Joint Circular No. 01/2008/TTLT/BCA-BLDTBXH-BTC-BNV guiding the implementation of regulations and policies for police officers and non-commissioned officers of the People's Public Security retiring, transferring to other sectors, or ceasing service in the People's Public Security; transferring to become workers or civil servants of the People's Public Security.

JOINT CIRCULAR

Guidelines for implementing the regime and policies for police officers and non-commissioned officers of the People's Public Security retiring and transferring to other sectors, or ceasing service in the People's Public Security. People's Police officers retiring and transferring to another sector, or ceasing service in the People's Police; workers and civil servants of the People's Police;

Police officers and non-commissioned officers of the People's Public Security transferring to workers and civil servants of the People's Public Security. The one-time discharge allowance is calculated by multiplying the actual years of service counted according to the Gregorian calendar (without conversion) by one month of current salary and allowances (if any).

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Pursuant to Decree No. 43/2007/NĐ-CP dated March 26, 2007 of the Government detailing and guiding the implementation of certain Articles of the Law on Public Security (hereinafter referred to as Decree No. 43/2007/NĐ-CP);

Pursuant to Decree No. 68/2007/NĐ-CP dated April 19, 2007 of the Government detailing and guiding the implementation of certain provisions of the Social Insurance Law regarding mandatory social insurance for military personnel, public security officers, and personnel engaged in confidential work with salaries equivalent to those of military personnel and public security officers (hereinafter referred to as Decree No. 68/2007/NĐ-CP);

The Ministry of Public Security, the Ministry of Labor - War Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Home Affairs provide guidelines for implementing the regime and policies for police officers and non-commissioned officers of the People's Public Security who retire, transfer to other sectors, or cease service in the People's Public Security; and police officers and non-commissioned officers of the People's Public Security transferring to workers and civil servants of the People's Public Security as follows:

I. SCOPE OF APPLICATION

1. Police officers of the People's Public Security who retire.

2. Police officers and non-commissioned officers of the People's Public Security who transfer to other sectors.

3. Police officers and non-commissioned officers of the People's Public Security who cease service in the People's Public Security without meeting the conditions for retirement or transfer to another sector.

4. Police officers and non-commissioned officers of the People's Public Security who transfer to workers and civil servants of the People's Public Security.

II. REGIME AND POLICIES FOR RETIRED POLICE OFFICERS OF THE PEOPLE'S PUBLIC SECURITY

1. Conditions for Retirement

Police officers of the People's Public Security who stop working shall be entitled to monthly pension benefits when they fall under one of the following circumstances:

1.1. Male aged 55 years, female aged 50 years, and having paid 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 paid social insurance for at least 20 years, including 15 years in occupations or jobs classified as heavy, hazardous, or dangerous according to the list issued by the Ministry of Labor - War 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 Public Security, and having paid social insurance as prescribed, including at least 5 years of occupational seniority, if their health is poor, their capacity is limited, due to work requirements or voluntary resignation (irrespective of age).

Service time in the People's Public Security includes time as police officers, non-commissioned officers, soldiers, workers, civil servants of the People's Public Security, and study time at public security schools or other schools funded by the People's Public Security. Service time in the People's Public Security is calculated based on calendar years (without conversion according to coefficients), and if there are intermittent periods without receiving lump-sum allowances (including discharge allowances), such periods can be accumulated.

1.4. Infected with HIV/AIDS due to occupational accidents while performing duties and having paid 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 paid social insurance for at least 20 years.

1.6. Police officers of the People's Public Security who stop working and receive a lower monthly pension when they fall under one of the following circumstances:

a) Male aged 50 years, female aged 45 years, and having paid social insurance for at least 20 years, with a labor capacity reduction of 61% or more.

b) Having paid social insurance for at least 20 years, including at least 15 years in occupations or jobs classified as particularly heavy, hazardous, or dangerous according to the list issued by the Ministry of Labor - War 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. Police officers of the People's Public Security who stop 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 is carried out according to 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 for social insurance contributions; thereafter, each additional year of contribution adds 2% for males and 3% for females. The maximum monthly pension is 75% of the average monthly salary for social insurance contributions.

Example 1: Comrade Nguyen Thi K (female), a worker in the Public Security from June 1983, was transferred to the rank of police officer in July 2001, with the rank of Senior Lieutenant. Due to work requirements, her unit arranged for her to stop working from July 2007. Comrade K has 24 years and 2 months of service in the People's Public Security (24 years and 2 months of social insurance contributions), thus meeting the conditions for monthly pension benefits. The percentage of her monthly pension 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. Police officers of the People's Public Security who stop working and receive a lower monthly pension as stipulated in Point 1.6 of Clause 1 of this Section; the calculation of monthly pension is carried out as directed in Point 2.1 of this Clause but for each year of early retirement before the age of 55 for males and 50 for females (if falling under Subpoint a of Point 1.6 of Clause 1 of this Section) or before the age of 50 for males and 45 for females (if falling under Subpoint b of Point 1.6 of Clause 1 of this Section), the pension rate decreases by 1%. The minimum monthly pension is equal to the general minimum wage.

Example 2: Comrade Le Van X, Major, 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 according to Decision No. 44/LĐTBXH-QĐ dated January 29, 1997 of the Minister of Labor - War Invalids and Social Affairs), with a labor capacity reduction of 63%, stopped working and received a lower monthly pension from July 2007. The percentage of his monthly pension is calculated as follows:

- The percentage of monthly pension 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%.

The percentage to be reduced due to retirement before the age of 50 (Comrade X was born in March 1963, at the time of retirement, Comrade X turned 45 years old):

(50 years - 45 years) x 01% = 5%

The percentage of the monthly pension of Comrade X is:

61% - 5% = 56%.

2.3. The average monthly salary for calculating the pension of police officers under the People's Public Security Forces shall be implemented according to the provisions of Article 34 of Decree No. 68/2007/ND-CP.

III. REGIME AND POLICY FOR OFFICERS, NON-COMMISSIONED OFFICERS OF THE PEOPLE'S PUBLIC SECURITY FORCES TRANSFERRING TO OTHER JOBS

1. Officers and non-commissioned officers transferring to work within the establishment of state agencies, political organizations, political-social 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 December 14, 2004 of the Government) shall implement the following regimes:

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 the state who were transferred back to state agencies, units, and state-owned companies where they worked before being recruited into the People's Public Security Forces;

- Transferred according to the requirements of state agencies and units with authority, arranged to work in accordance with their professional expertise.

b) If participating in the civil service examination, they will be given an additional 10 points added to the total examination results.

1.2. The ranking of wages, retention of wages, and receipt of wages for officers and non-commissioned officers transferring to work within the establishment of state agencies, units receiving salaries from the state budget, and state-owned companies shall be implemented 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) Officers and non-commissioned officers specializing in fields working at state agencies, units receiving salaries from the state budget, shall rank wages, retain wages, and receive wages according to the guidance provided 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 November 8, 2005 of the Prime Minister on wages and allowances for officers and non-commissioned officers under the People's Public Security Forces who have transferred jobs;

b) Officers and non-commissioned officers transferring to work in state-owned companies shall be ranked according to the new job from the date of the transfer decision based on the principle: doing what job, ranking according to that job; holding what position, ranking according to that position. The basis for ranking wages is the assigned work; technical grade standards; professional standards, qualifications, and company grades applied according to the regulations stipulated in Decree No. 205/2004/NĐ-CP dated December 14, 2004, and Decree No. 141/2007/NĐ-CP dated September 5, 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 and ranking of wages shall be carried out according to the 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 August 31, 2005 of the Ministry of Labor - War Invalids and Social Affairs, the Ministry of Finance, and the regulations stipulated in point b, Clause 1.2.1, Section II of Circular No. 19/2007/TT-BLDTBXH dated October 4, 2007 of the Ministry of Labor - War Invalids and Social Affairs.

- If working as direct production workers, sales personnel, professional staff, administrative staff, or service staff, then the transfer and ranking of wages shall be carried out according to the 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 October 4, 2007 of the Ministry of Labor - War Invalids and Social Affairs.

c) In case the new wage coefficient is lower than the combined wage coefficient plus seniority allowance exceeding the ceiling (if applicable) of the officer or non-commissioned officer prior to 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 coefficient is increased, the retained differential coefficient shall be correspondingly reduced; if the wage coefficient is increased to the level equal to or higher than the pre-transfer wage coefficient, the enjoyment of the retained differential coefficient shall cease from the date of the wage increase.

1.3. In case of being reassigned to serve again in the People's Public Security Forces, the working time at state agencies, units receiving salaries from the state budget outside the People's Public Security Forces shall be counted towards continuous working time for consideration of promotion in rank or wage increase.

Example 3: Comrade Pham Van C, Major, Deputy Head of the Police Department of a district, joined the People's Public Security Forces in May 1980. In June 2002, Comrade C received 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 Forces holding the position of Head of the Provincial Police Department T. 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. The calculation of the monthly pension for officers and non-commissioned officers of the People's Public Security Forces transferring to other jobs shall be implemented according to the provisions of Clause 7, Article 34 of Decree No. 68/2007/ND-CP, specifically as follows:

a) The average monthly salary used as the basis 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 Forces at the time of transfer, shall be taken into account. When calculating this average monthly salary, adjustments shall be made according to the wage regulations stipulated in Decree No. 204/2004/NĐ-CP dated December 14, 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, Major, with 14 years and 10 months of professional seniority counted, was assigned to work as a prosecutor at the People's Procuracy of Hanoi City and retired on October 1, 2007, enjoying retirement benefits; the total time of social insurance contributions is 38 years. Comrade T's salary contribution history 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/month x 6.44 x 36 months = 104,328,000 VND

- From October 2005 to September 2007 = 24 months with the new salary coefficient of 6.78:

450,000 VND/month x 6.78 x 24 months = 73,224,000 VND

- The average monthly salary for the last five years before retirement for social insurance contributions:

- The service seniority allowance of Comrade T at the time of transfer to another sector is added to the average monthly salary for social insurance contributions as the basis for calculating retirement pay as follows:

Major has a salary coefficient (according to the salary system at the time of October 2007) of 5.40:

450,000 VND/month x 5.40 x 14% = 340,200 VND/month

- The average monthly salary for social insurance contributions as the basis for calculating retirement pay of Comrade T is:

2,959,200 VND/month + 340,200 VND/month = 3,299,400 VND/month

- The monthly retirement pay of Comrade T is:

3,299,400 VND/month x 75% = 2,474,550 VND/month.

b) In cases where the calculated retirement pay according to paragraph a of this point is lower than the retirement pay calculated based on the average monthly salary for social insurance contributions of officers and non-commissioned officers at the time of transfer to another sector, then the monthly salary for social insurance contributions at the time of transfer shall be converted according to the salary system prescribed in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government and the minimum wage level at the time of retirement to serve as the basis for calculating retirement pay.

Example 5: Comrade Le Van A, born in April 1948, former Captain, with 20 years and 7 months of professional seniority counted, transferred to work as a Judge at Dong Anh District Court, Hanoi City in August 1995. Retired in April 2008 to enjoy retirement benefits. Comrade A's average monthly salary for social insurance contributions for the last five years before transferring to another sector and before retiring is as follows:

- Before transferring jobs:

+ From September 1990 to July 1994 = 47 months, Major, old salary coefficient 4.15 converted to new salary coefficient 5.40; professional seniority 19%:

450,000 VND/month x 5.40 x 1.19 x 47 months = 135,909,900 VND

+ From August 1994 to August 1995 = 13 months, Captain, old salary coefficient 4.80, converted to new salary coefficient 6.0; professional seniority 20%:

450,000 VND/month x 6.00 x 1.20 x 13 months = 42,120,000 VND

- The average monthly salary for social insurance contributions before transferring to another sector:

- The average monthly salary for social insurance contributions before retiring:

+ The average monthly salary for social insurance contributions before retiring of Comrade A is: 1,933,909 VND/month.

+ The professional seniority allowance before transferring to another sector, converted according to the new salary system is:

450,000 VND/month x 6.0 x 20% = 540,000 VND/month.

Total: 1,933,909 VND/month + 540,000 VND/month = 2,473,909 VND/month.

Therefore, the average monthly salary for social insurance contributions serving as the basis for calculating retirement pay at the time of retiring is lower than the average monthly salary for social insurance contributions at the time of transferring to another sector. Thus, Comrade A will use the average monthly salary for social insurance contributions at the time of transferring to another sector (2,967,165 VND/month) as the basis for calculating retirement pay.

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 the guidance in Clause 2, 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 time of social insurance contributions prior to transferring to another sector will be preserved, confirmed by the Social Insurance Agency of the Public Security Force in their social insurance book before transferring out of the Public Security Force, and they will implement social insurance benefits according to Decree No. 152/2006/NĐ-CP dated December 22, 2006 of the Government guiding certain provisions of the Social Insurance Law on mandatory social insurance and other current laws.

IV. REGULATIONS AND POLICIES FOR OFFICERS AND NON-COMMISSIONED OFFICERS OF THE PUBLIC SECURITY FORCE WHO STOP SERVING IN THE PUBLIC SECURITY FORCE WITHOUT MEETING RETIREMENT CONDITIONS OR TRANSFERRING TO ANOTHER SECTOR 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 there is a desire to undergo vocational training or find employment, the unit or the Public Security Department 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 ministries, sectors, mass organizations, localities, and other economic and social organizations to undergo vocational training or find employment.

Vocational training centers of 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 there is a desire and meet the conditions specified, they may be prioritized for registration to apply for overseas labor 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 of current salary and allowances (if any).

一次性退伍补助金通过将实际工作年限（按公历年度计算，不作转换）乘以目前享受的一个月工资和补贴（如有）来计算。

2.1. The period for calculating the one-time discharge allowance is the total working time in the People's Public Security Force (including time as officers, non-commissioned officers, soldiers, students, workers, and civil servants of the People's Public Security Force) that has not been settled under the discharge regulations, plus the working time in Party, State agencies, social organizations, mass organizations at central and local levels, and the time working under contracts with social insurance contributions that have not been settled under the termination of employment regulations.

If there is a fractional month when calculating the one-time discharge allowance, it shall be calculated as follows:

- Less than three months shall not be counted towards the allowance;

- From three to six months inclusive shall be counted as half a year of work;

- From more than six months to less than twelve months shall be counted as one year of work.

2.2. The salary for calculating the one-time discharge allowance includes: rank salary or grade and step salary, and allowances such as position, seniority, seniority beyond the quota, and retention coefficient (if any) currently being enjoyed at the time of discharge.

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 Force in July 1995, and was discharged on August 1, 2007, with the rank of Major (salary grade: 5.4). The calculation of Comrade M's one-time discharge allowance is as follows:

- Comrade M's actual working time (from May 1990 to July 2007) is 17 years and 3 months, which is counted as 17.5 months for the allowance.

- Comrade M's salary:

+ Major's salary: 450,000 VND/month x 5.4 = 2,430,000 VND/month

+ Seniority allowance: 2,430,000 VND x 12% = 291,600 VND/month

Total = 2,721,600 VND/month

- One-time discharge 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 Ministry of Finance's regulations) from the unit back to the place of residence.

4. In addition to the above benefits, officers and non-commissioned officers upon discharge 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 time of social insurance contributions and the average monthly salary paid for social insurance: For each year of social insurance contribution, a one-time allowance equal to 1.5 months of the average monthly salary paid for social insurance is granted.

5. Officers and non-commissioned officers who have been discharged and returned to the locality within a period not exceeding one year (not more than twelve months) from the effective date of the discharge 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 revoke the discharge 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 discharge 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 the Social Insurance Office of the Public Security Force to confirm 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 of social insurance participation before discharge, 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 the Social Insurance Office of the Public Security Force to confirm in the social insurance book.

V. CONVERSION OF TIME FOR CALCULATING ONE-TIME ALLOWANCE WHEN OFFICERS RETIRE, TRANSFER PROFESSIONS, OR STOP SERVING IN THE PUBLIC SECURITY FORCE RETIREMENT, TRANSFER TO ANOTHER FIELD, RESIGNATION FROM SERVICE IN THE PEOPLE'S POLICE

1. Conditions and conversion rates

1.1. Public Security officers who have worked in areas or jobs with special characteristics shall have their time converted for calculating the one-time allowance when retiring, transferring professions, or stopping service in the Public Security Force as follows:

a) Time spent working in areas with a special area allowance rate 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 shall be converted at a rate of one year equivalent to one year and four months;

b) Time spent working in areas with a regional coefficient allowance 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 shall be converted at a rate of one year equivalent to one year and two months.

1.2. Public Security officers who have served in the People's Army shall have their time of service in the Army converted according to the regulations on benefits and policies for officers of the Army who stop serving in active duty; or officers of the Army who transfer to professional military personnel or become workers or civil servants in national defense.

1.3. In cases where the same working period meets two or three of the conditions mentioned above, only the condition with the highest conversion rate shall be applied. The converted working time, if interrupted, shall 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 working time in the Public Security Force or the People's Army (if applicable) that has not yet been converted for the one-time allowance.

2.2. Working time in areas previously not regulated by competent authorities but now regulated with a special area allowance rate of 100% or a regional coefficient allowance of 0.7 or higher shall be considered as converted working time.

2.3. Working time in areas previously regulated with a special area allowance rate of 100% or a regional coefficient allowance of 0.7 or higher (meeting the conversion conditions) but later re-regulated with a special area allowance rate below 100% or a regional coefficient allowance below 0.7 (not meeting the conversion conditions), the working time in those areas prior to the new regulation date shall be considered as converted working time.

2.4. The period of time before being engaged in a profession or work that is now defined as heavy, hazardous, dangerous, or particularly heavy, hazardous, and dangerous work shall be implemented according to the provisions at Point 2 Section II Circular No. 11/LDTBXH-TT dated April 7, 1997 of the Ministry of Labor - War Invalids and Social Affairs to serve as the basis for determining the converted working period.

3. Calculation of one-time allowance for the additional time due to conversion

3.1. The level of allowance: for each year (12 months) of additional time due to conversion, an allowance equal to one month's salary and allowances (if any) at the time the officer retires, transfers, or ceases service in the People's Public Security.

If there is a fractional month in the additional time due to conversion, it shall be implemented as directed at Point 2.1 Clause 2 Section IV of this Circular.

3.2. The salary and allowances for calculating the one-time allowance include rank-based salary, grade salary, step salary, and allowances such as position allowance, seniority allowance, seniority beyond the framework allowance, and retained differential coefficient (if any) at the time the officer retires, transfers, or ceases service in the People's Public Security.

Example 7: Comrade Tran Van H, Senior Lieutenant, retired in May 2007 with an actual working period of 35 years and 1 month. Of which, there were 3 years as a soldier participating in combat in the South (from May 1972 to April 1975); from May 1975, he transferred to the People's Public Security, where he worked as a criminal investigator for 20 years (from May 1975 to April 1995). Calculating the converted time for Comrade H as follows:

- 3 years of combat in the South (according to the provisions of Government Decree No. 04/2001/NĐ-CP dated January 16, 2001), each year adds 6 months: 3 x 6 months = 18 months.

- 20 years as a criminal investigator (classified as labor type V according to Decision No. 44/LDTBXH-QĐ dated January 29, 1997 of the Minister of Labor - War Invalids and Social Affairs), each year adds 4 months: 20 x 4 months = 80 months.

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 received before retirement:

450,000 dong/month x 7.3 x 1.35 (seniority) = 4,434,750 dong/month.

+ One-time allowance:

4,434,750 dong/month x 8 years = 35,478,000 dong

VI. POLICY REGIME FOR OFFICERS, NON-COMMISSIONED OFFICERS OF THE PEOPLE'S PUBLIC SECURITY TRANSFERRING TO BECOME WORKERS, FUNCTIONAL STAFF OF THE PEOPLE'S PUBLIC SECURITY

1. Regarding reclassification of pay grades

Officers and non-commissioned officers of the People's Public Security who transfer to become workers or functional staff of the People's Public Security shall be classified according to their new job responsibilities.

In cases where the pay grade coefficient of the new job responsibility is lower than the pay grade coefficient of the officer or non-commissioned officer at the time of transfer, the difference between the pay grade coefficient of the officer or non-commissioned officer and the new pay grade coefficient shall be retained until the pay grade is raised to be equal to or higher.

2. Regarding the one-time allowance for the additional time due to conversion

Officers transferring to become workers or functional staff of the People's Public Security shall implement the one-time allowance for the additional time due to conversion as stipulated 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.

3. When officers and non-commissioned officers transfer to become workers or functional staff of the People's Public Security and retire, they shall implement the calculation of pension as directed at Point 1.4 Clause 1 Section III of this Circular.

VII. SOURCE OF FUNDS TO ENSURE

1. State budget ensures:

- Employment creation allowance, travel expenses, one-time separation allowance upon discharge as prescribed in Clauses 1, 2, and 3 Section IV of this Circular;

- Payment for training, payment for the difference due to retention of salary of officers and non-commissioned officers transferring to agencies and units receiving state budget salaries;

- One-time payment for the converted time as specified in Section V of this Circular;

- Payment for the difference due to retention of salary of officers and non-commissioned officers transferring to become workers or functional staff of the People's Public Security.

The funds for implementing these benefits 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 receiving state budget salaries.

2. State-owned enterprises ensure:

- Payment for the difference due to retention of salary;

- Training costs for officers and non-commissioned officers after transferring to state-owned enterprises.

The funds for ensuring the above shall be recorded in product cost or business expense.

3. Social Insurance Fund ensures:

- Pension and one-time allowance upon retirement;

- One-time social insurance allowance as prescribed by social insurance laws.

VIII. IMPLEMENTATION

1. Officers and non-commissioned officers of the People's Public Security who have transferred or have been transferred to become workers or functional staff of the People's Public Security and retire after the effective date of Government Decree No. 43/2007/NĐ-CP dated March 26, 2007 shall implement the pension calculation method prescribed at Point 1.4 Clause 1 Section III of this Circular.

2. Units directly managing officers and non-commissioned officers of the People's Public Security shall be responsible for fully and promptly resolving all benefits and policies stipulated in this Circular before the officers and non-commissioned officers retire, transfer, or cease service in the People's Public Security.

3. Procedures and files for applying for retirement benefits, one-time social insurance allowance for officers and non-commissioned officers of the People's Public Security as prescribed in this Circular shall be carried out in accordance with current social insurance laws.

Files for applying for employment creation allowance, one-time separation allowance, one-time allowance for the additional time due to conversion, and transfer to become workers or functional staff of the People's Public Security shall be implemented according to the guidance of the Ministry of Public Security.

4. Benefits and policies for officers and non-commissioned officers of the People's Public Security when retiring, transferring, or ceasing service in the People's Public Security; transferring to become workers or functional staff of the People's Public Security, and converting time to receive one-time allowance when officers retire, transfer, or cease service in the People's Public Security shall be implemented from the effective date of Government Decree No. 43/2007/NĐ-CP (April 30, 2007).

5. This Circular shall take effect 15 days after its publication in the Official Gazette.

All benefits and policies applied to officers and non-commissioned officers of the People's Public Security when retiring, transferring, or ceasing service in the People's Public Security, transferring to become workers or functional staff of the People's Public Security contrary to this Circular shall be abolished.

During implementation, if any difficulties arise, they should be reported to the joint ministries (through the Ministry of Public Security) for study and resolution./.