The Lao Dong Newspaper Legal Consulting Office replied:
The Chairman of the Commune People's Committee is a title of commune-level cadres as prescribed in Clause 1, Article 5, Decree 33/2023/ND-CP.
Point b, Clause 1, Article 2 of Decree 178/2024/ND-CP stipulates that commune-level cadres are an application of this decree.
Article 9 of Decree 178/2024/ND-CP stipulates the policy on resignation for commune-level cadres as follows:
Civil servants who are at least 02 years old and have reached the retirement age specified in Appendix I and Appendix II issued with Decree No. 135/2020/ND-CP and are not eligible for the early retirement policy specified in Article 7 of this Decree, if they retire, will enjoy the following benefits:
1. Receive severance pay:
a) For those who quit their jobs within the first 12 months from the date of the decision to reorganize the apparatus by the competent authority, they will receive a subsidy equal to 0.8 months of current salary multiplied by the number of months for which the severance allowance is calculated.
b) For those who quit their jobs from the 13th month onwards from the date of the decision to reorganize the apparatus by the competent authority, they will receive 0.4 months of current salary multiplied by the number of months for which the severance allowance is calculated.
2. Receive a subsidy of 1.5 months of current salary for each year of work with compulsory social insurance contributions.
3. Receive social insurance payment period reserved or receive one-time social insurance according to the provisions of the law on social insurance.
4. Receive a subsidy of 03 months of current salary to find a job.
Thus, the Chairman of the Commune People's Committee who quits his/her employment under Decree 178/2024/ND-CP will enjoy the above policies.
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