Staff streamlining and then going back to work, is it necessary to refund allowances?
Reader huynhchoixxx@gmail asks: Is it necessary for people subject to staff reduction to return to work if they receive the received allowance?
Legal Consulting Department of Lao Dong Newspaper answers:
According to the provisions of Decree 178/2024/ND-CP on policies and regimes for cadres, civil servants, public employees, laborers and armed forces in implementing the arrangement of the organizational structure of the political system and Decree 67/2025/ND-CP (amending and supplementing a number of articles of Decree 178/2024/ND-CP), the law does not mention that people who have received allowances when implementing the arrangement of the organizational structure of the political system must return the allowance when returning to work.
Clause 6, Article 3 of Decree 154/2025/ND-CP stipulating staff streamlining stipulates this case as follows: Staff streamlining subjects who are elected or re-recruited into agencies, organizations, and units receiving salaries from the state budget or arranged as non-specialized personnel in villages and residential groups within 60 months from the date of staff streamlining, must return the received allowance amount to the agency, organization, or unit that has paid the allowance.
Thus, only those who have received benefits according to Decree 154/2025/ND-CP, if they are recruited, re-elected or arranged to work in agencies, organizations, and units receiving salaries from the state budget within 60 months (5 years) from the date of staff reduction, must return the received allowance amount.
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