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

JOINT CIRCULAR

Guidelines for Implementing Decision No. 289/2005/QĐ-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

concerning salaries and allowances for officers and non-commissioned officers receiving salaries who have transferred from the People's Public Security Force

People's Police transfer to the sector

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Based on Decision No. 289/2005/QĐ-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/LĐTBXH-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. SUBJECTS AND SCOPE OF APPLICATION

This Circular applies to officers and non-commissioned officers in the business sector; officers and non-commissioned officers in technical and professional sectors 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, state-owned public institutions, 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 enterprises.

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 positions and retain salary (if applicable) from the date of the decision on transfer in accordance with Clause 6 and Clause 7, Section III of Circular No. 79/2005/TT-BNV dated August 10, 2005 of the Ministry of Home Affairs guiding the transfer of salary grading for civil servants, officials, and employees when changing jobs and cases of being transferred to work in state agencies and public institutions from the armed forces, cryptologic services, and state-owned enterprises.

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 People's Committee of Province H and is assigned a salary coefficient of 5.42 (Grade 4, Group A2.1). Therefore, starting from December 1, 2005, Comrade T will enjoy retained salary as follows:

The retention coefficient difference of 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, an officer in the technical and professional sector, receiving a salary coefficient of 5.90 (Grade 10, Group 2 of the Intermediate Level) + 5% seniority allowance exceeding 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 (Grade 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 of 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 positions from the date of the decision on transfer based on the principle: Transfer salary according to job position and held office. The basis for assigning salary is based on the assigned job; technical grade standards; professional and business grade standards; company category and wage scale applied according to Government Decree No. 205/2004/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: Refer to the category of State-Owned Enterprise to assign Grade 1 of the appointed position.

- If assigned to work in the category of professional and business staff, administrative and service staff: Salary assignment shall refer to 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, following the principle that the grade and salary coefficient assigned shall not exceed those specified in Circular No. 79/2005/TT-BNV.

- If assigned according to the wage scale of production and business workers: The grade of salary 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 exceeding 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, starting 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 of 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, an officer in the technical and professional sector, receiving a salary coefficient of 5.20 (Grade 10, Group 2 of the Primary Level) + 6% seniority allowance exceeding 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 of 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 the same or higher than the pre-transfer salary coefficient, the retention of the coefficient difference will cease from the date of the salary grade increase.

3. The retention coefficient difference shall be calculated for social insurance contributions and benefits in accordance with regulations.

III. IMPLEMENTATION

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

2. Wages shall be calculated based on the retention coefficient difference paid by the agency, unit, or company receiving police officers and non-commissioned officers for their work, to be included in the monthly salary during the same period.

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

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