Joint Circular No. 04/2011/TTLT-BCA-BLDTBXH-BTC guiding the retirement benefits for police officers who directly participated in the resistance war against the United States to save the country from April 30, 1975, onwards, having served at least 20 years in the police force and have been discharged or retired to their place of residence.

JOINT CIRCULAR

Guidelines for implementing retirement benefits for police officers who directly participated in the resistance war against America to save the country from April 30, 1975, back until having at least 20 years of service in the People's Public Security Forces and have been discharged or retired to their home provinces who participated in the anti-American resistance to save the country before April 30, 1975 for twenty years or more who have been discharged from service or retired from working in the People's Public Security Force and returned to their place of origin

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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 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on implementing retirement benefits for military personnel who directly participated in the resistance war against America to save the country from April 30, 1975, back until having at least 20 years of service in the military forces and have been discharged or retired;

Implementing Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government amending and supplementing certain articles of Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on implementing retirement benefits for military personnel who directly participated in the resistance war against America to save the country from April 30, 1975, back until having at least 20 years of service in the military forces and have been discharged or retired;

The Ministry of Public Security, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance hereby issue the following guidelines:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars provide guidelines for implementing retirement benefits for police officers who directly participated in the resistance war against America to save the country from April 30, 1975, back until having at least 20 years of service in the People's Public Security Forces and have been discharged or retired to their home provinces before April 1, 2000.

Article 2. Applicability

Police officers who directly participated in the resistance war against America to save the country from April 30, 1975, back until having at least 20 years of service in the People's Public Security Forces, including time served in the People's Army of Vietnam before transferring to the People's Public Security Forces, and currently not receiving monthly retirement benefits, disability benefits, or veteran benefits, fall under one of the following categories:

1. Discharged or retired before April 1, 2000.

2. War invalids with a labor capacity reduction of 81% or more undergoing treatment at War Invalids Rehabilitation Centers or returning home from such centers before April 1, 2000.

3. Police officers who transferred to other professions or became public servants or workers in public security organizations and then retired before January 1, 1995; had transfer decisions made before April 1, 2000 but were unable to implement them, or returned to their home provinces without their retirement benefits being resolved.

4. Police officers who were discharged or retired and went to work in international cooperation projects or were sent to work in international cooperation projects after returning from abroad and were discharged or retired before April 1, 2000.

Article 3. Subjects not subject to application

Subjects defined in Article 2 of this Circular shall not be entitled to benefits stipulated in Decree No. 11/2011/NĐ-CP if they fall under one of the following categories:

1. Desertion, surrender, betrayal, or recruitment.

2. Violation of laws and currently serving a life sentence; serving a prison term; convicted of a crime endangering national security and not yet pardoned.

3. Illegal departure from the country or declared missing by a court.

Article 4. Service Time as Basis for Retirement Benefits

1. Is the total actual service time in the People's Public Security Forces and the People's Army (if applicable), with social insurance contributions or deemed as social insurance contributions up to the date of discharge, retirement, transfer to another profession, or transfer to War Invalids Rehabilitation Centers under the Ministry of Labor, Invalids and Social Affairs, recorded in the officer's file, discharge file, or war invalids file. If there are interruptions in service time within the People's Public Security Forces (or the People's Army), such periods will be cumulatively counted.

In cases where an officer transfers to another profession and retires; or is discharged or retires and then continues working outside the People's Public Security Forces (or the People's Army) before retiring again, or is discharged or retires after going to work in international cooperation projects and returns to the country before being discharged or retired, the service time outside the People's Public Security Forces, the People's Army, and the time spent in international cooperation projects shall not be counted towards retirement benefits.

Example 1: Mr. Nguyen Van A, born in 1948, joined the People's Army in February 1968, transferred to the People's Public Security Forces in May 1975, and was discharged in October 1991. According to regulations, the service time in the People's Army and the People's Public Security Forces as the basis for calculating retirement benefits for Mr. A is 23 years and 9 months (including service time in the People's Army from February 1968 to April 1975 and service time in the People's Public Security Forces from May 1975 to October 1991).

Example 2: Mr. Nguyen Van B, born in 1950, joined the People's Public Security Forces in March 1967, was granted retirement benefits and went to work in international cooperation projects in the Soviet Union (former) in August 1987, and returned to the country in 1991. According to regulations, the service time in the People's Public Security Forces as the basis for calculating retirement benefits for Mr. B is 20 years and 6 months (from March 1967 to August 1987).

Example 3: Ms. Hoang Thi C, born in 1949, joined the People's Public Security Forces in March 1968, transferred to the People's Public Security Forces in April 1976, and retired in March 1989. According to regulations, the service time in the People's Public Security Forces as the basis for calculating retirement benefits for Ms. C is 21 years and 1 month (from March 1968 to March 1989).

2. For service time calculation purposes, if there is a fractional month, less than three months will not be counted, from three to six months inclusive will be counted as half (1/2) of the benefit level of one year of social insurance contribution, and from seven to twelve months inclusive will be counted as the benefit level of one year of social insurance contribution.

Chapter II

POLICY REGIME

Article 5. Monthly pension

1. The monthly pension amount is calculated based on the actual years of service for social insurance benefits and the average monthly wage used as the basis for social insurance contributions as follows: For at least 15 years, it is calculated at 45% of the average monthly wage used for social insurance contributions; thereafter, for each additional year of social insurance contributions, an additional 2% is added for men and 3% for women. The maximum monthly pension amount is 75% of the average monthly wage used for social insurance contributions.

Example 4: Mr. Tran Van T, born in 1948, joined the People's Public Security in May 1965, retired in August 1988 with the rank of Major, having 23 years and 4 months of service in the People's Public Security; he now receives a monthly retirement benefit, the calculation of his pension percentage is as follows:

- Fifteen years = 45%

- From the 16th to the 23rd year (8 years): 2% x 8 (years) = 16%

- There are 4 months remaining which are also counted: 2% x 0.5 = 1%

Mr. T's pension percentage is: 45% + 16% + 1% = 62%.

Example 5: Ms. Nguyen Thi N, born in 1950, joined the People's Army in March 1967, transferred to the People's Public Security in June 1975, retired in March 1987 with the rank of Senior Captain, having 20 years and 1 month of service in the army and public security; she now receives a monthly retirement benefit, the calculation of her pension percentage is as follows:

- Fifteen years = 45%

- From the 16th to the 20th year (5 years): 3% x 5 (years) = 15%

- There is 1 month remaining: not counted

Ms. N's pension percentage is: 45% + 15% = 60%.

2. The average monthly wage used as the basis for calculating the pension is the average monthly wage (rank-based salary, grade, step, and seniority allowance, position allowance if applicable) in the last 5 years (60 months) before discharge, retirement, or transfer to a Veterans' Care Center under the Ministry of Labor, Invalids, and Social Affairs (where the salary coefficient and allowances are converted according to the provisions of Decree No. 25/CP dated May 23, 1993 of the Government regarding the temporary regulations on new salary levels for civil servants, administrative staff, and armed forces personnel (the standard salary for the rank of Sub-Lieutenant is equivalent to a factor of 3.0)). The minimum wage for calculating the pension is 290,000 VND/month.

Example 6: In the case of Mr. Tran Van T in Example 4, the wage progression in the last 5 years before retirement was as follows:

- From September 1983 to June 1986 (34 months), rank-based salary of Senior Captain (factor 3.80), seniority allowance 21%.

- From July 1986 to August 1988 (26 months), rank-based salary of Major (factor 4.15), seniority allowance 23%.

The average monthly wage used as the basis for calculating the pension:

- 3.80 x 290,000 VND x 1.21 x 34 months = 45,336,280 VND.

- 4.15 x 290,000 VND x 1.23 x 26 months = 38,487,930 VND.

(45,336,280 VND + 38,487,930 VND) / 60 months = 1,397,070 VND

Mr. T's monthly pension calculated prior to October 2004 is: 1,397,070 VND x 62% = 866,183 VND.

a) In cases where the period of receiving pension has not reached 5 years (60 months), the monthly wage used as the basis for calculating the pension is the average monthly wage of the months received according to rank-based salary, grade, and step.

b) In cases where only the final wage level before discharge or retirement can be determined from the file, the time limit for promotion and salary increase as prescribed in the Ordinance on the People's Security Force of Vietnam and the Ordinance on the People's Police Force of Vietnam in 1991 shall be applied to determine the wage progression in the last 5 years as the basis for calculating the pension.

c) For cases where individuals have been transferred to become workers or officials of the People's Public Security and then retired, the calculation of the pension is carried out as follows:

The average monthly wage used for social insurance contributions (up to the date of retirement) is taken, plus the seniority allowance already received in the month immediately preceding the transfer to become a worker or official of the People's Public Security (converted according to the salary and allowance factors specified in Decree No. 25/CP dated May 23, 1993 of the Government; the minimum wage for calculating the pension is 290,000 VND/month) as the basis for calculating the pension.

If the calculated pension is lower than the pension calculated based on the average monthly wage used for social insurance contributions at the time of transfer to become a worker or official of the People's Public Security, the average monthly wage used for social insurance contributions at that time (converted according to the salary and allowance factors specified in Decree No. 25/CP dated May 23, 1993 of the Government; the minimum wage for calculating the pension is 290,000 VND/month) shall be used to calculate the pension.

3. The subjects specified in Article 2 of this Circular receive a pension from May 1, 2010, and their monthly pension is adjusted according to the regulations of the Government for those who received a pension before October 2004. Specifically:

a) Increase by 10% of the pension calculated according to the time before October 2004 as stipulated in Decree No. 208/2004/NĐ-CP dated December 14, 2004.

b) Increase by 8% of the pension calculated according to point a of this clause as stipulated in Decree No. 117/2005/NĐ-CP dated September 15, 2005.

c) Increase by 20.7% of the pension calculated according to point b of this clause as stipulated in Decree No. 118/2005/NĐ-CP dated September 15, 2005.

d) Increase by 8% of the pension calculated according to point c of this clause as stipulated in Decree No. 93/2006/NĐ-CP dated September 7, 2006.

đ) Increase by 28.6% of the pension calculated according to point d of this clause as stipulated in Decree No. 94/2006/NĐ-CP dated September 7, 2006.

e) Increase by 20% of the pension calculated according to point đ of this clause as stipulated in Decree No. 184/2007/NĐ-CP dated December 17, 2007.

f) Increase by 15% of the pension calculated according to point e of this clause as stipulated in Decree No. 101/2008/NĐ-CP dated September 12, 2008.

g) Increase by 5% of the pension calculated according to point f of this clause as stipulated in Decree No. 34/2009/NĐ-CP dated April 6, 2009.

h) Increase by 12.3% of the pension calculated according to point g of this clause as stipulated in Decree No. 29/2010/NĐ-CP dated March 25, 2010.

i) From May 1, 2011, increase by 13.7% of the pension calculated according to point h of this clause as stipulated in Decree No. 23/2011/NĐ-CP dated April 4, 2011.

When the Government continues to adjust pension benefits, the pension benefits of the relevant subjects will be correspondingly adjusted.

Example 7: In the case of Mr. Tran Van T from Example 4 (monthly pension calculated in Example 6), his monthly pension is adjusted as follows:

- Increased by 10% pursuant to Decree No. 208/2004/ND-CP: 866,183 VND x 1.10 = 952,801 VND

- Increased by 8% pursuant to Decree No. 117/2005/ND-CP: 952,801 VND x 1.08 = 1,029,025 VND

- Increased by 20.7% pursuant to Decree No. 118/2005/ND-CP: 1,029,025 VND x 1.207 = 1,242,033 VND

- Increased by 8% pursuant to Decree No. 93/2006/ND-CP: 1,242,033 VND x 1.08 = 1,341,396 VND

- Increased by 28.6% pursuant to Decree No. 94/2006/ND-CP: 1,341,396 VND x 1.286 = 1,725,035 VND

- Increased by 20% pursuant to Decree No. 184/2007/ND-CP: 1,725,035 VND x 1.20 = 2,070,042 VND

- Increased by 15% pursuant to Decree No. 101/2008/ND-CP: 2,070,042 VND x 1.15 = 2,380,548 VND

- Increased by 5% pursuant to Decree No. 34/2009/ND-CP: 2,380,548 VND x 1.05 = 2,499,575 VND

- Increased by 12.3% pursuant to Decree No. 29/2010/ND-CP: 2,499,575 VND x 1.123 = 2,807,023 VND

Mr. T's pension from May 1, 2010 to April 30, 2011 was 2,807,023 VND/month.

From May 1, 2011, Mr. T's pension was increased by 13.7% pursuant to Decree No. 23/2011/ND-CP: 2,807,023 VND x 1.137 = 3,191,585 VND/month.

4. In cases where the subjects are subject to the provisions of Article 2 of this Circular but receive living expenses, the monthly pension amount received shall be equal to the general minimum wage as prescribed by the Government for each period.

Article 6. Health insurance, death benefits, and one-time regional allowance

1. Subjects entitled to monthly retirement benefits shall enjoy health insurance according to the laws on health insurance; upon death, the person responsible for burial shall receive funeral assistance, and relatives shall receive monthly or one-time survivor benefits according to the current laws on social insurance.

2. For subjects specified in Clause 1, 3, and 4 of Article 2 of this Circular who passed away before April 1, 2011, one of the relatives of the subject (spouse, father, mother, biological child, adopted child, or legally recognized foster child) may represent them to receive a one-time benefit of 3,600,000 VND (three million six hundred thousand VND).

3. For subjects specified in Clause 1, 3, and 4 of Article 2 of this Circular who passed away after April 1, 2011 but have not yet received monthly pensions as stipulated in Article 5 of this Circular, the relatives of the subject shall be entitled to back pay for the monthly pension from May 1, 2010 until the month of the subject's passing, and shall also be entitled to the benefits stipulated in Clause 1 of this Article.

4. If the subjects specified in Article 2 of this Circular have worked with social insurance contributions including regional allowances, or are considered to have made such contributions including regional allowances during their working period, then the subjects or their relatives (in cases where they have passed away) shall be entitled to a one-time regional allowance according to the provisions of Decree No. 122/2008/ND-CP dated December 4, 2008 of the Government on implementing regional allowances for retirees, one-time social insurance benefits, disability allowances, and monthly allowances for occupational accidents and occupational diseases.

Chapter III

DOCUMENTS, PROCEDURES FOR IMPLEMENTATION, AND FUNDS ASSURED

Article 7. Documents for reviewing entitlement to benefits

1. The documents for requesting review of entitlement to monthly pension benefits include:

a) Personal declaration form of the subject (five copies) according to Model No. 01 issued together with this Circular;

b) One or several original documents, or documents considered as original, or related documents (originals or certified copies or copies certified by the Personnel Department of the Provincial Police Force or equivalent) serving as grounds for review must contain sufficient elements to determine the actual working period in the People's Public Security Forces or the People's Army (months, years of joining the Public Security or enlisting, discharge, resignation, going abroad for international labor cooperation, transfer to another profession, becoming a worker or civil servant in the Public Security) and the salary progression of the five years immediately before discharge or resignation, including:

- Officer's curriculum vitae, or military personnel's curriculum vitae, or Party member's curriculum vitae, or social insurance book;

- Decision on resignation, discharge, transfer to another profession, becoming a worker or civil servant in the Public Security; social insurance payment declaration form or decision on discharge or resignation benefits;

- Other related documents that can prove the working period in the Public Security Forces and salary progression such as recruitment decisions, transfer orders, appointment orders, rank promotion decisions, salary increase decisions; admission notices to public security schools; officer lists; decisions on issuing disability certificates and disability allowances, disability certificates (for subjects who are war invalids)...

- In cases where there are no documents to determine the working period in the Public Security Forces or the People's Army, a confirmation letter from the working unit (at the level of Department, Bureau, Provincial Police Force or equivalent) before the Public Security officers resign, are discharged, or go abroad for international labor cooperation (if the working unit has been dissolved or divided into multiple units, then the superior managing unit according to the authority managing the files shall confirm);

 - War Merit Medals and other forms of commendation;

c) Request document for reviewing entitlement to benefits (with attached list) of the Provincial Police Force where the subject registers permanent residence according to Model No. 02 issued together with this Circular.

2. Documents for requesting one-time benefit entitlement include:

a) Family member declaration form (three copies) according to Model No. 06 issued together with this Circular;

b) One of the documents specified in point b Clause 1 of this Article.

3. The documents for receiving monthly pension benefits that have been reviewed and approved by the Social Insurance of the Public Security Forces and transferred to the Social Insurance of the province or centrally-administered city where the beneficiary has registered their permanent residence for management and payment of the pension include:

d) Request document for reviewing entitlement to benefits (with attached list) of the Provincial Police Force where the subject registers permanent residence according to Model No. 02 issued together with this Circular.

3. Documents for monthly pension benefit entitlement transferred to the Social Insurance of the province or centrally-administered city where the subject registers permanent residence for management and payment of pension include:

b) Decision on receiving monthly pension benefits of the Director of the Social Insurance of the Public Security Forces according to Model No. 04 attached to this Circular;

c) Record of working experience eligible for social insurance benefits according to Model No. 05 attached to this Circular.

d) Personal declaration form according to Model No. 01 attached to this Circular.

4. The documents for receiving one-time assistance that have been reviewed and approved by the Social Insurance of the Public Security Forces and transferred to the Social Insurance of the province or centrally-administered city where the family members of the beneficiary have registered their permanent residence for payment of the assistance include:

4. Documents for monthly pension benefit entitlement transferred to the Vietnam Social Insurance for management and storage include the documents specified in Points b, c, and d Clause 3 above.

Article 8. Procedures and responsibilities for implementation

1. The subject or family member of the subject prepares the declaration form according to the model and submits the required documents as stipulated in points a and b Clause 1 or points a, b, and c Clause 2 of Article 7 of this Circular to the County, District, City District, or City under Province Police where the subject registers permanent residence.

2. County, District, City District, or City under Province Police

a) Guide and organize the receipt of documents from the subject or family member of the subject with permanent residence registration in their jurisdiction;

b) Organize verification, investigation, compile lists, submit documents, and report to the Provincial Police.

3. Provincial Police

a) Receive documents transferred from the County, District, City District, or City under Province Police;

b) Organize verification, investigation, examination, and prepare request documents for reviewing entitlement to benefits as stipulated in Clause 1 or Clause 2 of Article 7 of this Circular and send them to the Social Insurance of the Public Security Forces (Policy Department, Construction Force General Bureau of the Public Security Forces);

c) Receive documents transferred back from the Social Insurance of the Public Security Forces after processing; organize the issuance of retirement certificates to subjects entitled to monthly pension benefits; pay one-time allowances; retroactively pay pensions (including regional allowances if applicable) to the family members of deceased subjects according to the decision of the Director of the Social Insurance of the Public Security Forces and settle accounts with the Finance Department, Ministry of Public Security as prescribed;

d) Transfer one set of documents for monthly pension benefit entitlement as stipulated in Clause 3 of Article 7 of this Circular to the Social Insurance of the province or centrally-administered city for management and payment of pension to the subject.

4. Social Insurance of the People's Public Security

a) Receive and examine documents for benefit entitlement.

b) Within thirty days from the date of receiving complete and valid documents from the Provincial Police, issue decisions on monthly pension benefits, one-time allowance benefits; assign file numbers for monthly pension benefits; issue retirement certificates; issue introduction letters for benefit entitlement; issue decisions on retroactive payment of retained wages, funeral expenses, one-time (or monthly) survivor's pension for deceased subjects as stipulated in Clause 3 of Article 6 of this Circular; store one set of documents and transfer processed documents back to the Provincial Police as prescribed;

c) Transfer one set of documents as stipulated in Clause 4 of Article 7 of this Circular to the Vietnam Social Insurance for management and storage;

d) Summarize the proposals of local police departments and send them to the Finance Department, Ministry of Public Security as the basis for preparing budgets for one-time allowance payments and retroactive pension payments as stipulated in Clauses 2, 3, and 4 of Article 6 of this Circular.

Article 9. Funding Assurance

1. The funding for establishing and reviewing applications for monthly pension benefits and one-time allowance benefits as stipulated in this Circular is 20,000 VND/application (twenty thousand VND per application), and the funding for paying one-time allowances (including arrears of pensions, funeral expenses, one-time survivor's allowance, and one-time regional allowance) shall be guaranteed by the state budget and allocated by the Ministry of Finance to the Ministry of Public Security.

2. The funding for paying monthly pensions shall be guaranteed by the state budget and allocated in the annual budget of the Vietnam Social Security.

Chapter IV

IMPLEMENTATION

Article 10. Responsibilities of Ministries and Sectors

1. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance to direct, guide, inspect, and resolve any difficulties and issues arising during implementation. Direct subordinate agencies and units to publicize, guide, inspect, and organize implementation, specifically as follows:

a) The General Department of Police Force Construction shall publicize policies; guide, inspect, and direct the organization of implementation of Decree No. 159/2006/NĐ-CP dated December 28, 2006; Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government, and this Circular. Lead and coordinate with internal and external agencies within the police force to monitor, inspect, propose solutions to difficulties and issues arising during implementation.

b) The Financial Bureau shall prepare the budget for ensuring implementation according to Clause 1 of Article 9 of this Circular for the Ministry of Public Security to submit to the Ministry of Finance for approval and allocation of funds. Organize the provision of funds to local police units and settle accounts according to regulations.

c) Local police units shall publicize, implement, and organize implementation according to this Circular. Coordinate and provide relevant files and materials or confirm the working period of individuals who have worked at the unit when requested by the local police where the individual or their relatives have registered permanent residence to serve as a basis for resolving benefits.

2. Ministry of Finance

Ensure funding for implementing the benefits and policies stipulated in Decree No. 159/2006/NĐ-CP dated December 28, 2006; Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government, and this Circular.

3. Ministry of Labor, Invalids and Social Affairs

a) Coordinate with the Ministry of Public Security and the Ministry of Finance to guide, inspect, and resolve difficulties and issues arising during implementation of this Circular.

b) Guide the adjustment of monthly pensions according to government regulations for police officers who have been receiving monthly pensions under this Circular.

c) Direct provincial Departments of Labor, Invalids and Social Affairs to accept monthly allowances paid by individuals according to Clause 4, Article 11 of this Circular.

4. Vietnam Social Security

a) Guide provincial Social Insurance offices to accept retirement benefit applications transferred from the Social Insurance Office of the People's Public Security; manage and pay monthly pensions and other benefits to retirees according to this Circular.

b) Receive files for monthly pensions transferred by the People's Public Security Social Insurance Organization and store them in accordance with regulations.

Article 11. Implementation Provisions

1. This Circular takes effect from September 1, 2011. The benefits and policies stipulated in this Circular shall be implemented from May 1, 2010.

2. When receiving monthly retirement benefits, individuals do not need to return the one-time separation allowance they have received. Individuals who simultaneously receive monthly retirement benefits and are also war invalids shall continue to enjoy benefits and rights for war invalids according to current laws on preferential treatment for persons with meritorious service in the revolution.

3. For individuals who have been resolved for retirement benefits according to Decree No. 159/2006/NĐ-CP and now fall under the supplementary provisions of Decree No. 11/2011/NĐ-CP, if their retirement calculation period increases, their pension will be adjusted accordingly based on their actual working time and new base salary for calculating the pension (if there is a change) according to regulations from May 1, 2010.

4. For individuals who have been resolved for one-time allowances or monthly allowances according to Decision No. 142/2008/QĐ-TTg dated October 27, 2008, Decision No. 38/2010/QĐ-TTg dated May 6, 2010, or Decision No. 53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister, if they now meet the conditions to receive monthly retirement benefits according to Decree No. 11/2011/NĐ-CP, they shall switch to receiving monthly retirement benefits according to Article 5 of this Circular while ceasing to receive monthly allowances from May 1, 2010. When receiving monthly retirement benefits, these individuals must return the amount of allowance they have received to the unit that provided the one-time allowance or to the provincial Department of Labor, Invalids and Social Affairs where the monthly allowance was paid (for those receiving monthly allowances) to be deposited into the state budget according to regulations.

Individuals who have served both in the People's Public Security and the People's Army, if they were part of the People's Public Security before their final discharge or resignation, shall have their retirement benefits or one-time allowances resolved by the Ministry of Public Security according to Articles 5 and 6 of this Circular.

For police officers falling under Article 2 of this Circular, who were disciplined with revocation of their police title or sentenced to imprisonment before January 1, 1995 and have completed their sentences but have not yet had their benefits and policies resolved, the Ministry of Public Security shall consider the degree of violation and contribution of each case individually to resolve retirement benefits after consultation with the Ministry of Labor, Invalids and Social Affairs. During implementation, if there are difficulties, agencies and units are advised to report to the inter-ministerial body (through the General Department of Police Force Construction, Ministry of Public Security) for timely consideration, resolution, and supplementary guidance.

During implementation, if there are difficulties, agencies and units are advised to report to the inter-ministerial body (through the General Department of Police Force Construction, Ministry of Public Security) for timely consideration, resolution, and supplementary guidance.