the proposal of the Chairman of the People's Committee.

Cases of non-compliance with the dismissal and removal procedures include: being dismissed from office, resigning; being decided by a competent authority to retire; passing away; being decided by a competent authority to transfer; being dismissed due to violations of the law or not properly performing assigned duties and tasks. The Standing Committee of the Commune People's Council shall report to the Commune People's Council at the nearest session in cases of non-compliance with this dismissal procedure.

The results of the People's Council's dismissal or removal of the Chairman and Vice Chairman of the People's Council at the commune level must be approved by the Standing Committee of the Provincial People's Council. The results of the People's Council's dismissal or removal of the Chairman and Vice Chairman of the People's Committee at the commune level must be approved by the Chairman of the Provincial People's Committee.

Source: https://daibieunhandan.vn/hoi-dap-19-hoi-viec-mien-nhiem-bai-nhiem-doi-voi-nguoi-giu-chuc-vu-do-hdnd-cap-xa-bau-duoc-thuc-hien-nhu-the-nao-10391042.html