Joint Circular No. 03/2010/TTLT-BCA-BLDTBXH-BTC-BNV guiding the implementation of Government Decree No. 59/2010/NĐ-CP dated June 2, 2010 amending and supplementing certain provisions on the regime and policies for People's Police officers retiring, sacrificing, or passing away as stipulated in Government Decree No. 43/2007/NĐ-CP dated March 26, 2007 detailing and guiding the implementation of certain articles of the Law on the People's Police.

JOINT CIRCULAR

Guidelines for implementing Decree No. 59/2010/NĐ-CP dated June 2, 2010 of the Government amending and supplementing certain provisions on the system and policies for officers and non-commissioned officers of the People's Public Security who have retired, died, or passed away, as stipulated in Decree No. 43/2007/NĐ-CP dated March 26, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on the People's Public Security

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Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;
Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;
Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
Pursuant to Decree No. 59/2010/NĐ-CP dated June 2, 2010 of the Government amending and supplementing certain provisions on the system and policies for officers and non-commissioned officers of the People's Public Security who have retired, died, or passed away, as stipulated in Decree No. 43/2007/NĐ-CP dated March 26, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on the People's Public Security (hereinafter referred to as Decree No. 59/2010/NĐ-CP);
The Ministry of Public Security, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Home Affairs hereby provide guidelines for implementation as follows:

Chapter I. GENERAL PROVISIONS

Article 1. Scope and Applicability

These joint circulars guide the system and policies for officers of the People's Public Security who retire before the maximum service age; officers and non-commissioned officers of the People's Public Security who receive salaries upon death, passing away; conversion of time periods for calculating benefits when officers and non-commissioned officers of the People's Public Security receive retirement pay, change careers, or cease serving in the People's Public Security.

Article 2. Basis for calculating benefits

1. Monthly salary for benefit calculation

a) The monthly salary for calculating the one-time allowance as stipulated in Clause 1, Article 1 of Decree No. 59/2010/NĐ-CP and guided in Clause 3, Article 3 of these joint circulars shall be calculated based on the average monthly salary paid for social insurance of the last five years (60 months) prior to the officer of the People's Public Security retiring. When calculating the average monthly salary, it shall be converted according to the salary system prescribed at the time the officer of the People's Public Security receives retirement benefits.

b) The monthly salary for calculating the one-time allowance as stipulated in Clauses 2 and 3, Article 1 of Decree No. 59/2010/NĐ-CP and guided in Articles 4 and 5 of these joint circulars is the monthly salary paid for social insurance of the month immediately preceding the officer or non-commissioned officer of the People's Public Security dying, passing away, retiring, changing careers, or ceasing to serve in the People's Public Security.

c) The monthly salary paid for social insurance serving as the basis for calculating the one-time allowance as stipulated in point a and point b of this clause is the salary according to rank, grade, and various allowances for leadership positions, seniority allowances exceeding the standard range, and occupational seniority allowances (if applicable) of officers and non-commissioned officers.

2. Time period for benefit calculation

a) The time period for calculating the one-time allowance as stipulated in Clauses 1 and 2, Article 1 of Decree No. 59/2010/NĐ-CP and guided in Articles 3 and 4 of these joint circulars is the total time served in the People's Public Security (including time as an officer, non-commissioned officer, student at public security schools or studying outside public security schools funded by the People's Public Security, workers, or civil servants of the People's Public Security) and time served in agencies or units receiving state budget salaries with social insurance contributions or counted as time contributing to social insurance before joining the People's Public Security.

b) The time period for calculating the converted one-time allowance as stipulated in Clause 3, Article 1 of Decree No. 59/2010/NĐ-CP and guided in Article 5 of these joint circulars is the time served in the People's Public Security eligible for occupational seniority allowances (as prescribed by the Ministry of Public Security) of officers and non-commissioned officers of the People's Public Security, directly participating in combat, support for combat, or working in areas or professions with special characteristics.

c) The time period mentioned in point a and point b of this clause, if interrupted without receiving the one-time allowance (resignation, discharge from military service, termination of employment), can be accumulated.

3. In cases where the time period of service, additional time due to conversion, and time retiring before the maximum age include fractional months, they shall be calculated according to the principle: less than three months will not be counted, from three months up to six months will be counted as half a year, and from more than six months up to twelve months will be counted as one year.

Chapter II. REGIME AND POLICY

Article 3. One-time allowance system for People's Police officers retiring early before the maximum service age

1. People's Police officers who retire (meeting the conditions to receive monthly pension) before the maximum service age due to organizational restructuring or reduction in staffing according to the decision of the competent authority shall implement the one-time allowance regime prescribed in Clause 1, Article 1 of Decree No. 59/2010/NĐ-CP and guided at Clause 3 of this Article.

2. The age limit for calculating the allowance when People's Police officers retire early before the maximum service age is determined based on the rank level of the officer as stipulated in the Decision on retirement for pension benefits of the competent authority prescribed in Clause 1, Article 8 of Decree No. 43/2007/NĐ-CP dated March 26, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on the People's Police, specifically as follows:

Cadre: male 50, female 50;

Lieutenant Colonel, Major: male 55, female 53;

Senior Colonel: male 58, female 55;

Colonel, General: male 60, female 55.

When the State issues new regulations regarding the maximum service age of People's Police officers, such new regulations shall be implemented.

The age to determine whether an officer retires early compared to the maximum service age must be at least one year (12 months) and is calculated from the month of birth to the month immediately preceding the month the officer begins to receive monthly pension. In cases where the date and month of birth cannot be determined in various types of files but only the year of birth can be identified, the first day of January of the following year of birth of the officer shall be taken as the basis for calculating the retirement age.

Example 1:Comrade Nguyen Van T, Lieutenant Colonel, born on April 15, 1959, joined the People's Police on September 1, 1977, and was decided by the competent authority to retire with monthly pension benefits from August 1, 2010. Comrade T receives monthly pension at the age of 51 years and 3 months. According to the regulation, Comrade T is entitled to a one-time allowance for retiring early before the maximum service age of 55 years minus 51 years and 3 months equals 3 years and 9 months.

Example 2:Comrade Tran Van A, Major, born on July 3, 1956, joined the People's Police on September 1, 1975, and was decided by the competent authority to retire with monthly pension benefits from December 1, 2010. Comrade A receives monthly pension at the age of 54 years and 4 months. Comrade A does not qualify for a one-time allowance for retiring early before the maximum service age because Comrade A retired before the age of 55 with 8 months (less than 1 year).

3. In addition to social insurance benefits and preferential treatment for persons who have rendered meritorious services to the revolution (if applicable) as provided by current laws, People's Police officers retiring early before the maximum service age also enjoy the following one-time allowances:

a) Equal to three (3) months' average monthly salary for each full year (12 months) retired early, according to the following formula:

b) Equal to five (5) months' average monthly salary for the first twenty (20) years of service. For each additional year beyond twenty (20) years, half a month is granted. According to the following formula:

Example 3:In the case of Lieutenant Colonel Nguyen Van T mentioned in Example 1, with 32 years and 11 months of service in the People's Police rounded up to 33 years for calculation purposes, the number of years retired early before the maximum service age is 3 years and 9 months rounded up to 4 years for calculation purposes, the average monthly salary of the last 5 years before retirement is 5,081,600 VND. In addition to the current social insurance benefits, Comrade T is entitled to:

- Allowance based on the number of years retired early before the maximum service age

4 years x 3 months x 5,081,600 VND = 60,979,200 VND

- Allowance based on the number of years of service:

[5 months + (33 - 20) x 1/2 month] x 5,081,600 VND = 58,438,400 VND

The total amount of allowance that Comrade T is entitled to is:

60,979,200 VND + 58,438,400 VND = 119,417,600 VND.

4. People's Police officers who request to retire early before the maximum service age due to personal needs while the unit still requires their deployment and use; People's Police officers who must stop working before the maximum service age due to disciplinary violations shall not be entitled to the allowance regime prescribed in Clause 1, Article 1 of Decree No. 59/2010/NĐ-CP and guided at Clause 3 of this Article.

Article 4. Treatment and policies for police officers and non-commissioned officers of the People's Police who are on salary and have died or passed away

1. Police officers and non-commissioned officers of the People's Police who die while working and are recognized by competent authorities as martyrs, their relatives shall be entitled to:

a) Treatment and policies as prescribed by laws on preferential treatment for persons with meritorious service to the revolution and laws on social insurance;

b) A one-time allowance based on years of service: For each year of service, it is calculated as one month of current salary of the police officer or non-commissioned officer before death.

c) A one-time allowance for additional time due to conversion as stipulated in Clause 3, Article 1 of Decree No. 59/2010/NĐ-CP and guided in Article 5 of this Joint Circular.

2. Police officers and non-commissioned officers of the People's Police who pass away while working, their relatives shall be entitled to:

a) Treatment and policies as prescribed by laws on social insurance;

b) A one-time allowance based on years of service: For each year of service, it is calculated as one month of current salary of the police officer or non-commissioned officer before passing away.

c) A one-time allowance for additional time due to conversion as stipulated in Clause 3, Article 1 of Decree No. 59/2010/NĐ-CP and guided in Article 5 of this Joint Circular.

3. Relatives of police officers and non-commissioned officers of the People's Police who have died or passed away shall be entitled to the one-time allowance as provided in Points b and c of Clause 1 and Points b and c of Clause 2 of this Article, including: wife or husband; father or mother; children born or adopted or persons who were being raised according to current laws prior to the death or passing away of the police officer or non-commissioned officer.

Example 4:Comrade Nguyen Van D, Major, has served in the People's Police for 12 years and 05 months (calculated as 12% seniority), died on August 23, 2010, and was recognized as a martyr. The monthly salary of Comrade Nguyen Van D at the time of August 2010 was:

- The general minimum wage at the time of August 2010 was 730,000 VND/month

- Salary grade Major (coefficient 5.40): 5.40 x 730,000 VND = 3,942,000 VND

- Seniority allowance (12%): 3,942,000 VND x 12% = 473,040 VND

Total: 4,415,040 VND/month

In addition to preferential treatment for persons with meritorious service to the revolution and social insurance benefits as currently prescribed, the relatives of Comrade Nguyen Van D also receive a one-time allowance based on years of service. Comrade D's service period in the People's Police of 12 years and 05 months is rounded up to 12.5 years for calculation purposes:

4,415,040 VND x 12.5 years = 55,188,000 VND

4. The one-time allowance as provided in Points b and c of Clause 2 of this Article shall not be implemented for cases where police officers and non-commissioned officers of the People's Police pass away due to suicide, self-harm, or death due to violation of internal regulations of the People's Police force or national laws.

Article 5. Conversion of time for calculating one-time allowance for police officers and non-commissioned officers of the People's Police on retirement, transfer, or termination of service

1. Conditions and levels of conversion for calculating one-time allowance for police officers and non-commissioned officers of the People's Police who retire, transfer, leave service, or take retirement under the disabled veteran system; those who die or pass away while serving, or transfer to become workers or civil servants of the People's Police as stipulated in Clause 3, Article 1 of Decree No. 59/2010/NĐ-CP shall be implemented as follows:

a) Time converted at a rate of 1 year equal to 1 year and 6 months (additional 6 months) for police officers and non-commissioned officers:

Participating in combat or support activities during the anti-French resistance war from December 22, 1944 to July 20, 1954; in the South Vietnam, Laos battlefield from July 20, 1954 to April 30, 1975; in the Cambodia battlefield from July 20, 1954 to August 31, 1989; in the war of destruction in the North from August 5, 1964 to January 27, 1973 (excluding cases of studying abroad, medical treatment, and work outside the country);

Participating in combat or support activities along the Southwest border from May 1975 to December 1978; along the Northern border from February 1979 to December 1988. Border areas in the defense of the homeland as specified in this Joint Circular are counties bordering Cambodia (Southwest) and China (North).

Performing international missions and special missions in Laos and Cambodia during various periods (excluding cases of being sent to study, diplomatic missions, or economic activities).

b) Time converted at a rate of 1 year equal to 1 year and 4 months (additional 4 months) for police officers and non-commissioned officers:

Working in areas with special allowances at 100% as prescribed in Circular No. 09/2005/TT-BNV dated January 5, 2005 of the Ministry of Home Affairs guiding the implementation of special allowances;

Engaging in occupations or jobs classified as particularly arduous, hazardous, or dangerous (Class V, Class VI) as prescribed in Decision No. 44/LĐTBXH-QĐ dated January 29, 1997 of the Ministry of Labor, Invalids, and Social Affairs regarding the temporary list of occupations and jobs that are arduous, hazardous, or dangerous and particularly arduous, hazardous, or dangerous within the People's Police force.

c) Time converted at a rate of 1 year equal to 1 year and 2 months (additional 2 months) for police officers and non-commissioned officers:

Working in areas with regional allowances at coefficients of 0.7 or higher as prescribed in Joint Circular No. 11/2005/TTLT-BNV-BLĐTBXH-BTC-UBDT dated January 5, 2005 of the Ministry of Home Affairs, Ministry of Labor, Invalids, and Social Affairs, Ministry of Finance, and the Committee for Ethnic Minorities guiding the implementation of regional allowances;

Engaging in occupations or jobs classified as arduous, hazardous, or dangerous (Class IV) as prescribed in Decision No. 44/LĐTBXH-QĐ dated January 29, 1997 of the Ministry of Labor, Invalids, and Social Affairs.

d) Police officers and non-commissioned officers of the People's Police who have served in the People's Army shall have their service time in the Army counted for conversion according to the regulations on treatment and policies for officers of the Army who terminate active service.

d) When the State has regulations amending and supplementing on areas with special allowances at 100%, on areas with regional allowances from a factor of 0.7 or higher, on the list of occupations and jobs classified as particularly arduous, hazardous, and dangerous work (Class V, Class VI) and occupations and jobs classified as arduous, hazardous, and dangerous work (Class IV), such regulations shall be implemented according to the amended and supplemented provisions.

2. Method of conversion

a) In cases where there are two or three of the above conditions met during the same period of service, only the highest conversion rate shall be applied; intermittent periods of service shall be accumulated for the purpose of calculating the one-time allowance.

b) Periods of service in areas that were not previously regulated but are now regulated with a special allowance of 100% or a regional allowance factor of 0.7 or higher shall be converted into time for calculating the one-time allowance.

Periods of service in areas previously regulated with a special allowance of 100% or a regional allowance factor of 0.7 or higher (which can be converted) and subsequently regulated with a special allowance below 100% or a regional allowance below a factor of 0.7 (which cannot be converted) shall be considered converted time for calculating the allowance up to the date of the new regulation.

c) Periods of service in occupations or jobs that were not previously classified but later classified as Class IV or higher shall be calculated as Class IV or higher from the start of the occupation or job for the purpose of converting time to calculate the allowance.

Periods of service in occupations or jobs that were previously classified at a lower level and later reclassified at a higher level shall be calculated based on the higher classification from the start of the occupation or job for the purpose of converting time to calculate the allowance.

Periods of service in occupations or jobs that were previously classified at a higher level and later reclassified at a lower level shall be calculated based on the higher classification from the start of the occupation or job until the day before the new decision takes effect, thereafter calculated based on the newly specified lower classification for converting time to calculate the allowance.

3. One-time allowance for additional time due to conversion: For each year of additional time due to conversion, the one-time allowance is equivalent to one month of salary as stipulated in point b and point c, clause 1, Article 2 of this Joint Circular.

Example 5:Comrade Tran Van H, Senior Lieutenant Colonel, retired in August 2010 with an actual period of service of 35 years and 8 months. Of which, 4 years were spent as a soldier participating in combat in the South and Southwest border (from January 1975 to December 1978); from January 1979, he transferred to the People's Police, serving 10 years as a criminal investigator. The calculation of converted time for Comrade H is as follows:

4 years of combat in the South and Southwest border result in additional converted time (1 year equals 1 year and 6 months) for calculating the allowance: 4 years x 6 months = 24 months.

10 years working as a criminal investigator, classified as particularly arduous, hazardous, and dangerous work (Class V according to Decision No. 44/LDTBXH-QD dated January 29, 1997 of the Ministry of Labor, Invalids, and Social Affairs), results in additional converted time (1 year equals 1 year and 4 months) for calculating the allowance: 10 years x 4 months = 40 months.

The total additional converted time for calculating the allowance of Comrade H is: 24 months + 40 months = 64 months = 5 years and 4 months, rounded to 5.5 years for the purpose of calculating the allowance.

The one-time allowance for the additional converted time when Comrade H retired is:

- Salary received in July 2010 before retirement (the general minimum wage was 730,000 VND/month, the rank coefficient for Senior Lieutenant Colonel is 7.3):

730,000 VND/month x 7.3 + (730,000 VND/month x 7.3 x 35%) = 7,194,150 VND/month.

- One-time allowance: 7,194,150 VND/month x 5.5 years = 39,567,825 VND.

Chapter III. IMPLEMENTATION

Article 6. Funding to ensure implementation

The funding for implementing the subsistence allowances prescribed in Decree No. 59/2010/NĐ-CP and guided in this Joint Circular shall be guaranteed by the state budget in accordance with the provisions of the State Budget Law.

Article 7. Documents and authority to resolve benefits

1. The documents for resolving benefits for People's Police officers retiring; People's Police officers receiving salaries who have died, passed away, or ceased service in the People's Police shall be implemented according to the regulations of the Ministry of Public Security.

In cases where People's Police officers are entitled to the benefits and policies prescribed in Decree No. 59/2010/NĐ-CP and guided in this Joint Circular, in addition to the documents mentioned above, there must also be a Subsistence Allowance Payment Form (model attached to this Joint Circular). The policy agency (or the organization and personnel agency) of the main units under the Ministry of Public Security shall prepare the Subsistence Allowance Payment Form, submit it for approval by the head of the unit, and transfer it to the financial agency responsible for managing and disbursing salaries to the beneficiaries.

2. The authority to issue decisions on resolving benefits for People's Police officers prescribed in Decree No. 59/2010/NĐ-CP and guided in this Joint Circular shall be carried out according to the regulations of the Ministry of Public Security.

Article 8. Responsibilities of Relevant Ministries

1. Ministry of Public Security

Lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Home Affairs, and the Ministry of Finance to direct, guide, inspect, and resolve difficulties in implementing the benefits and policies for People's Police officers prescribed in Decree No. 59/2010/NĐ-CP and guided in this Joint Circular.

Based on their functions, tasks, and authorities; local public security agencies shall be responsible for:

a) General Department for Building the Public Security Force

Directing and guiding local public security agencies to implement;

Leading and coordinating with functional agencies both within and outside the People's Public Security to monitor, inspect, and resolve difficulties and issues arising during the implementation of Decree No. 59/2010/NĐ-CP and this Joint Circular, and report to the Ministry of Public Security as stipulated.

b) Financial Department

Prepare the budget for ensuring the implementation of the benefits prescribed in Decree No. 59/2010/NĐ-CP and guided in this Joint Circular, report to the leadership of the Ministry of Public Security for approval;

Guide local public security agencies to prepare budgets, organize the disbursement of funds for implementation, and settle accounts in accordance with regulations.

Coordinate with the General Department of Public Security Force Construction to direct, inspect, and resolve difficulties and issues arising during the organization and implementation of Decree No. 59/2010/NĐ-CP and this Joint Circular.

c) Local public security agencies

Prepare the budget for ensuring the implementation of subsistence allowances for beneficiaries within their units and regions as prescribed in Decree No. 59/2010/NĐ-CP and guided in this Joint Circular, and report to the Ministry of Public Security (through the Financial Department).

Organize the dissemination and implementation of Decree No. 59/2010/NĐ-CP and this Joint Circular to People's Police officers under their management. Lead, direct, and organize the implementation of benefits and policies within the unit to ensure accuracy, strictness, timeliness, and compliance with regulations.

2. Ministry of Labor, Invalids and Social Affairs, Ministry of Home Affairs

Coordinate with the Ministry of Public Security to organize implementation, provide guidance, conduct regular and spot inspections, and resolve difficulties during the implementation of Decree No. 59/2010/NĐ-CP and this Joint Circular.

3. Ministry of Finance

a) Base on the budget for ensuring funding prepared by the Ministry of Public Security to review, consolidate, and report to the competent authority for approval in accordance with the State Budget Law;

b) Coordinate with the Ministry of Public Security to conduct regular and spot inspections, and resolve difficulties in the use of funding and implementation of benefits and policies as prescribed in Decree No. 59/2010/NĐ-CP and guided in this Joint Circular.

Article 9. Effective Date

1. This Joint Circular takes effect 45 days from the date of issuance.

2. The benefits and policies prescribed in this Joint Circular shall be implemented starting from July 20, 2010.

3. Repeal Section V of Joint Circular No. 01/2008/TTLT-BCA-BLDTBXH-BTC-BNV dated January 15, 2008, issued by the Ministry of Public Security, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Home Affairs guiding the implementation of benefits and policies for retired People's Police officers, those transferred to other sectors, or those who have ceased service in the People's Police; People's Police officers transferred to become workers or civil servants in the People's Public Security, and other guiding documents of the Ministry of Public Security that conflict with this Joint Circular.

During the process of organizing the implementation of this Joint Circular, if there are difficulties, agencies and units should reflect them to the Ministry of Public Security (through the Policy Department, General Department of Public Security Force Construction) for coordination with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Home Affairs to consider and resolve.