This Circular stipulates the regulations and policies for officers and non-commissioned officers of the People's Public Security when they retire, transfer to other sectors, or cease service in the People's Public Security; transferring to become workers or civil servants in the People's Public Security. The main contents include retirement conditions, methods of calculating pension, one-time separation allowance, time conversion for one-time allowance benefits, and other benefits upon transfer to become workers or civil servants in the People's Public Security.
适用范围
Officers and non-commissioned officers of the People's Public Security
要点
- Officers of the People's Public Security who retire will implement the monthly pension system when meeting the age and social insurance contribution period requirements.
- The monthly pension is calculated based on the number of years of social insurance contributions, seniority ratio, and average salary.
- Officers and non-commissioned officers of the People's Public Security who transfer to state agencies and units receiving state budget salaries are given priority in civil service examinations and salary classification according to regulations.
- One-time separation allowance is calculated by multiplying the number of working years with the current monthly salary.
- Officers and non-commissioned officers of the People's Public Security who retire or transfer to become workers or civil servants will implement a one-time allowance from the social insurance fund.
🌐 本文件的社会影响
- Creating opportunities for officers and non-commissioned officers of the People's Public Security to have multiple choices regarding retirement or sector transfer.
- Reducing financial burdens for the State through efficient use of state budget funds.
- Improving working conditions and enhancing the quality of civil servants and public officials in the People's Public Security.
❓ 常见问题
When can an officer of the People's Public Security retire?
Male at 55 years old, female at 50 years old, and having contributed to social insurance for at least 20 years; or other cases such as working in the sector for 15-20 years with particularly arduous labor conditions.
How is the monthly pension calculated?
The monthly pension is calculated based on the number of years of social insurance contributions, seniority ratio, and average salary. The maximum rate is 75% of the average salary.
Are officers of the People's Public Security given priority in civil service examinations when transferring to other sectors?
They are given priority by adding 10 points to their total examination results.
How is the one-time separation allowance calculated?
It is calculated by multiplying the number of working years with the current monthly salary. Working time is converted according to specific conditions.
Are officers of the People's Public Security entitled to a one-time allowance from the social insurance fund when they retire?
They are entitled to a one-time allowance from the social insurance fund, the amount of which is based on the social insurance contribution period and the average salary.
全文
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MINISTRY OF PUBLIC SECURITY - MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS - MINISTRY OF FINANCE - MINISTRY OF HOME AFFAIRS |
SOCIALIST REPUBLIC OF VIET NAM |
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No.: 01/2008/TTLT-BCA-BLDTBXH-BTC-BNV |
Hanoi, January 15, 2008 |
JOINT CIRCULAR
GUIDELINES FOR IMPLEMENTING REGULATIONS AND POLICIES FOR RETIREMENT, TRANSFER TO OTHER SECTORS, OR RESIGNATION FROM SERVICE OF PEOPLE'S POLICE OFFICERS AND NON-COMMISSIONED OFFICERS; TRANSITION OF PEOPLE'S POLICE OFFICERS AND NON-COMMISSIONED OFFICERS TO WORKERS AND CIVIL SERVANTS IN THE PEOPLE'S POLICE
Pursuant to Decree No. 43/2007/ND-CP dated December 26/3/2007 of the Government detailing and guiding the implementation of certain Articles of the Law on the People's Police Law (hereinafter referred to as Decree No. 43/2007/ND-CP);
Pursuant to Decree No. 68/2007/ND-CP dated December 19/4/2007 of the Government detailing and guiding the implementation of certain provisions of the Social Insurance Law regarding mandatory social insurance for military personnel, people's police officers, and civil servants enjoying benefits equivalent to those of military personnel and people's police officers (hereinafter referred to as Decree No. 68 Law The Ministry of Public Security, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Home Affairs provide guidelines for implementing regulations and policies for retirement, transfer to other sectors, or resignation from service of people's police officers and non-commissioned officers; transition of people's police officers and non-commissioned officers to workers and civil servants in the people's police as follows:/2007/ND-CP);
I. SCOPE OF APPLICATION
1. People's police officers who retire.
2. People's police officers and non-commissioned officers who transfer to other sectors.
3. People's police officers and non-commissioned officers who resign from service in the people's police without meeting the conditions for retirement or transfer to other sectors.
4. People's police officers and non-commissioned officers who transition to workers and civil servants in the people's police.
II. REGULATIONS AND POLICIES FOR RETIREMENT OF PEOPLE'S POLICE OFFICERS
1. Conditions for Retirement
People's police officers who cease working shall be entitled to monthly pension benefits when they fall under any of the following circumstances:
1.1. Male aged 55 years, female aged 50 years, and having contributed to social insurance for at least 20 years.
1.2. Male aged between 50 and 55 years, female aged between 45 and 50 years, and having contributed to social insurance for at least 20 years, including 15 years in heavy, hazardous, or dangerous work listed in the catalog issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health, or having worked for at least 15 years in areas with regional coefficients of 0.7 or higher.
1.3. Male with at least 25 years, female with at least 20 years of service in the people's police, and having contributed to social insurance as prescribed, including at least 5 years of seniority in their profession, if they have weak health, limited capacity, due to job requirements or voluntary resignation (irrespective of age).
Service time in the people's police includes time as officers, non-commissioned officers, soldiers, workers, civil servants in the people's police, students studying at people's police schools, or sent to study at external schools funded by the people's police. Service time in the people's police is calculated according to calendar years (without conversion based on coefficients), and interrupted periods not yet compensated (including discharge allowances) can be accumulated.
1.4. Infected with HIV/AIDS due to occupational accidents or risks while performing duties and having contributed to social insurance for at least 20 years (irrespective of age).
1.5. Reaching the maximum service age as stipulated in Clause 1 Article 8 of Decree No. 43/2007/NĐ-CP and having contributed to social insurance for at least 20 years./1.6. People's police officers who cease working and receive monthly pension benefits at a lower rate when they fall under any of the following circumstances:
a) Male aged 50 years, female aged 45 years, and having contributed to social insurance for at least 20 years, with a labor capacity reduction of 61% or more.
b) Having contributed to social insurance for at least 20 years, including at least 15 years in particularly heavy, hazardous, or dangerous work listed in the catalog issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health, with a labor capacity reduction of 61% or more (irrespective of age).
2. Calculation of Monthly Pension
2.1. People's police officers who cease working and receive monthly pension benefits as stipulated in Points 1.1, 1.2, 1.3, 1.4, and 1.5 of Clause 1 of this Section; the calculation of monthly pension benefits shall be carried out in accordance with Clause 1 Article 31 of Decree No. 68/2007/NĐ-CP, specifically as follows:
For 15 years of social insurance contributions, it is calculated as 45% of the average monthly salary paid for social insurance contributions; thereafter, each additional year of contribution adds 2% for males and 3% for females. The maximum monthly pension benefit is 75% of the average monthly salary paid for social insurance contributions.
Example 1: Comrade Nguyen Thi K (female), a worker in the police force since June
1983, was transferred to officer status in July
2001, with the rank of Major. Due to job requirements, her unit arranged for her to cease working from July/2007. Comrade K has 24 years and 2 months of service in the people's police (24 years and 2 months of social insurance contributions), thus meeting the conditions for receiving monthly pension benefits. The percentage of her monthly pension benefit is calculated as follows:/- The first 15 years are calculated at 45%./- From the 16th to the 24th year: 9 years x 3% per year = 27%.
Total is 72%.
2.2. People's police officers who cease working and receive monthly pension benefits at a lower rate as stipulated in Point 1.6 of Clause 1 of this Section; the calculation of monthly pension benefits shall be carried out as guided in Point 2.1 of this Clause but for each year of early retirement before the age of 55 for males, before the age of 50 for females (if under Subpoint a of Point 1.6 of Clause 1 of this Section) or before the age of 50 for males, 45 for females (if under Subpoint b of Point 1.6 of Clause 1 of this Section), the pension rate decreases by 1%. The minimum monthly pension benefit is equal to the national minimum wage.
Example 2: Comrade Le Van X, Lieutenant Colonel, born in March
1963, with 22 years and 8 months of social insurance contributions, including 16 years as a criminal investigator (classified as labor type V under Decision No. 44
LDTBXH-QD dated December 29/1997 of the Minister of Labor, Invalids and Social Affairs), with a labor capacity reduction of 63%, ceased working and received monthly pension benefits at a lower rate from July/2007. The percentage of his monthly pension benefit is calculated as follows:/01/- The percentage of the monthly pension benefit is calculated according to the guidance in Point 2.1 of this Clause; 22 years and 8 months of social insurance contributions are calculated at 61%./In 2007, the percentage of the monthly pension that Comrade X receives is calculated as follows:
- The percentage of the monthly pension is calculated according to the guidance provided in Point 2.1 of this Clause; for 22 years and 8 months of social insurance contributions, it is calculated at 61%.
- The percentage to be reduced for retiring before age 50 (Comrade X was born in March/1963, at the time of retirement, Comrade X turned 45 years old):
(50 years old - 45 years old) x 01% = 5%
The percentage of the monthly pension of Comrade X is:
61% - 5% = 56%.
2.3. The average monthly salary for social insurance contributions to calculate the pension of police officers shall be implemented according to the provisions of Article 34 of Decree No. 68/2007/NĐ-CP.
III. REGIME AND POLICY FOR POLICE OFFICERS AND NON-COMMISSIONED OFFICERS TRANSFERRING TO OTHER JOBS
1. Police officers and non-commissioned officers transferring to work in state agencies, political organizations, socio-political organizations receiving salaries from the state budget (hereinafter referred to as state agencies, units receiving salaries from the state budget) and state-owned companies (state-owned companies are those companies within the scope of applying the wage scale and allowance system prescribed in Decree No. 205/2004/NĐ-CP dated August/12/2004 of the Government) shall be implemented as follows:
1.1. Regarding exemption from examination and priority in examination
a) Exemption from examination includes the following cases:
- Former civil servants, public officials, and employees of state agencies transferred back to state agencies, units, and state-owned companies where they worked before being recruited into the People's Public Security;
- Transferred according to the requirements of state agencies with competent authority, arranged to work in accordance with their professional expertise.
b) If participating in the civil service examination, they will be given priority by adding 10 points to the total examination results.
1.2. The process of determining wages, retaining wages, and receiving wages for police officers and non-commissioned officers transferring to work in state agencies, units receiving salaries from the state budget, and state-owned companies shall be carried out according to the provisions of point d, Clause 1, Article 18 of Decree No. 43/2007/NĐ-CP of the Government. Specifically as follows:
a) Police officers and non-commissioned officers specializing in fields working at state agencies, units receiving salaries from the state budget, shall determine wages, retain wages, and receive wages according to the guidelines set forth in Circular Joint No. 06/2006/TTLT-BCA-BNV-BTC dated October/10/2006 of the Ministry of Public Security, the Ministry of Home Affairs, and the Ministry of Finance guiding the implementation of Decision No. 289/2005/QĐ-TTg dated August/11/2005 of the Prime Minister regarding wages and allowances for police officers and non-commissioned officers receiving salaries under the People's Public Security who have transferred jobs;
b) Police officers and non-commissioned officers transferring to work in state-owned companies shall be determined wages based on new job positions from the date of the transfer decision according to the principle: doing what job, getting paid for that job; holding what position, getting paid for that position. The basis for determining wages is based on assigned tasks; technical grade standards; professional qualification standards, company rank; and the wage scale and pay table applied according to the provisions of Decree No. 205/2004/NĐ-CP dated August/12/2004, Decree No. 141/2007/NĐ-CP dated May/9/2007 of the Government, specifically:
- If appointed to hold management positions (Chairman of the Board of Directors, specialized member of the Board of Directors, General Director, Director, Deputy General Director, Deputy Director, Chief Accountant), then the transfer of wage determination shall be carried out according to regulations for newly appointed managerial staff in state-owned companies as stipulated in point b, Clause 2, Section III of Circular Joint No. 23/2005/TTLT-BLDTBXH-BTC dated December/8/2005 of the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Finance, and stipulated in point b, Clause 1.2.1, Section II of Circular No. 19/2007/TT-BLDTBXH dated April/10/2007 of the Ministry of Labor, Invalids, and Social Affairs.
- If working as direct production workers, service workers, professional staff, administrative staff, or service staff, the transfer of wage determination shall be carried out according to regulations for workers transferring from other sectors to work in state-owned companies as stipulated in point b, Clause 1.1, Section II of Circular No. 19/2007/TT-BLDTBXH dated April/10/2007 of the Ministry of Labor, Invalids, and Social Affairs.
c) In case the new wage coefficient is lower than the old wage coefficient plus seniority allowance exceeding the ceiling (if applicable) before transferring, the difference between the old and new wage coefficients shall be retained for a minimum period of 18 months from the date of the transfer decision. During the period of enjoying the retained differential coefficient, if the wage grade is promoted, the retained differential coefficient shall be correspondingly reduced; if the wage coefficient is increased to or above the pre-transfer level, the retention of the differential coefficient shall cease from the date of promotion.
1.3. In case of being reassigned to serve again in the People's Public Security, the working time at state agencies, units receiving salaries from the state budget outside the People's Public Security shall be counted towards continuous working time for consideration of promotion in rank or wage increase.
Example 3: Comrade Pham Van C, Major, Deputy Chief of Public Security of a district, joined the People's Public Security in May/1980. In June/2002, Comrade C had a decision to transfer to the People's Committee of a district. In July/2007, Comrade C was reassigned to work in the People's Public Security holding the position of Head of the Provincial Public Security Department. Therefore: The working time at the People's Committee of the district (from June/2002 to June/2007) of Comrade C shall be counted towards continuous working time, if Comrade C meets the conditions and criteria stipulated, he may be considered for promotion to Senior Major.
1.4. Calculation of the monthly pension for police officers and non-commissioned officers transferring to other jobs shall be implemented according to the provisions of Clause 7, Article 34 of Decree No. 68/2007/NĐ-CP, specifically as follows:
a) The average monthly salary for social insurance contributions at the time of retirement, plus the seniority allowance (if already received) calculated based on the working time in the People's Public Security of the officer's or non-commissioned officer's salary at the time of transfer. When calculating this average monthly salary, it shall be adjusted according to the wage regulations stipulated in Decree No. 204/2004/NĐ-CP dated August/12/2004 of the Government and the general minimum wage regulations at the time of receiving the pension or one-time social insurance benefit.
Example 4: Comrade Nguyen Van T, born in September/1947, Lieutenant Colonel, with 14 years and 10 months of seniority, transferred to work as a prosecutor at the People's Procuracy of Hanoi City, retired and received retirement benefits from January/10/As of 2007, the total social insurance contribution period is 38 years. Comrade T's salary progression for the last five years before retirement is as follows:
- From October/2002 to September/2005 = 36 months with the old salary coefficient of 5.18 converted to the new salary coefficient of 6.44:
450,000 VND/per month x 6.44 x 36 months = 104,328,000 VND
- From October/From September/2005 to September
450,000 VND/2007 = 24 months with the new salary coefficient of 6.78:
450,000 VND
|
per month x 6.78 x 24 months = 73,224,000 VND |
- The average monthly salary for the last five years before retirement: |
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60 months |
104,328,000 VND + 73,224,000 VND
= 2,959,200 VND/month/- The seniority allowance of Comrade T at the time of transferring departments is added to the average monthly salary for social insurance contributions as the basis for calculating the pension as follows:
450,000 VND/Major has a salary coefficient (according to the salary system at the time of October/the
2007) of 5.40:
450,000 VND/per month x 5.40 x 14% = 340,200 VND/- The average monthly salary for social insurance contributions as the basis for calculating the pension of Comrade T is:/the
2,959,200 VND
per month + 340,200 VND/per month = 3,299,400 VND/- The monthly pension of Comrade T is:
3,299,400 VND/2004/NĐ-CP dated August/12/per month x 75% = 2,474,550 VND
per month./b) In cases where the calculated pension according to paragraph a of this point is lower than the pension calculated based on the average monthly salary for social insurance contributions of officers and non-commissioned officers at the time of transferring departments, then the monthly salary for social insurance contributions at the time of transferring departments shall be converted according to the salary system stipulated in Decree No. 204/2004 of the Government and the general minimum wage level at the time of retirement to serve as the basis for calculating the pension./Example 5: Comrade Le Van A, born in April
- Before transferring jobs:
1948, former Captain, with 20 years and 7 months of seniority, transferred to work as a Judge of Dong Anh District Court, Hanoi City in August/1995, retired in April/2008. Comrade A's average monthly salary for social insurance contributions for the last five years before transferring departments and before retirement is as follows:
450,000 VND/+ From September
1990 to July/1994 = 47 months, Major, old salary coefficient 4.15 converted to new salary coefficient 5.40; seniority 19%:/450,000 VND
450,000 VND/per month x 5.40 x 1.19 x 47 months = 135,909,900 VND
+ From August
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1994 to August |
1995 = 13 months, Captain, old salary coefficient 4.80, converted to new salary coefficient 6.0; seniority 20%: |
|
60 months |
450,000 VND
per month x 6.00 x 1.20 x 13 months = 42,120,000 VND/- The monthly pension of Comrade T is:
- Average monthly salary for social insurance contributions before transferring departments:
450,000 VND/135,909,900 VND/month + 42,120,000 VND/month/- The monthly pension of Comrade T is:
= 2,967,165 VND/month/- Average monthly salary for social insurance contributions before retirement:/+ The average monthly salary for social insurance contributions before retirement of Comrade A is: 1,933,909 VND/- The monthly pension of Comrade T is:
+ Seniority allowance before transferring departments, converted according to the new salary system is:/450,000 VND
per month x 6.0 x 20% = 540,000 VND
Total: 1,933,909 VND
per month + 540,000 VND/2006/per month = 2,473,909 VND/12/Therefore, the average monthly salary for social insurance contributions serving as the basis for calculating the pension at the time of retirement is lower than the average monthly salary for social insurance contributions at the time of transferring departments. Thus, Comrade A will use the average monthly salary for social insurance contributions at the time of transferring departments (2,967,165 VND Law per month) as the basis for calculating the pension. 1. The Legal Affairs Department shall be the focal point, coordinating with relevant units to advise and assist the Minister in monitoring the implementation of legal normative documents within the scope of the Ministry of Industry and Trade's management; drafting and submitting to the Minister for issuance a plan to monitor the implementation of legal normative documents of the Ministry of Industry and Trade within fifteen days from the date the Prime Minister issues the central and inter-sectoral plan, to be sent to the Ministry of Justice for monitoring and consolidation; preparing annual reports on the organization of legal implementation to be submitted to the Minister for consolidation by the Ministry of Justice. currently in force.
2. Officers and non-commissioned officers who transfer to work at companies, enterprises, agencies, units not receiving salaries from the state budget (except as provided in Clause 1 of this Section) shall enjoy the following benefits:
2.1. Receive a one-time separation allowance from the state budget according to Clause 3, Article 19 of Decree No. 43/2007/NĐ-CP and guidance in Clause 2 of Section IV of this Circular.
2.2. Receive a one-time allowance from the social insurance fund according to Article 32 of Decree No. 68/2007/NĐ-CP. If they voluntarily choose not to receive the allowance from the social insurance fund, their social insurance contribution period prior to transferring departments will be preserved, confirmed by the Social Insurance Agency of the People's Public Security in their social insurance book before transferring out of the People's Public Security, and they will implement social insurance benefits according to Decree No. 152
NĐ-CP dated 22
2006 of the Government guiding some provisions of
social insurance regarding mandatory social insurance and other regulations of
IV. POLICIES FOR OFFICERS AND NON-COMMISSIONED OFFICERS OF THE PEOPLE'S PUBLIC SECURITY WHO ARE DISCHARGED FROM SERVICE IN THE PEOPLE'S PUBLIC SECURITY WITHOUT MEETING RETIREMENT CONDITIONS OR TRANSFERRING DEPARTMENTS
1. Employment creation subsidy, vocational training subsidy
1.1. Employment creation subsidy equivalent to six months of the national minimum wage as stipulated by the Government at the time of discharge.
1.2. If they wish to undergo vocational training or seek employment, the unit or the People's Public Security at the district level and equivalent (where the officer or non-commissioned officer resides) shall have the responsibility to introduce them to vocational training centers of various ministries, sectors, mass organizations, localities, and other economic and social organizations to undergo vocational training or seek employment.
Vocational training centers of various ministries, sectors, mass organizations, localities, and other economic and social organizations shall have the responsibility to prioritize the acceptance of discharged officers and non-commissioned officers for vocational training or job placement.
1.3. If they wish and meet the conditions for priority registration for overseas labor dispatch under agreements between the Minister of Public Security and the Minister of Labor, Invalids and Social Affairs./2. One-time discharge allowance
The one-time discharge allowance is calculated by multiplying the actual years of service (calculated in calendar years without conversion) by one month's current salary and allowances (if any).
2.2. The lump-sum separation allowance salary includes: Rank-based salary or grade-based salary, and allowances for position, occupational seniority, seniority beyond the quota, and retained differential coefficient (if applicable) currently enjoyed at the time of separation.
Example 6: Comrade Nguyen Van M worked at the People's Committee of County T from May 1990 to June 1995, joined the People's Public Security in July 1995, and was separated on January 1, 2007 with the rank of Major (base salary rate: 5.4). Comrade M's lump-sum separation allowance is calculated as follows:/From 1990 to June/1995, joined the People's Public Security in July/1995, discharged on January/8/2007 with the rank of Major (HSL: 5.4). The one-time discharge allowance for Comrade M is calculated as follows:
- Actual working period of Comrade M (from May 2007) is 17 years and 03 months, which is counted as 17.5 months for the purpose of receiving the allowance./1995, retired in April/As of 2007, the actual period of service is 17 years and 03 months, which is calculated as 17.5 months for the allowance.
- Salary of Comrade M:
+ Major's salary: 450,000 VND/month x 5.4 = 2,430,000 VND/month/+ Occupational seniority allowance: 2,430,000 VND/month x 12% = 291,600 VND/month/the
Total = 2,721,600 VND/month/the
Total = VND 2,721,600/the
- Lump-sum separation allowance:
2,721,600 VND/month x 17.5 months = 47,628,000 VND./3. To be provided with travel expenses (ordinary type according to the regulations of the Ministry of Finance) from the unit back to the place of residence.
4. In addition to the above benefits, officers and non-commissioned officers upon separation also receive a one-time allowance from the social insurance fund as stipulated in Article 32 of Decree No. 68/2007/NĐ-CP. The amount of the one-time social insurance allowance is calculated based on the duration of social insurance contributions and the average monthly salary paid for social insurance: For each year of social insurance contribution, the allowance is equivalent to 1.5 months of the average monthly salary paid for social insurance.
5. Officers and non-commissioned officers who return to their localities within one year (no more than 12 months) from the effective date of the separation decision, if they find new employment and request a change of profession:
a) In the case of transferring to an agency or unit receiving salary from the state budget, state-owned companies as stipulated in Clause 1, Section III of this Circular, the head of the former unit shall recover the separation decision and issue a transfer decision (in accordance with the current cadre management hierarchy of the Ministry of Public Security). When issuing the transfer decision, the former unit must recover the one-time separation allowance stipulated in Clause 2 of this Section and return it to the state budget, and pay the one-time social insurance allowance stipulated in Clause 4 of this Section to the Social Insurance Office of the Public Security Force to refund the social insurance fund and request confirmation from the Social Insurance Office of the Public Security Force in the social insurance book;
b) In the case of transferring to work at other companies, enterprises, agencies, or units not receiving salary from the state budget as stipulated in Clause 2, Section III of this Circular; if there is a desire to continue the time period of social insurance participation before separation, the former unit shall recover the one-time social insurance allowance stipulated in Clause 4 of this Section and pay it to the Social Insurance Office of the Public Security Force to refund the social insurance fund and request confirmation from the Social Insurance Office of the Public Security Force in the social insurance book.
V. CONVERSION OF TIME FOR CALCULATING ONE-TIME ALLOWANCE WHEN OFFICERS RETIRE, TRANSFER PROFESSIONS, OR RESIGN FROM PUBLIC SECURITY SERVICE
1. Conditions and conversion rates
1.1. Public Security officers working in areas or jobs with special characteristics are entitled to convert that time for calculating one-time allowance benefits when retiring, transferring professions, or resigning from public security service as follows:
a) Time spent working in areas with a special area allowance of 100% or performing special jobs classified as particularly arduous, toxic, and dangerous labor (Class V, VI) according to the list of occupations and jobs of the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Health will be converted at a rate of 1 year equals 1 year and 4 months;
b) Time spent working in areas with a regional allowance coefficient of 0.7 or higher or performing special jobs classified as arduous, toxic, and dangerous labor (Class IV) according to the list of occupations and jobs of the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Health will be converted at a rate of 1 year equals 1 year and 2 months.
1.2. Public Security officers who have served in the People's Army will have their military service time converted according to the regulations on benefits and policies for officers leaving active duty in the Army; officers transferring to professional soldiers or becoming defense civil servants.
1.3. In cases where the same period of service meets two or three of the conditions mentioned above, only the condition with the highest conversion rate will be applied. If the converted service time is interrupted, it will be accumulated to calculate the additional time.
2. Method of converting time
2.1. The time for conversion according to the conditions specified in Clause 1 of this Section is the time worked in the Public Security Service or the People's Army (if applicable) that has not yet been converted for one-time allowance benefits.
2.2. Time spent working in areas previously without special allowances but now defined by competent authorities as having a special area allowance of 100% or a regional allowance coefficient of 0.7 or higher will be considered as converted working time.
2.3. Time spent working in areas previously defined as having a special area allowance of 100% or a regional allowance coefficient of 0.7 or higher (meeting the conversion criteria), but later redefined as having a special area allowance below 100% or a regional allowance coefficient below 0.7 (not meeting the conversion criteria), the time worked in those areas prior to the new regulation will be considered as converted working time.
2.4. Time spent working in jobs or occupations that are now defined as arduous, toxic, and dangerous or particularly arduous, toxic, and dangerous will be implemented according to the provisions of Point 2, Section II of Circular No. 11/LDTBXH-TT dated July 1997 of the Ministry of Labor, Invalids, and Social Affairs to determine the converted working time.
3. Calculation of one-time allowance for additional time due to conversion/4/3.1. Allowance rate: For each additional year (12 months) due to conversion, the allowance is equivalent to one month of salary and allowances (if any) at the time the officer retires, transfers professions, or resigns from the Public Security Service.
Additional time due to conversion, if it includes partial months, will be handled according to the guidance in Point 2.1, Clause 2, Section IV of this Circular.
3.1. Level of Allowance: For each additional year (12 months) resulting from conversion, an allowance equal to one month's salary and allowances (if any) at the time the officer retires, transfers to another profession, or ceases service in the People's Public Security is granted.
Any additional time due to conversion, if there are fractional months, shall be implemented according to the guidance provided in Point 2.1 of Clause 2, Section IV of this Circular.
3.2. The salary and allowances for calculating the one-time allowance include the rank-based salary, grade-based salary, level-based salary, and various allowances such as position allowance, years-of-service allowance, allowance for exceeding the framework, and retention coefficient allowance (if any) at the time the officer retires, transfers to another field, or ceases service in the People's Public Security.
Example 7: Comrade Tran Van H, Senior Lieutenant, retired in May 2007 with actual working time of 35 years and 1 month. Among which, there were 3 years as a soldier participating in combat in the South (from May 1975); transferred to the People's Public Security from May 1975, with 20 years as a criminal investigator (from May 1995). The converted time for Comrade H is calculated as follows:/As of 2007, the actual period of service is 35 years and 01 month. Among these, there are 03 years as a soldier participating in combat in the South (from May/1972 - 4/1975); transferred to the People's Public Security from May/1975, with 20 years as a criminal investigator (from May/1975 - 4/1995). The converted service time for Comrade H is calculated as follows:
- 3 years of combat in the South (as stipulated in Decree No. 04/2001/ND-CP dated December 16, 2001 of the Government), each year adds 6 months: 3 x 6 months = 18 months./2001/According to Decree No. 249/2001/ND-CP of the Government, each additional year adds 6 months: 3 x 6 months = 18 months./01/According to Decision No. 119/1997/QĐ-BLĐTBXH of the Minister of Labor, War Invalids and Social Affairs, each additional year adds 4 months: 20 x 4 months = 80 months.
- 20 years as a criminal investigator (classified as labor type V according to Decision No. 44/1997 of the Minister of Labor, Invalids and Social Affairs), each year adds 4 months: 20 x 4 months = 80 months./2007. The percentage of his monthly pension benefit is calculated as follows:/01/5. This Circular takes effect 15 days after its publication in the Official Gazette.
The total additional time for Comrade H is:
18 months + 80 months = 98 months = 8 years and 2 months.
The one-time allowance for the additional time due to conversion when Comrade H retires is:
+ Salary being enjoyed before retirement:
450,000 VND/month x 7.3 x 1.35 (TNN) = 4,434,750 dong./- The monthly pension of Comrade T is:
+ One-time allowance:
4,434,750 dong/month x 8 years = 35,478,000 dong.
VI. REGIME AND POLICY FOR OFFICERS AND NON-COMMISSIONED OFFICERS OF THE PEOPLE'S PUBLIC SECURITY TRANSFERRING TO BECOME WORKERS AND CIVIL SERVANTS OF THE PEOPLE'S PUBLIC SECURITY
1. Regarding transfer and reclassification of salary
Officers and non-commissioned officers of the People's Public Security who are transferred to become workers and civil servants of the People's Public Security shall be classified according to their new job positions.
In cases where the salary coefficient of the new job position is lower than the salary coefficient of the officer or non-commissioned officer at the time of transfer, the difference between the salary coefficient of the officer or non-commissioned officer and the new salary coefficient shall be retained until the salary is increased to the same level or higher.
2. Regarding the one-time allowance for the additional time due to conversion
Officers transferring to become workers and civil servants of the People's Public Security shall implement the regime of one-time allowance for the additional time due to conversion as prescribed in Section V of this Circular. In cases where they are reassigned back to the officer category, the converted time previously counted for the one-time allowance shall not be counted again.
3. When officers and non-commissioned officers transferring to become workers and civil servants of the People's Public Security retire, they shall implement the calculation method of pension as guided in Point 1.4 Clause 1 Section III of this Circular.
VII. SOURCE OF FUNDS TO ENSURE IMPLEMENTATION
1. State budget ensures:
- Employment creation allowance, travel expenses, one-time separation allowance as prescribed in Clauses 1, 2, and 3 of Section IV of this Circular;
- Payment for training and payment for the difference due to retaining the salary of officers and non-commissioned officers transferring to agencies and units funded by the state budget;
- One-time payment for the converted time as prescribed in Section V of this Circular;
- Payment for the difference due to retaining the salary of officers and non-commissioned officers transferring to become workers and civil servants of the People's Public Security.
The funds for implementing the above regimes and policies shall be allocated in the annual state budget plan assigned to ministries, agencies equivalent to ministries, government agencies, political organizations, and political-social organizations funded by the state budget.
2. State-owned enterprises ensure:
- Payment for the difference due to retaining the salary;
- Training costs for officers and non-commissioned officers after transferring to state-owned enterprises.
The funds for ensuring the above shall be accounted for in product cost or business expenses.
3. Social Insurance Fund ensures:
- Pension and one-time allowance upon retirement;
- One-time social insurance allowance as prescribed by the 1. The Legal Affairs Department shall be the focal point, coordinating with relevant units to advise and assist the Minister in monitoring the implementation of legal normative documents within the scope of the Ministry of Industry and Trade's management; drafting and submitting to the Minister for issuance a plan to monitor the implementation of legal normative documents of the Ministry of Industry and Trade within fifteen days from the date the Prime Minister issues the central and inter-sectoral plan, to be sent to the Ministry of Justice for monitoring and consolidation; preparing annual reports on the organization of legal implementation to be submitted to the Minister for consolidation by the Ministry of Justice. social insurance regulations.
VIII. ORGANIZATION AND IMPLEMENTATION
1. Officers and non-commissioned officers of the People's Public Security who have transferred fields or transferred to become workers and civil servants of the People's Public Security and retire after the effective date of Decree No. 43/2007/ND-CP of the Government shall implement the pension calculation method prescribed in Point 1.4 Clause 1 Section III of this Circular./2007/ND-CP dated December 26/3/2. Units directly managing officers and non-commissioned officers of the People's Public Security are responsible for fully and promptly resolving all regimes and policies prescribed in this Circular before the officers and non-commissioned officers retire, transfer fields, or cease service in the People's Public Security.
3. Procedures and files for enjoying retirement benefits and one-time social insurance allowance for officers and non-commissioned officers of the People's Public Security as prescribed in this Circular shall be implemented in accordance with current social insurance regulations.
Files for enjoying employment creation allowance, one-time separation allowance, one-time allowance for the additional time due to conversion, and transfer to become workers and civil servants of the People's Public Security shall be implemented in accordance with the guidance of the Ministry of Public Security. Law 4. Regimes and policies for officers and non-commissioned officers of the People's Public Security when retiring, transferring fields, or ceasing service in the People's Public Security; transferring to become workers and civil servants of the People's Public Security, and converting time to enjoy one-time allowance when officers retire, transfer fields, or cease service in the People's Public Security shall be implemented from the effective date of Decree No. 43/2007/ND-CP (May 30).
This Circular shall take effect 15 days after its publication in the Official Gazette.
Any regimes and policies applied to officers and non-commissioned officers of the People's Public Security when retiring, transferring fields, or ceasing service in the People's Public Security, transferring to become workers and civil servants of the People's Public Security that contradict this Circular shall be abolished./2007/During implementation, if there are any difficulties, please reflect them to the relevant ministries (through the Ministry of Public Security) for research and resolution./4/2007).
All regulations and policies applied to officers and non-commissioned officers of the People's Public Security when retiring, transferring to another profession, or ceasing service in the People's Public Security, and transferring to become workers or civil servants in the People's Public Security contrary to this Circular shall be abolished.
During implementation, if there are any difficulties, please report them to the relevant ministries (through the Ministry of Public Security) for study and resolution.
During implementation, if any difficulties arise, they should be reported to the inter-ministerial body (through the Ministry of Public Security) for study and resolution./.
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DEPUTY MINISTER OF LABOR, INVALIDS AND SOCIAL AFFAIRS |
Lieutenant General Le Quoc Hung |
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SIGNATURE OF THE MINISTER OF HOME AFFAIRS |
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT |
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