Are heads of residential groups entitled to leave under Decree 178

The Lao Dong Newspaper Legal Consulting Office replied:

Clause 2, Article 1 of Decree 67/2025/ND-CP amending and supplementing Article 2 of Decree 178/2024/ND-CP stipulates the subjects of application as follows:

Article 2. Subjects of application

1. Cadres, civil servants, public employees, and people working under labor contracts in agencies, organizations, and units specified in Article 1 of this Decree and armed forces are directly affected by the implementation of organizational restructuring and administrative unit restructuring at all levels (hereinafter referred to as organizational restructuring), including:

a) Civil servants and public employees who do not hold leadership or management positions;

b) Commune-level cadres and civil servants;

c) People working under labor contracts for certain types of jobs in administrative agencies and public service units as prescribed by 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, national defense officials and contract workers receiving salaries from the state budget 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;

g) Cadres, civil servants, and public employees in agencies, organizations, and units specified in Clause 1, Clause 2, Clause 3, and Clause 5, Article 1 of this Decree who wish to retire to facilitate the arrangement of the number of cadres, civil servants, and public employees in leadership and management according to the provisions of law in the implementation of the arrangement of the apparatus of the political system.

2. Cadres, civil servants, public employees, and workers receiving salaries from the state budget according to the provisions of law before January 15, 2019 and armed forces with at least 05 years left until the retirement age in agencies, organizations, and units specified in Article 1 of this Decree are not directly affected by the arrangement of the apparatus but must streamline the payroll, restructure, and improve the quality of cadres, civil servants, and public employees.

3. People working within the staffing quota and receiving salaries from the state budget at associations assigned by the Party and the State at the central, provincial and district levels are directly affected by the implementation of organizational arrangement, consolidation and consolidation.

4. Officers are not old enough to re-election and re-appointment specified in Clauses 1, 2 and 3, Article 2 of Decree No. 177/2024/ND-CP of December 31, 2024 of the Government stipulating regimes and policies for cases of non-re-election or re-appointment; Officials who are eligible for the age of re-election and re-appointment of the party committees of the same level, have a working time from the beginning of the meeting to organize the Congress from 2.5 years (30 months) to 5 years (60 months) to the retirement age as prescribed in Clause 4, Article 2 of Decree No. 177/2024/ND-CP and cadres who are participating in the Party committees at the Party committees must end the operation, consolidate the retirement of the retirement to the age of 60 months). facilitating the arrangement of personnel at the Party Congress at all levels to go to the XIV National Party Congress of the 14th Party and agreed by the competent authorities ”.

Clause 6, Article 33 of Decree 33/2023/ND-CP stipulates: Part-time workers in villages and residential groups with no more than 03 positions (including Party Cell Secretary, Village Head or Residential Group Head, Head of the Front Working Committee) are entitled to monthly allowances. In case the Law has other provisions, it shall be implemented according to the provisions of that law.

Thus, the Head of the Residential Group is not subject to Decree 178/2024/ND-CP.