Cases where you have not been laid off during the restructuring process

Lao Dong Newspaper Legal Consulting Office replied:

Article 4 of Decree 178/2024/ND-CP dated December 31, 2024 "On policies and regimes for cadres, civil servants, public employees, workers and armed forces in the implementation of organizational arrangement of the political system" stipulates the following cases of not considering 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 in cases where individuals voluntarily quit their jobs.

2. Those who are under disciplinary review or criminal prosecution or are being inspected or examined due to signs of violations. Thus, the principles for implementing policies and regimes when arranging the apparatus are stipulated as above.

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

1. Cadres, civil servants, public employees, and people working under labor contracts in agencies, organizations, units, and armed forces subject to organizational arrangements and administrative units at all levels (hereinafter referred to as organizational arrangements) as prescribed in Article 1 of this Decree, including:

a) Cadres, civil servants, leaders, managers and civil servants;

b) Commune-level officials 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 policies like 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 belonging to the People's Public Security;

e) People working in key organizations.

Thus, the above cases have not been laid off during the restructuring.