DECREE NO. 103/2015/ND-CP PROVIDING DETAILED REGULATIONS AND MEASURES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON PEOPLE'S POLICE

DECREE

Detailed regulations and implementation measures for certain provisions of

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Pursuant to the Law on Government Organization dated December 25, 2000,1;

Pursuant to the Law on the People's Police dated July 27, 11 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;14;

At the proposal of the Minister of Public Security,

At the proposal of promulgates this Decree detailing and providing implementation measures for certain provisions ofNo. INDUSTRIAL EXPLOSIVES - TNP1 EXPLOSIVESonthe Law on the People's Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details and provides implementation measures for certain provisions of the Law on the People's Public Security regarding: Recruitment of citizens into the People's Public Security; positions and equivalent ranks to the position of Director-General and Commander within the People's Public Security; age limits for service of officers in the People's Public Security; policies and benefits for officers, non-commissioned officers, and soldiers of the People's Public Security upon retirement, transfer to other sectors, or termination of service in the People's Public Security.

Article 2. Applicability

1. Units and local public security agencies; officers, non-commissioned officers, and soldiers of the People's Public Security.

2. Agencies, organizations, Vietnamese citizens, and foreign organizations and individuals residing or operating within the territory of the Socialist Republic of Vietnam must comply with the provisions of this Decree and related legal regulations. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaties shall be applied.

Chapter II

RECRUITMENT OF CITIZENS INTO THE PEOPLE'S PUBLIC SECURITY

Article 3. Objectives and principles of recruitment of citizens into the People's Public Security

1. Recruitment of citizens into the People's Public Security aims to supplement cadres meeting necessary standards and qualifications for the work and combat operations of the People's Public Security at each period.

2. Recruitment of citizens into the People's Public Security must ensure the following principles:

a) Centralized democracy, emphasizing the responsibility of the heads of public security units and localities;

b) Transparency, fairness, and compliance with the law;

c) Correct target groups, standards, conditions, procedures, and processes as prescribed by competent authorities;

d) Prioritize recruitment of those with technical expertise and professional skills suitable for public security work; supplementary recruitment for frontline combat forces.

3. Annually, based on requirements for national security protection and social order and safety maintenance, as well as crime prevention and suppression, the Minister of Public Security, in coordination with the Minister of Home Affairs, shall submit to the Prime Minister for approval the total establishment of the People's Public Security. Based on the approved establishment, the Minister of Public Security shall decide on the distribution of the establishment among public security units and localities, and based on that, approve the recruitment quotas for citizens into the People's Public Security.

Article 4. Standards and conditions for recruitment of citizens into the People's Public Security

1. Recruitment standards:

a) Being a citizen of the Socialist Republic of Vietnam;

b) Meeting political standards for public security cadres and soldiers; having good moral character and health; voluntarily serving in the People's Public Security under either a professional system or a recruitment system;

c) Possessing relevant technical expertise, professional skills, and aptitude suitable for public security work.

2. Recruitment conditions:

a) The People's Public Security has a need;

b) Meeting the standards stipulated in Clause 1 of this Article.

3. The Minister of Public Security shall provide detailed regulations for Clause 1 of this Article.

Article 5. Priority recruitment of outstanding students into the People's Public Security

1. The People's Public Security may prioritize the recruitment of outstanding graduates from higher education institutions and vocational training centers who meet the criteria for training and supplementation into the People's Public Security.

2. The Minister of Public Security, in coordination with the Ministers of Education and Training, Home Affairs, Finance, Labor, Invalids, and Social Affairs, shall specify the specific policies and procedures for recruiting outstanding graduates into the People's Public Security. Educational institutions outside the People's Public Security have the responsibility to cooperate and create favorable conditions for the Ministry of Public Security to implement the recruitment of outstanding students according to needs.

3. The recruitment of trainees trained at military schools with appropriate professional qualifications into the People's Public Security shall be regulated by the Minister of Public Security and the Minister of National Defense.

Article 6. Selection and training of citizens from mountainous areas, highlands, remote areas, border regions, and islands for the People's Public Security

1. To meet the needs of national security protection and ensuring social order and safety, combating crime in strategic areas, each year, the Ministry of Public Security shall be prioritized to select citizens from ethnic minority groups or other citizens who have continuously resided for ten years or more in mountainous areas, highlands, remote areas, border regions, and islands with appropriate professional qualifications to join the People's Public Security.

2. The Minister of Public Security shall specify detailed regulations on standards, procedures for selection, training, enhancement, and deployment; take the lead and coordinate with the Ministers of Home Affairs, Finance to formulate and implement policies for the subjects specified in Clause 1 of this Article.

Article 7. Selection and dispatch of officers, non-commissioned officers, and students of the People's Public Security for training at training institutions outside the People's Public Security

1. Each year, the Ministry of Public Security may select and dispatch officers, non-commissioned officers, and students from the academies and colleges of the People's Public Security to domestic and foreign training institutions outside the People's Public Security to train in fields and professions suitable for public security tasks.

2. The Minister of Public Security shall take the lead and coordinate with the Ministers of Education and Training, Defense, Home Affairs, and Finance to detail Clause 1 of this Article.

Chapter III

EQUIVALENT RANKS AND TITLES OF POSITIONS IN THE PEOPLE'S PUBLIC SECURITY

GENERAL DIRECTORS AND COMMANDERS

Article 8. Purpose and criteria for determining equivalent ranks and titles

1. The determination of equivalent ranks and titles to the positions of General Director and Commander in the People's Public Security serves as a basis for planning, implementing training, enhancing, deploying, using, transferring, appointing, dismissing, and implementing policies and benefits for public security officers.

2. Equivalent ranks and titles must meet the following criteria:

a) Appointed by the same authority;

b) Have the same rank and title standards as General Director and Commander.

Article 9. Equivalent ranks and titles to the positions of General Director and Commander

1. Political Commissar of the Mobile Police Corps Command.

2. The supplementation of equivalent ranks and titles to the positions of General Director and Commander shall be decided by the Prime Minister.

Chapter IV

AGE LIMIT FOR SERVICE OF PUBLIC SECURITY OFFICERS

Article 10. Maximum age limit for service of public security officers

The maximum age limit for service of public security officers according to rank level shall be implemented as prescribed in Article 29 of the Law on the People's Public Security, specifically:

1. Commissioned officer: Male 53, Female 53;

2. Lieutenant Colonel, Major: Male 55, Female 53;

3. Senior Colonel: Male 58, Female 55;

4. Colonel: Male 60, Female 55;

5. General: Male 60, Female 55.

Article 11. Conditions and duration for extending the service age limit of public security officers who are professors, associate professors, doctors, senior experts, and female general officers

1. Public security officers who are professors, associate professors, doctors, or senior experts may extend their service age limit if they meet the following conditions:

a) The direct using unit or another unit within the People's Public Security genuinely has a need;

b) The officer is in good health, possesses professional qualities and abilities, and voluntarily continues working as required.

2. Public security officers who are professors, associate professors, doctors, or senior experts may extend their service age limit to teach and conduct scientific research at higher education institutions and research institutes within the People's Public Security. The extension period is as follows:

a) Not exceeding ten years for professors;

b) Not exceeding seven years for associate professors;

c) Not exceeding five years for doctors and senior experts.

3. Female public security officers with general rank levels may extend their service age limit and retire according to the provisions of Government Decree No. 53/2015/NĐ-CP dated May 29, 2015, concerning retirement at a higher age for officials and civil servants.

4. During the extended service period, those whose service age limit is extended have the right to request retirement to enjoy retirement benefits as prescribed.

In special cases, extending the service age limit beyond the provisions of Clause 2 and Clause 3 of this Article shall be decided by the President of the State.

5. Procedures and formalities for reviewing the extension of the service age limit for public security officers shall be stipulated by the Minister of Public Security.

Article 12. Regulations and policies for officers extended service age

1. During the period of extended service age, police officers of the People's Public Security shall cease to hold leadership command positions (except for female police officers of the People's Public Security with general rank who are extended service age according to the provisions of Government Decree No. 53/2015/NĐ-CP dated May 29, 2015 on retirement at higher ages for officials and civil servants).

2. Officers extended service age shall enjoy salary and other benefits as prescribed by current regulations.

Article 13. Authority to decide on extending service age for officers of the People's Public Security

1. The examination of extending service age for officers of the People's Public Security with ranks from Deputy Major General and positions from Director of General Departments and above shall be submitted by the Minister of Public Security to the competent authority for decision according to the cadre management hierarchy.

2. The examination of extending service age for officers of the People's Public Security with ranks from Colonel and positions from Deputy Director of General Departments and below shall be decided by the Minister of Public Security.

3. In special cases, the extension of service age for officers of the People's Public Security shall be submitted by the Minister of Public Security to the President for consideration and decision.

Chapter V

REGULATIONS AND POLICIES FOR OFFICERS, NON-COMMISSIONED OFFICERS, AND SOLDIERS OF THE PEOPLE'S PUBLIC SECURITY RETIRING, TRANSFERRING TO OTHER JOBS, OR RESIGNING FROM SERVICE IN THE PEOPLE'S PUBLIC SECURITY

RETIREMENT, TRANSFER OF OCCUPATION, RESIGNATION FROM SERVICE FOR PEOPLE'S POLICE OFFICERS

RETIREMENT, TRANSFER TO ANOTHER FIELD, RESIGNATION FROM SERVICE IN THE PEOPLE'S POLICE

Article 14. Regulations and policies for officers of the People's Public Security retiring

1. Officers of the People's Public Security may retire when meeting one of the following conditions:

a) Meeting the conditions to enjoy pension benefits as stipulated by current laws on social insurance;

b) Reaching the maximum service age as prescribed in Clause 1, Article 29 of the Law on the People's Public Security and having contributed to social insurance for at least 20 years;

c) In cases where officers of the People's Public Security have not met the retirement conditions as stipulated in Points a and b of Clause 1 of this Article, but the People's Public Security no longer has a need to arrange positions or cannot transfer them to other jobs, or if the officers voluntarily request retirement if male officers have served for 25 years and female officers have served for 20 years in the People's Public Security.

2. When retiring, officers of the People's Public Security who have been promoted in rank and grade and have served two-thirds of the term or more while receiving salary for their rank and grade without violating discipline and being evaluated as having fulfilled their tasks or better shall be promoted by one grade.

3. The calculation of monthly pension for officers shall be carried out according to the provisions of the Social Insurance Law and guiding documents.

4. Officers retiring before the highest service age prescribed in Clause 1, Article 29 of the Law on the People's Public Security due to changes in organizational structure and staffing as decided by the competent authority shall, in addition to social insurance benefits under current laws on social insurance, also receive a one-time allowance including:

a) An allowance of three months' salary for each year retired ahead of schedule; the monthly salary for calculating the one-time allowance benefit shall be calculated based on the average monthly salary paid for social insurance over the last five years (60 months) before the officer of the People's Public Security retires;

b) An allowance equal to five months' salary for the first twenty years of work. From the twenty-first year onwards, for each year of work, an allowance equal to half a month's salary before retirement (salary for rank and grade, position level, seniority allowance, or retention coefficient, if any) shall be provided.

5. Retired officers may wear the uniform, badge, and insignia of the People's Public Security on holidays; at meetings and traditional exchanges of the People's Public Security.

6. Local authorities where retired officers reside shall create favorable conditions for their stable living; in cases where they do not have housing, they shall enjoy social housing support policies as prescribed by law.

7. Retired officers shall enjoy medical insurance benefits as prescribed by law and shall be entitled to medical examinations and treatment according to their rank and position or job title before retirement at public security medical facilities as prescribed by the Minister of Public Security.

Article 15. Treatment and policies for police officers and non-commissioned officers of the People's Public Security transferring to other sectors

1. Police officers and non-commissioned officers transferring to work within the state administrative apparatus, political organizations, and socio-political organizations receiving salaries from the state budget, or state companies shall enjoy the following benefits:

a) Priority in job placement suitable to their specialized field, technical skills, and professional duties; training and further education in necessary specialized and professional knowledge appropriate to the tasks they undertake;

b) Exempted from competitive examinations if they transfer back to their original agency or transfer according to the requirements of the competent state authority, and are arranged to work in positions suitable to their expertise and professional qualifications;

c) Ranked and paid according to the new job and position from the date of the decision on sectoral transfer. In cases where the salary coefficient of the new rank or grade is lower than the salary coefficient of the rank or grade held at the time of transfer, the salary level and seniority allowance at the time of transfer shall be retained for a minimum period of 18 months from the date of the sectoral transfer decision, to be paid by the new agency or unit. The continuation of retaining the salary beyond the 18-month period shall be decided by the head of the competent authority managing civil servants, public officials, and employees, in accordance with internal salary relationships. During the period of retaining the salary, the difference in the retention coefficient decreases correspondingly when civil servants, public officials, or employees receive salary increases or seniority allowances exceeding the framework in the rank or grade, or are promoted to a higher rank;

d) In cases where they are recalled to serve in the People's Public Security due to official requirements, the period of sectoral transfer shall be counted towards continuous service time for consideration of promotion in rank or seniority;

đ) Police officers and non-commissioned officers who have transferred to another sector or become civilian workers upon retirement shall have their pension calculated according to the current laws on social insurance;

2. Police officers and non-commissioned officers transferring to work in enterprises or other units not receiving salaries from the state budget shall receive severance pay for leaving the People's Public Security according to Clause 3, Article 16 of this Decree and retain the time already contributed to social insurance according to current laws on social insurance;

Article 16. Treatment and policies for police officers and non-commissioned officers of the People's Public Security upon discharge

Police officers and non-commissioned officers who cease service in the People's Public Security without meeting the conditions for retirement or sectoral transfer shall be discharged to their place of origin and shall enjoy the following benefits:

1. They shall receive job creation assistance according to state regulations; they shall be given priority in vocational training or job placement at labor service centers of ministries, sectors, mass organizations, localities, and other economic and social organizations; they shall be given priority in selection under programs for sending people to work abroad;

2. They shall enjoy social insurance benefits and other benefits as prescribed by law;

3. They shall receive a one-time discharge allowance: For each year of service, it is equivalent to one month of current salary and any allowances (if applicable), and a one-time allowance for additional time due to conversion (if applicable) as stipulated in Clause 2, Article 19 of this Decree;

The monthly salary for calculating the one-time discharge allowance includes: Rank and grade salary, position allowances, seniority allowances, allowances exceeding the framework, or retention coefficients (if applicable);

The service time for calculating the one-time discharge allowance is the time of service, study, and work during which social insurance contributions were made but no discharge allowance or termination allowance was received as prescribed by law;

4. Police officers and non-commissioned officers who have been discharged to their place of origin within a period not exceeding 01 year (not more than 12 months) from the effective date of the discharge decision, if they find new employment and request sectoral transfer, must return the received discharge allowance according to Clauses 2 and 3 of this Article;

Police officers and non-commissioned officers who have been discharged to their place of origin and have received a one-time social insurance payment within a period not exceeding 01 year (not more than 12 months) may, if they wish, return the amount of the one-time social insurance payment received to retain the time of social insurance contribution;

5. In cases where they have served in the People's Public Security for at least 15 years, when ill, they shall be entitled to medical examination and treatment at healthcare facilities of the People's Public Security according to the regulations of the Minister of Public Security.

Article 17. Treatment and policies for police officers and non-commissioned officers of the People's Public Security retiring under the war invalids regime

Police officers and non-commissioned officers of the People's Public Security retiring under the war invalids regime shall enjoy the following benefits:

1. Preferential treatment for persons with meritorious service to the revolution and social insurance benefits as prescribed by law.

2. Wearing public security uniforms, public security badges, rank insignia, and service emblems on holidays; at meetings and traditional exchanges of the public security force.

3. Being provided with favorable conditions to stabilize their lives by local authorities where they reside; in cases where they do not have housing, they shall be entitled to social housing support policies in accordance with the provisions of the law.

4. Receiving medical examination and treatment according to their rank or position before retirement at public security medical facilities in accordance with the regulations stipulated by the Minister of Public Security.

Article 18. Treatment and policies for police officers, non-commissioned officers, and soldiers of the People's Public Security who die or pass away while on duty

1. In case police officers, non-commissioned officers, and soldiers who are on duty and recognized as martyrs, their relatives shall be entitled to benefits in accordance with the provisions of the law on preferential treatment for persons contributing to the revolution, social insurance benefits in accordance with current laws on social insurance, and a one-time allowance as prescribed in Clause 3, Article 16 of this Decree.

2. In case police officers, non-commissioned officers, and soldiers who are on duty and pass away, their relatives shall be entitled to social insurance benefits in accordance with current laws on social insurance, and a one-time allowance as prescribed in Clause 3, Article 16 of this Decree.

The salary used as the basis for calculating the one-time allowance is the salary of the month immediately preceding the time when the police officer or non-commissioned officer of the People's Public Security retires, transfers to another profession, passes away, or leaves military service, including: Rank salary, grade salary, and allowances for position, seniority, or retention coefficient (if applicable).

Article 19. Conversion of time for calculating benefits when police officers and non-commissioned officers of the People's Public Security receiving salaries retire, transfer to another profession, or cease serving in the People's Public Security

1. Police officers and non-commissioned officers receiving salaries who have served directly in combat, supporting combat operations, or working in areas or professions with special characteristics shall be eligible for conversion of time for calculating one-time allowance benefits when ceasing service in the People's Public Security. Specifically, as follows:

a) For police officers and non-commissioned officers receiving salaries who have served directly in combat or supporting combat operations, that period of time shall be converted at a rate of one year equal to one year and six months;

b) For police officers and non-commissioned officers receiving salaries who have served in areas with special area allowances at 100% or in jobs classified as particularly arduous, toxic, or dangerous work, that period of time shall be converted at a rate of one year equal to one year and four months;

c) For police officers and non-commissioned officers receiving salaries who have served in areas with regional allowances from a factor of 0.7 or higher or in jobs classified as arduous, toxic, or dangerous work, that period of time shall be converted at a rate of one year equal to one year and two months;

d) If police officers and non-commissioned officers meet two or three of the above conditions, they shall be entitled to the highest conversion rate. In cases where the periods of service mentioned above are not continuous, they shall be accumulated to determine the total time eligible for benefits. In cases where the periods of service, additional time due to conversion, and early retirement age have fractional months, they shall be calculated according to the principle: less than three months shall not be counted, from three months to six months shall be counted as half a year, and from more than six months to less than twelve months shall be counted as one year.

2. The additional time due to conversion as stipulated in Clause 1 of this Article shall be calculated for one-time allowance benefits at a rate of one year equivalent to one month of the immediate preceding salary before the police officer or non-commissioned officer retires, transfers to another profession, or ceases service.

Chapter VI

IMPLEMENTING PROVISIONS

Article 20. Effective Date

This Decree takes effect from December 6, 2015, and replaces 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 Public Security.

Article 21. Responsibility for Implementation

1. The Minister of Public Security shall take the lead and coordinate with the Ministers of the Ministries of National Defense, Interior, Finance, Labor - Invalids and Social Affairs, and Education and Training to be responsible for guiding and implementing this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.