The Lao Dong Newspaper Legal Consulting Office replied:
Clause 2, Article 5, Decree 33/2023/ND-CP stipulates: Commune-level civil servants specified in Clause 1, Article 2 of this Decree have the following titles:
a) Commander of the Military Command;
b) Office - statistics;
c) Land - construction - urban and environment (for wards and towns) or land - agriculture - construction and environment (for communes);
d) Finance - accounting;
d) Justice - civil status;
e) Culture - society.
Point b, Clause 1, Article 2 of Decree 178/2024/ND-CP On policies and regimes for cadres, civil servants, public employees, workers and armed forces in implementing the organizational arrangement of the political system stipulates that commune-level civil servants are one of the subjects of Decree 178/2024/ND-CP.
Article 4 of Decree 178/2024/ND-CP stipulates the following cases that have not been considered for resignation:
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.
Thus, commune-level civil servants who are subjects as prescribed in Article 4, Decree 178/2024/ND-CP will not be considered for resignation.
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