Decree No. 102/2004/NĐ-CP detailing the implementation of certain provisions of the Confidentiality Law regarding the regime and policies for personnel engaged in confidentiality work upon retirement, transfer to another field, termination of employment, or transfer to other work within confidentiality organizations.

DECREE

Regulations detailing the implementation of certain provisions of the Confidential Service Ordinance regarding the treatment and policies for confidential service personnel retiring, transferring to other sectors, or ceasing employment

or transferring to other work within confidential organizations

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Cryptographic Law dated April 4, 2001;
At the proposal of the Director of the Government Confidential Service Board,

DECREE

PART I

GENERAL PROVISIONS

Article 1. This Decree details the implementation of certain provisions of the Confidential Service Ordinance regarding the treatment and policies for confidential service personnel currently receiving military salary tables but not being military personnel or People's Police when retiring, transferring to other sectors, ceasing employment, or transferring to other work within confidential organizations.

Article 2. Confidential service personnel who retire, transfer to other sectors, cease employment, or transfer to other work within confidential organizations shall enjoy treatment and policies as prescribed by the Confidential Service Ordinance, detailed in this Decree, and other relevant current laws.

Article 3. The state budget ensures funding for implementing certain treatment and policy provisions stipulated in this Decree for personnel working in confidential organizations and provides funding for social insurance contributions for the training period at confidential schools for confidential service personnel.

Chapter II

TREATMENT AND POLICIES FOR CONFIDENTIAL SERVICE PERSONNEL CEASING EMPLOYMENT IN CONFIDENTIAL ORGANIZATIONS

PART I

TREATMENT AND POLICIES FOR CONFIDENTIAL SERVICE PERSONNEL RETIRING

Article 4.

1. Confidential service personnel who cease employment shall be entitled to monthly retirement benefits when they meet the conditions specified in Clause 1 or Clause 2 of Article 23 or Article 24 of the Social Insurance Charter applicable to officers, professional military personnel, and soldiers of the Vietnam People's Army and the Vietnam People's Public Security Force issued together with Decision No. 45/CP dated July 15, 1995 of the Government; Article 27 of Decision No. 45/CP amended and supplemented by Decision No. 89/2003/NĐ-CP dated August 5, 2003 on amending and supplementing some articles of the Social Insurance Charter applicable to officers, professional military personnel, non-commissioned officers, and soldiers of the Vietnam People's Army and the Vietnam People's Public Security Force issued together with Decision No. 45/CP dated July 15, 1995 of the Government.

2. In cases where the conditions for retirement as stipulated in Clause 1 of this Article have not been met, but the confidential organization no longer has a need to arrange employment within the confidential organization or cannot transfer to another sector, confidential service personnel who cease employment shall be entitled to monthly retirement benefits when they meet the following conditions:

Having worked for at least 25 years for males and 20 years for females in confidential organizations and having paid social insurance premiums accordingly.

The time worked in confidential organizations includes: time spent on confidential work and time spent on other work in confidential organizations, of which there must be at least five years counted towards seniority in the confidential sector. The time worked in confidential organizations is calculated in years (without conversion according to coefficients), if there are intermittent periods, they are accumulated.

Article 5. The calculation of the monthly retirement benefit for confidential service personnel shall be carried out in accordance with the provisions of Article 25 of the Social Insurance Charter issued together with Decision No. 45/CP dated July 15, 1995, and Articles 25 and 26 of Decision No. 45/CP amended and supplemented by Decision No. 89/2003/NĐ-CP dated August 5, 2003 on amending and supplementing some articles of the Social Insurance Charter applicable to officers, professional military personnel, non-commissioned officers, and soldiers of the Vietnam People's Army and the Vietnam People's Public Security Force issued together with Decision No. 45/CP dated July 15, 1995 of the Government.

PART II

TREATMENT AND POLICIES FOR CONFIDENTIAL SERVICE PERSONNEL TRANSFERRING TO OTHER SECTORS

Article 6. Confidential service personnel who transfer to work in the state administrative apparatus, political organizations, political-social organizations, and receive salaries from the state budget shall enjoy the following rights:

1. Priority in job placement suitable to their specialized profession, technical skills, and business operations; training and upgrading in necessary specialized and operational knowledge appropriate to the tasks undertaken.

2. Exemption from competitive examinations and placement in positions corresponding to their specialized and operational expertise, if transferred according to the requirements of competent state authorities.

3. Receiving and enjoying salaries based on new jobs and positions from the date of the transfer decision. If the coefficient of the new salary level is lower than the coefficient of the salary level enjoyed by the confidential service personnel at the time of transfer, the difference in coefficients between the confidential service personnel's salary level and the new salary level will be retained for 18 months from the date of the transfer decision and paid by the new agency or unit. During the retention period, if the new salary coefficient is increased to or above the confidential service personnel's salary coefficient before the transfer, the new salary coefficient will apply.

4. For confidential service personnel who have transferred to other sectors and then retire, the specific calculation of the retirement salary is as follows:

a) The retirement salary basis at the time of retirement shall be the salary at the time of retirement plus the seniority allowance calculated based on the time worked in confidential organizations at the time of transfer, serving as the basis for calculating the retirement salary.

b) In cases where the retirement salary calculated according to point a of Clause 4 of this Article is lower than the retirement salary calculated based on the salary before transferring out of the confidential sector, the salary before transferring out of the confidential sector shall be used to calculate the retirement salary.

Article 7. Confidential service personnel who transfer to work in other organizations not receiving salaries from the state budget shall be entitled to severance pay as stipulated in Clause 2 of Article 8 of this Decree and retain the portion of social insurance for the time spent in confidential service.

PART III

TREATMENT AND POLICIES FOR CONFIDENTIAL SERVICE PERSONNEL CEASING EMPLOYMENT

Article 8. Confidential service personnel who cease employment but do not meet the conditions for retirement or cannot transfer to other sectors shall be settled back to their place of origin and enjoy the following rights:

1. A job creation subsidy equal to six months of the minimum wage set by the State; priority in vocational training or job introduction at labor service centers of ministries, sectors, mass organizations, localities, and other economic-social organizations.

2. Entitled to a one-time severance allowance: for each year of service, it is calculated as one month of current salary and allowances (if any). In cases where the period of service is less than six months but at least one month, it is counted as half (1/2) a year; periods exceeding six months are counted as a full year.

The time for calculating entitlement to a one-time severance allowance includes the total time served in state security organizations (including time spent on state security work and other work within such organizations), time served in central and local Party and State agencies, social organizations, and mass organizations, and time working under contracts with social insurance contributions (if any).

3. Entitled to social insurance benefits and other benefits as prescribed by current laws.

4. A person who has left state security work and returned to their place of origin within one year from the date of signing the decision to terminate employment, if they find new employment and request a change of profession, may be entitled to the change-of-profession regime. When implementing the change-of-profession regime, they must return the severance allowance as stipulated in Clauses 2 and 3 of this Article.

PART IV

CONVERSION OF TIME FOR CALCULATING BENEFITS WHEN TERMINATING WORK IN STATE SECURITY ORGANIZATIONS FOR PERSONS ENGAGED IN STATE SECURITY WORK

Article 9. Persons engaged in state security work who have combat experience, directly serving in combat operations, or working in areas, sectors, or professions with special characteristics shall have their time converted as follows to calculate entitlement to a one-time severance allowance when terminating service in state security organizations:

1. Persons engaged in state security work with combat experience or directly serving in combat operations shall have their time converted at a rate of one year equivalent to one year and six months.

2. Persons engaged in state security work with time spent working in areas with special allowances at 100% or in special sectors classified as particularly arduous, toxic, or dangerous labor shall have their time converted at a rate of one year equivalent to one year and four months.

3. Persons engaged in state security work with time spent working in areas with regional allowances of 0.7 or higher or in special sectors classified as arduous, toxic, or dangerous labor shall have their time converted at a rate of one year equivalent to one year and two months.

If a person engaged in state security work meets two or three of the conditions specified above during the same period of service, they shall be entitled to the highest conversion rate. Discontinuous periods of service mentioned above shall be accumulated to determine eligibility.

Article 10. Additional time resulting from the conversion provisions set forth in Article 9 of this Decree shall be calculated for persons engaged in state security work who terminate their work in state security organizations (retirement, change of profession, termination of employment) at a rate of one additional year equivalent to one month of current salary and allowances (if any).

Chapter III

REGIME AND POLICIES FOR PERSONS ENGAGED IN STATE SECURITY WORK WHO TRANSFER TO OTHER WORK IN STATE SECURITY ORGANIZATIONS

Article 11. Persons engaged in state security work who transfer to other work in state security organizations shall be assigned a salary based on the new job.

The level of salary assigned upon transferring to other work shall be based on the sector or group of sectors of cadres arranged, educational qualifications, training, and the duration of holding the current pay grade coefficient. In cases where the new pay grade coefficient is lower than the previous pay grade coefficient before transferring to the new job, the difference between the previous and new pay grade coefficients shall be retained until the salary is increased to the same or higher level.

Article 12. Persons engaged in state security work who have transferred to other work in state security organizations and retire shall be entitled to benefits as prescribed for persons engaged in state security work who change professions and retire under Clause 4, Section II, Chapter II of this Decree.

Chapter IV

HANDLING VIOLATIONS

Article 13.

1. The rights of persons engaged in state security work stipulated in this Decree shall be reduced or revoked if the application materials are falsified or tampered with to obtain benefits; improperly obtained benefits must be repaid.

In cases where improper application materials result in persons engaged in state security work not receiving the correct benefits, their rights shall be restored according to the regulations.

2. In addition to the measures provided for in Clause 1 of this Article, individuals who falsify or forge application materials shall, depending on the nature and severity of the violation, be subject to disciplinary action, administrative penalties, or criminal prosecution and must compensate for losses (if any) as prescribed by law.

Chapter V

IMPLEMENTING PROVISIONS

Article 14. This Decree shall take effect fifteen days after its publication in the Official Gazette.

All previous regulations concerning the regime and policies for persons engaged in state security work when retiring, changing professions, terminating employment, or transferring to other work in state security organizations that conflict with the provisions of this Decree are hereby abolished.

Article 15. The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Finance, and the State Security Administration to guide and monitor the implementation of this Decree.

Article 16. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and municipal People's Committees directly under the Central Government, and agencies and organizations using state security services shall be responsible for implementing this Decree.