Youme Law Firm LLC said that according to Article 4 of Decree 178/2024/ND-CP, it is stipulated that:
Cases that have not been considered for termination
1. The subjects specified in Clause 1, Article 2 of this Decree are women who are pregnant, on maternity leave, or raising children under 36 months old, except for cases where individuals voluntarily resign.
2. Those who are under disciplinary review or criminal prosecution or are being inspected or examined for signs of violations.
Referring to Article 2 of Decree 178/2024/ND-CP, it is stipulated that:
Subjects of application
1. Cadres, civil servants, public employees, and people working under labor contracts in agencies, organizations, units and armed forces due to the reorganization of the apparatus and administrative units at all levels (hereinafter referred to as the reorganization of the apparatus) as prescribed in Article 1 of this Decree, including:
a) Cadres, civil servants, public employees in leadership, management and civil servants, public employees;
b) Commune-level cadres and civil servants;
c) People working under labor contracts according to the provisions of labor law before January 15, 2019 and people working under labor contracts are subject to the same policy as civil servants (hereinafter referred to as employees);
d) Officers, professional soldiers, workers and defense officials of the Vietnam People's Army;
d) Officers, non-commissioned officers receiving salaries, police workers and contract workers receiving salaries from the State budget under the People's Public Security;
e) People working in key organizations.
2. Cadres who are not eligible for re-election or reappointment to hold positions and titles according to their terms in agencies of the Communist Party of Vietnam, the State, socio-political organizations and cadres who resign at will shall comply with the provisions of other Decrees of the Government.
Thus, the subjects of commune-level civil servants who are not eligible for resignation include:
- Commune-level civil servants who are female and pregnant, on maternity leave, or raising children under 36 months old, except for cases where individuals voluntarily resign.
- Commune-level civil servants and public employees who are undergoing disciplinary review or criminal prosecution or are being inspected or examined for signs of violations.
