Circular No. 06/2006/TTLT-BCA-BNV-BTC guiding the implementation of Decision No. 289/2005/QĐ-TTg dated November 8, 2005 of the Prime Minister on salaries and allowances for officers and non-commissioned officers under the People's Public Security who transfer to other sectors.

JOINT CIRCULAR

Guidelines for Implementing Decision No. 289/2005/QD-TTg dated November 8, 2005 of the Prime Minister on salaries and allowances for officers and non-commissioned officers receiving salaries who have transferred from the People's Public Security Force

Pursuant to Decision No. 289/2005/QD-TTg dated November 8, 2005 of the Prime Minister on salaries and allowances for officers and non-commissioned officers receiving salaries who have transferred from the People's Public Security Force; after reaching consensus with the Ministry of Labor - Invalids and Social Affairs through Circular No. 2497/LDTBXH-TL dated July 24, 2006; the Ministry of Public Security, the Ministry of Home Affairs, and the Ministry of Finance provide guidelines for implementation as follows:

I. SCOPE AND APPLICABILITY

This Circular applies to officers and non-commissioned officers in specialized positions; officers and non-commissioned officers in technical positions within the People's Public Security Force (hereinafter referred to as officers and non-commissioned officers of the Public Security) who transfer to work in the state administrative apparatus, public institutions funded by the state budget, political organizations, and social-political organizations funded by the state budget (hereinafter referred to as state agencies and units funded by the state budget) and state-owned companies.

II. SALARIES AND ALLOWANCES UPON TRANSFER

1. Officers and non-commissioned officers of the Public Security transferring to work in the state administrative apparatus and units funded by the state budget: Shall implement the transfer of salary grading according to new job assignments and retain salary (if applicable) from the date of the decision on transfer in accordance with the guidance provided in Clause 6 and Clause 7, Section III of Circular No. 79/2005/TT-BNV dated August 10, 2005 of the Ministry of Home Affairs on transferring salary grading for civil servants, public officials, and employees when changing jobs and cases of being transferred from military forces, cryptologic services, and state-owned enterprises to work in state agencies and public institutions.

Example 1: Comrade Nguyen Van T, rank of major (salary coefficient 6.60). From December 1, 2005, Comrade T has a decision to transfer to work at the Office of the Provincial People's Committee and is assigned a salary coefficient of 5.42 (step 4, group A2.1). Therefore, starting from December 1, 2005, Comrade T will enjoy retained salary as follows:

The retention coefficient difference for Comrade T is: 6.60 – 5.42 = 1.18

The minimum retention period is 18 months (until May 2007).

Example 2: Comrade Nguyen Thi K, officer in technical positions, receiving a salary coefficient of 5.90 (step 10, group 2 of the intermediate level) + 5% seniority allowance over the ceiling. From July 1, 2006, Comrade K has a decision to transfer to work in the education sector and is assigned a salary coefficient of 4.06 (step 12, category B). Therefore, starting from July 1, 2006, Comrade K will enjoy retained salary as follows:

The salary coefficient before transfer: 5.90 + (5.90 x 5%) = 6.20

The retention coefficient difference for Comrade K is: 6.20 – 4.06 = 2.14

The minimum retention period is 18 months (until December 2007).

2. Officers and non-commissioned officers of the Public Security transferring to work in state-owned enterprises:

    a) Shall be assigned a salary according to new job assignments from the date of the decision on transfer based on the principle: Transfer salary according to job and position held. The basis for assigning salary is based on the job assigned; technical worker standard title; professional and specialized standard title; company grade and wage scale applied according to Government Decree No. 205/2005/NĐ-CP dated December 14, 2004, specifically as follows:

- If appointed to hold positions such as Chairman of the Board of Directors, full-time member of the Board of Directors; General Director, Deputy General Director; Director, Deputy Director; Chief Accountant: Based on the grade of the State-Owned Enterprise Corporation, Company to assign the first step of the position appointed.

- If assigned to work in the category of professional and specialized staff, administrative and service staff: The assignment of salary shall refer to the provisions of Clause 6 and Clause 7, Section III of Circular No. 79/2005/TT-BNV dated August 10, 2005 of the Ministry of Home Affairs to implement, based on the principle that the rank and salary coefficient assigned shall not exceed the rank and salary coefficient prescribed in Circular No. 79/2005/TT-BNV.

- If assigned according to the wage scale of direct production and business workers: The assignment of wage steps shall be based on skill level, years of service, and general comparison within the unit to implement.

    b) In case the new salary coefficient assigned is lower than the old salary coefficient plus seniority allowance over the ceiling (if any) of officers and non-commissioned officers of the Public Security before transfer (hereinafter referred to as the old salary coefficient), then the difference between the old salary coefficient and the new salary coefficient shall be retained for a minimum period of 18 months, from the date of the decision on transfer.

Example 3: Comrade Tran Van P, rank of lieutenant colonel (salary coefficient 6.00). From April 1, 2006, Comrade P has a decision to transfer to work at Company A and is assigned a salary coefficient of 4.51. Therefore, starting from April 1, 2006, Comrade P will enjoy retained salary as follows:

The retention coefficient difference for Comrade P is: 6.00 – 4.51 = 1.49

The minimum retention period is 18 months (until September 2007).

Example 4: Comrade Nguyen Van T, officer in technical positions, receiving a salary coefficient of 5.20 (step 10, group 2 of the primary level) + 6% seniority allowance over the ceiling. From August 1, 2006, Comrade T has a decision to transfer to work at Company M and is assigned a salary coefficient of 3.62. Therefore, starting from August 1, 2006, Comrade T will enjoy retained salary as follows:

The salary coefficient before transfer: 5.20 + (5.20 x 6%) = 5.51

The retention coefficient difference for Comrade T is: 5.51 – 3.62 = 1.89

The minimum retention period is 18 months (until January 2008).

    c) During the period of enjoying the retention coefficient difference, if there is a promotion in salary grade, the retention coefficient difference will be reduced accordingly; if the salary coefficient is increased to or above the old salary coefficient before transfer, then the retention of the coefficient difference will cease from the date of promotion.

3. The retention coefficient difference will be calculated for contribution and enjoyment of social insurance benefits as prescribed.

III. IMPLEMENTATION

1. This Circular takes effect 15 days after its publication in the Official Gazette.

2. The salary shall be calculated based on the retention coefficient difference paid by the agency, unit, or company receiving officers and non-commissioned officers of the Public Security to work, which is included in their monthly salary during the same period.

In cases where officers and non-commissioned officers of the Public Security transfer to work at state-owned companies, this amount of salary shall be accounted for in the product cost or business expenses.

During the implementation process, if there are any difficulties, the ministries, sectors, and localities shall report to the Ministry of Public Security, the Ministry of Home Affairs, and the Ministry of Finance for research and resolution.

 
Place of Receipt:
- PRIME MINISTER, DEPUTY PRIME MINISTERS OF THE GOVERNMENT;
- Ministries, agencies equivalent to ministries, and government agencies;
- Provincial People's Councils and People's Committees under central jurisdiction;
- National Assembly's Office;
- President's Office;
- Supreme People's Procuracy;
- Supreme People's Court;
- Central Party Office, Party Committees at the central level;
- Legal Documents Inspection Department (Ministry of Justice);
- Official Gazette, Government Website;
- Ministry of Public Security: Minister, all Departments, all General Directorates, Bureaus... under the Ministry;
Public Security of provinces and centrally-administered cities;
- Provincial Department of Home Affairs, Provincial Department of Finance of provinces and centrally-administered cities;
- To be filed: Ministry of Public Security (V11, V19, X13), Ministry of Home Affairs, Ministry of Finance.