Joint Circular No. 03/2009/TTLT-BCA-BLDTBXH-BNV-BTC guides the implementation of regulations and policies for individuals engaged in science and technology activities mobilized to serve police work.

JOINT CIRCULAR

Pursuant to Decree No. 169/2007/NĐ-CP dated November 19, 2007 of the Government on mobilizing scientific and technological potential to serve public security work (hereinafter referred to as Decree No. 169/2007/NĐ-CP). After exchanging with the Ministry of Science and Technology; the Ministry of Public Security, the Ministry of Labour - Invalids and Social Affairs, the Ministry of Interior, and the Ministry of Finance, they have agreed to provide guidelines for implementing systems and policies for individuals engaged in scientific and technological activities mobilized to serve public security work:

This Circular provides guidelines for implementing systems and policies for individuals engaged in scientific and technological activities mobilized to serve public security work.

Vietnamese citizens and foreigners working in the field of science and technology within the territory of the Socialist Republic of Vietnam who are mobilized to serve public security work (hereinafter referred to collectively as individuals mobilized).

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1. Officers, non-commissioned officers, soldiers, workers, and officials in the People's Public Security Force;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. Individuals mobilized in cases where the State declares a state of emergency.

Article 2. Applicability

SYSTEMS AND POLICIES FOR INDIVIDUALS MOBILIZED

Article 3. Subjects not subject to application

Article 4. Salary and allowances for individuals mobilized

1. Individuals mobilized who are civil servants, officials receiving salaries from the state budget shall continue to receive their original salary, benefits, and policies as when working at state agencies and organizations before being mobilized, paid by the state agencies and organizations before mobilization. At the same time, they shall also receive mobilization allowances as stipulated in Clause 1, Article 23 of Decree No. 169/2007/NĐ-CP, specifically as follows:

Chapter II

a) Equal to 30% of the level of salary grade, position allowance, various salary allowances, and other subsidy systems (if any) received prior to mobilization in cases where the mobilization period is less than six months;

b) Equal to 50% of the level of salary grade, position allowance, various salary allowances, and other subsidy systems (if any) received prior to mobilization in cases where the mobilization period is from six months to less than one year;

c) Equal to 80% of the level of salary grade, position allowance, various salary allowances, and other subsidy systems (if any) received prior to mobilization in cases where the mobilization period is one year or more;

The salary allowances mentioned in points a, b, and c above include the salary allowances stipulated in Article 6 of Decree No. 204/2004/NĐ-CP dated December 17, 2004 of the Government on salary systems for civil servants, officials, and military personnel currently paid by state agencies and organizations before mobilization.

Other subsidy systems mentioned in points a, b, and c above are salary-like subsidies currently paid by state agencies and organizations before mobilization.

Example 1: Mr. Nguyen Van A, Head of Department at Bureau X, Ministry of Science and Technology, currently receives a coefficient salary of 5.42, grade 4, specialist rank, and leadership position allowance, coefficient 0.50. In May 2009, Mr. A was decided by the Ministry of Public Security to be mobilized to serve public security work for a period of 12 months. During the mobilization period, Mr. A will continue to receive his original salary and allowances as when working at Bureau X, paid by Bureau X; at the same time, he will receive a mobilization allowance of 80% monthly from the Ministry of Public Security. With the general minimum wage rate of 650,000 VND/month, the mobilization allowance that Mr. A will receive each month is:

((5.42 + 0.50) x 650,000 VND/month) x 80% = 3,078,400 VND/month.

Example 2: Ms. Le Thi H, belonging to Institute Y, Ministry of Science and Technology, currently receives a coefficient salary of 4.98, grade 9, specialist rank, and 7% seniority allowance. Ms. H was decided by the Ministry of Public Security to be mobilized to serve public security work for a period of 6 months (from July to December 2009). During the mobilization period, Ms. H will continue to receive her original salary and allowances as when working at Institute Y, paid by Institute Y; at the same time, she will receive a mobilization allowance of 50% monthly from the Ministry of Public Security. With the general minimum wage rate of 650,000 VND/month, the mobilization allowance that Ms. H will receive each month is:

((4.98 + 4.98 x 0.7%) x 650,000 VND/month) x 50% = 1,731,795 VND/month.

2. Individuals mobilized who do not receive salaries from the state budget during the mobilization period to serve public security work, if they are paid their full salary and benefits by the managing agency, organization, or enterprise as when working there, shall receive one of the mobilization allowance rates specified in points a, b, and c of Clause 1 of this Article, paid by the Ministry of Public Security based on the salary level currently paid by the managing agency, organization, or enterprise. The mobilization allowance is calculated based on the salary level currently paid by the managing agency, organization, or enterprise.

Example 3: Mr. Pham Xuan Th, an electronics engineer of Economic Group F, was mobilized by the Ministry of Public Security to serve public security work for a period of 12 months (from April 2009 to March 2010). During the mobilization period, Mr. Th is paid his full salary of 6,500,000 VND/month by Economic Group F. Therefore, in addition to the salary paid by Economic Group F, Mr. Th will receive a mobilization allowance of 80% monthly from the Ministry of Public Security, specifically as follows:

6,500,000 VND/month x 80% = 5,200,000 VND/month

3. Individuals mobilized who do not receive salaries from the state budget (except those specified in Clause 2 of this Article) and individuals receiving monthly pension when mobilized to serve public security work shall be paid a salary (wage) by the Ministry of Public Security (the managing unit of the individual mobilized) based on their educational qualifications, experience, and work tenure but not exceeding the salary or wage level of civil servants, officials, and employees with equivalent ranks according to current regulations of the State. At the same time, based on the agreed salary (wage) level and the mobilization period, one of the mobilization allowance rates specified in points a, b, and c of Clause 1 of this Article shall be applied.

Example 3: Mr. Pham Xuan T, an electronics engineer of Economic Group F, was mobilized by the Ministry of Public Security to serve in public security work for a period of 12 months (from April 2009 to March 2010). During the mobilization period, Mr. T received his full salary of 6,500,000 VND per month from Economic Group F. Therefore, during the mobilization period, in addition to the salary paid by Economic Group F, Mr. T also received a mobilization allowance of 80% from the Ministry of Public Security, specifically as follows:

6,500,000 VND/month x 80% = 5,200,000 VND/month

3. Persons who are not receiving salaries from the State budget (except those specified in Clause 2 of this Article) and persons currently receiving monthly pensions when mobilized to serve in public security work shall be paid wages (fees) by the Ministry of Public Security (the managing unit) based on their level of education, time, and work experience, but such wages (fees) shall not exceed the wage levels of civil servants, public officials, and employees with equivalent ranks as stipulated by current state regulations. At the same time, based on the agreed wage (fee) amount and the duration of mobilization, they shall be entitled to one of the allowances specified in Points a, b, and c of Clause 1 of this Article.

Example 4: Mr. Nguyen Van C, an information technology engineer, with 24 years of practical work experience, was decided by the Ministry of Public Security to be mobilized for public security work for a period of 15 months (from May 2009 to July 2010). The Ministry of Public Security agreed that the salary paid to Mr. C during the mobilization period would be equivalent to the salary of Class A1 civil servants at Level 9, with a pay scale coefficient of 4.98. With the general minimum wage of 650,000 VND/month, during the mobilization period, Mr. C would receive the following salary and mobilization allowance:

a) Monthly Salary = 4.98 x 650,000 VND/month = 3,237,000 VND/month

b) Mobilization Allowance = 3,237,000 VND/month x 80% = 2,589,600 VND/month Total (a + b) = 5,826,600 VND/month

4. In cases where the person being mobilized has special capabilities, the Minister of Public Security shall propose the level of salary for the person being mobilized and report it.

5. The mobilization allowance provided by the Ministry of Public Security (the unit managing the person being mobilized) shall be paid monthly and shall not be used to contribute to or benefit from social insurance and health insurance schemes.

The salary and allowances for persons being mobilized as stipulated in this Circular shall be calculated based on the general minimum wage set by the Government during the mobilization period.

Article 5. Night Shift and Overtime Pay

During the mobilization period, if work requires night shifts or overtime, the person being mobilized shall enjoy night shift and overtime pay according to the guidelines set out in Joint Circular No. 08/2005/TTLT-BNV-BTC dated January 5, 2005, issued by the Ministry of Home Affairs and the Ministry of Finance, guiding the implementation of night shift and overtime pay.

Article 6. Other Benefits and Policies

1. Social Insurance and Health Insurance

a) Persons being mobilized as specified in Clause 1 and Clause 2 of Article 4 of this Circular, the agency, organization, enterprise before mobilizing and the person being mobilized shall have the responsibility to pay social insurance and health insurance as prescribed.

b) Persons being mobilized as specified in Clause 3 of Article 4 of this Circular (excluding those receiving monthly pension), during the period they are mobilized and paid by the Ministry of Public Security, the Ministry of Public Security and the person being mobilized shall pay social insurance, health insurance, and unemployment insurance according to the laws on social insurance and health insurance based on the agreed salary level.

c) During the period of being mobilized for public security work:

If the person being mobilized falls ill, suffers a work-related accident, is injured, dies, or sacrifices their life, they shall be entitled to corresponding benefits under the laws on social insurance and health insurance.

In the event of the death or sacrifice of the person being mobilized, the Ministry of Public Security (the mobilizing agency) shall coordinate with the agency or organization before mobilization to organize funeral arrangements in accordance with state regulations.

2. Policy for Persons Being Mobilized Who Are Sacrificed or Injured

During the mobilization period, if the person being mobilized is sacrificed or injured and falls within one of the cases specified in Article 3 and Article 11 of Decree No. 54/2006/NĐ-CP dated May 26, 2006, guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Those Contributing to the Revolution, they shall be recognized as martyrs or war invalids, or persons entitled to benefits similar to those of war invalids.

Article 7. Authority to implement policies and regulations

The heads of units and localities under the Ministry of Public Security, authorized by the Minister of Public Security, shall be responsible for fully implementing all policies and regulations concerning persons who have been mobilized:

1. Payment of salary (except for the subjects specified in Clause 1 and Clause 2, Article 4 of this Circular) and mobilization allowance together with the monthly salary. For night work and overtime pay, it will be paid together with the salary of the immediately following month.

2. Collection and payment of social insurance, health insurance, and unemployment insurance according to the laws on social insurance, health insurance, and unemployment insurance (except for the subjects specified in Clauses 1 and 2, Article 4 of this Circular).

3. Preparation of files and resolution or proposal for resolution of social insurance benefits as prescribed.

4. Preparation of files to propose recognition as martyrs, wounded veterans, or persons entitled to benefits similar to those of wounded veterans, to be sent to the Ministry of Public Security for implementation according to regulations.

Chapter III

IMPLEMENTATION

Article 8. Responsibilities of the Ministry of Public Security

1. Take the lead and coordinate with relevant agencies in drafting guidance documents on policies and regulations for persons who have been mobilized.

2. Prepare annual and five-year budget plans to ensure funding for the implementation of policies as stipulated in this Circular and settle the budget according to the State Budget Law and related guiding documents.

3. Review, decide, implement, or propose solutions to fully implement policies and regulations for persons who have been mobilized as prescribed in this Circular.

4. Examine and decide on commendations and disciplinary actions against persons who have been mobilized according to regulations.

Article 9. Responsibilities of the Ministry of Labor, Invalids, and Social Affairs

Guide and direct provincial Departments of Labor, Invalids, and Social Affairs under central cities to accept and implement full preferential treatment for persons who have been mobilized and have sacrificed their lives or been injured and recognized as martyrs, wounded veterans, or persons entitled to benefits similar to those of wounded veterans, transferred by the Ministry of Public Security.

Article 10. Responsibilities of the Ministry of Finance

Allocate funds in the annual budget plan of the Ministry of Public Security to implement salary payments, mobilization allowances, and overtime benefits for persons who have been mobilized to serve public security work.

Article 11. Responsibilities of Heads of Agencies and Organizations with Mobilized Personnel

1. Fully implement policies for mobilized personnel as stipulated in this Circular.

2. Properly arrange and assign positions and tasks for mobilized personnel when they return to work at the agency or organization after completing their service period in public security work.

Article 12. Responsibilities of Mobilized Personnel

1. Strictly comply with mobilization decisions; fully adhere to legal provisions and regulations of the Ministry of Public Security during the mobilization period.

2. Declare and pay personal income tax (if applicable) according to legal provisions.

Article 13. Sources of Funding for Implementing Policies and Regulations for Mobilized Personnel

1. Funding for social insurance benefits from the social insurance fund.

2. Funding for salary, mobilization allowance, and overtime benefits from the regular security budget allocated annually to the Ministry of Public Security.

3. Funding for benefits for mobilized personnel who have sacrificed their lives or been injured from the budget for preferential treatment for persons contributing to the revolution.

Article 14. Effective Date

This Circular shall take effect forty-five days from the date of signature.

During the implementation of this Circular, if there are any difficulties, relevant agencies, organizations, and individuals should promptly report them to the inter-ministerial body (through the Ministry of Public Security) for research and guidance on resolution.