Circular No. 106/2015/TT-BQP guiding the implementation of Decree No. 26/2015/NĐ-CP dated March 9, 2015 of the Government on the regime and policies for cadres who do not meet the age conditions for re-election or re-appointment to positions or ranks during their term in agencies under the Communist Party of Vietnam, state, political-social organizations, and units under the management of the Ministry of National Defense.

CIRCULAR

Guidelines for implementing Decree No. 26/2015/NĐ-CP dated March 9, 2015 of the Government on the regime and policies for cadres not meeting the age criteria for re-election or re-appointment to positions and titles during their term of office in Party organizations of the Communist Party of Vietnam, state agencies, political-social organizations, and agencies and units under the management of the Ministry of National Defense. Pursuant to Decree No. 26/2015/NĐ-CP dated March 9, 2015 of the Government stipulating the regime and policies for cadres not meeting the age criteria for re-election or re-appointment to positions and titles during their term of office in Party organizations of the Communist Party of Vietnam, state agencies, and political-social organizations (hereinafter referred to as Decree No. 26/2015/NĐ-CP); The Minister of National Defense issues this Circular guiding the implementation of Decree No. 26/2015/NĐ-CP dated March 9, 2015 of the Government on the regime and policies for cadres not meeting the age criteria for re-election or re-appointment to positions and titles during their term of office in Party organizations of the Communist Party of Vietnam, state agencies, political-social organizations, and agencies and units under the management of the Ministry of National Defense.

This Circular guides the implementation of the retirement policy before the statutory age, continued service until the end of the statutory service period, or continued service until reaching the statutory retirement age, or taking leave of absence until the end of the statutory service period, or taking leave of absence until reaching the statutory retirement age for cadres working in agencies and units under the management of the Ministry of National Defense who do not meet the age criteria for re-election or re-appointment to positions and titles during their term of office, or who meet the conditions for re-election to a new term but wish to retire early.

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Considering the proposal of the Director of the Political General Department;

1. This Circular applies to officers, non-commissioned officers (NCOs), and personnel engaged in cryptographic work under the Cryptographic Department of the Government enjoying salaries equivalent to military personnel (hereinafter collectively referred to as cadres), who are members of the Party committees at the grassroots level or higher (both within and outside the Party Committee of the Military) or currently holding positions and titles in state agencies, political-social organizations (at the central and local levels) and agencies and units under the management of the Ministry of National Defense, who do not meet the age criteria for re-election or re-appointment to positions and titles during their term of office, or who are members of the Party committees currently holding positions elected by the People's Councils, who meet the conditions for re-election to a new term but do not meet the age criteria for re-election to positions elected by the People's Councils, who wish not to be re-elected to the Party committee or member thereof, and members of the specialized inspection committees of the Party who meet the conditions for re-election to a new term but wish to retire early with the condition that the remaining age for re-election is six months or less.

Article 1. Scope of Regulation

2. Age for re-election, re-appointment

Article 2. Applicability

The age criteria for re-election or re-appointment to positions and titles during their term of office for cadres as provided in Clause 1 of this Article shall be implemented in accordance with the provisions of law and competent authorities.

3. The following persons are not subject to this Circular:

a) Cadres within the scope of appointment with a fixed or indefinite term to command and management positions in agencies and units under the management of the Ministry of National Defense but who are not currently holding positions and titles during their term of office as mentioned above; cadres who do not meet the criteria for being a member of the Party committee due to moral character, ethics, capability, or violation of discipline.

b) Officers and NCOs who meet the conditions for receiving a one-time allowance upon early retirement at the highest age limit according to their rank as stipulated in Decree No. 21/2009/NĐ-CP dated February 23, 2009 of the Government detailing and guiding the implementation of certain provisions of the Law on Officers of the Vietnam People's Army regarding the regime and policies for officers ceasing active service; officers who die or pass away while on active duty; officers on active duty transferred to NCOs or defense civil servants (hereinafter referred to as Decree No. 21/2009/NĐ-CP).

c) Personnel engaged in cryptographic work under the Cryptographic Department of the Government enjoying salaries equivalent to military personnel who fall within the scope of reduction in staff as stipulated in Decree No. 108/2014/NĐ-CP dated November 20, 2014 of the Government on the policy of reducing staff.

b) Officers and non-commissioned officers who meet the conditions to receive a one-time allowance for retiring before the highest age limit prescribed by Decree No. 21/2009/NĐ-CP dated February 23, 2009, of the Government detailing and guiding the implementation of certain provisions of the Law on Officers of the Vietnam People's Army regarding the treatment and policies for officers leaving active service; officers in active service who die or pass away; and officers in active service who transfer to non-commissioned officer status or defense civil servants (hereinafter referred to as Decree No. 21/2009/NĐ-CP).

c) Civil servants working in cryptographic affairs under the Government Cryptographic Board receiving salaries equivalent to those of military personnel within the scope of reduction in establishment as stipulated in Decree No. 108/2014/NĐ-CP dated November 20, 2014, of the Government on policies for reducing establishment.

Article 3. Regime and policies for cadres who do not meet the age conditions for re-election or re-appointment to retire early, or who meet the conditions for re-election to a new term but wish not to be re-elected to retire early with the remaining election age being six months or less.

1. Cadres meeting the conditions as guided in Clause 1, Article 2 of this Circular, having at least 20 years of social insurance contributions, if they voluntarily submit a retirement application before the age limit and have a retirement decision from the competent authority according to the current management hierarchy of the Ministry of National Defense, apart from the pension benefits stipulated by the law on social insurance, will also enjoy additional benefits as prescribed in Points a, b, and c, Clause 1, Article 3 of Decree No. 26/2015/NĐ-CP. After receiving the retirement preparation decision from the competent authority, during the retirement preparation period, they may be considered for promotion in rank and salary adjustment according to the current regulations of the Ministry of National Defense.

2. Age limit for enjoying allowance benefits

a) The highest age limit for officers serving on active duty according to rank is:

- Sub-officer: Male 46, Female 46;

- Major: Male 48, Female 48;

- Lieutenant Colonel: Male 51, Female 51;

- Colonel: Male 54, Female 54;

- Senior Colonel: Male 57, Female 55;

- General: Male 60, Female 55.

b) The age limit for technical officers serving on active duty corresponding to their ranks is as follows and any subsequent amendments or supplements to regulatory legal documents:

- Sub-officer: Male 46, Female 46;

- Major: Male 48, Female 48;

- Lieutenant Colonel, Colonel: Male 50, Female 50.

c) The retirement age limit for cadres working in cryptographic services under the Government Cryptographic Department receiving salaries equivalent to military personnel as stipulated in the Social Insurance Law.

d) The age for determining early retirement compared to the highest age limit as prescribed is calculated from the month of birth up to the month immediately preceding the month when the cadre retires to receive monthly pension; for members of the Party Committee or specialized members of the Party Inspection Committee at various levels, the age for determining early retirement compared to the highest age limit as directed in Points a, b, and c of this Clause must be at least six months.

3. Military rank for determining the highest age limit corresponding to officers and technical officers as directed in Points a and b of this Clause is the actual military rank according to the ceiling rank of the position held, as issued by the Ministry of National Defense at the time the officer or technical officer receives the retirement preparation decision from the competent authority. In cases where officers or technical officers have been granted a higher rank than the highest rank specified for their position, the military rank for determining the highest age limit must be based on the rank ceiling for the position held (excluding the rank already granted one level higher).

4. Monthly salary and length of service for calculating allowances shall be implemented as prescribed in Clauses 2, 3, and 4, Article 3 of Decree No. 26/2015/NĐ-CP.

Article 4. Regime and policies for cadres who do not meet the age conditions for re-election or re-appointment to continue working until the end of their active service age or continue working until reaching the retirement age Cadres meeting the conditions as guided in Clause 1, Article 2 of this Circular, who have not yet reached the highest age limit for their rank as directed in Points a and b, Clause 2, Article 3 of this Circular, or have not yet reached the retirement age as stipulated in the Social Insurance Law, if they do not wish to retire early, the competent agency or unit shall consider and arrange appropriate positions and during the working period, they will enjoy the regime and policies as prescribed in Clause 2, Article 4 of Decree No. 26/2015/NĐ-CP. If the cadre is reassigned to a lower position, they will enjoy the policy as currently prescribed by the Ministry of National Defense. If it is not possible to arrange an appropriate position, they will be allowed to stop working until the end of their active service age or until they reach the retirement age and will enjoy the regime and policies as directed in Article 5 of this Circular.

Civil servants meeting the conditions specified in Clause 1, Article 2 of this Circular, who have not yet reached the highest age limit for their rank as specified in Point a, Point b, Clause 2, Article 3 of this Circular, or have not yet reached the retirement age as prescribed in the Social Insurance Law, if they do not wish to retire early, shall be considered and assigned appropriate positions by competent authorities and during their service period, they shall enjoy benefits and policies as prescribed in Clause 2, Article 4 of Decree No. 26/2015/NĐ-CP. In cases where civil servants are reassigned to lower positions, they shall enjoy policies as currently prescribed by the Ministry of National Defense. If it is impossible to assign them suitable work, they may wait until they reach the highest age limit for their rank or wait until they reach the retirement age and shall enjoy benefits and policies as guided in Article 5 of this Circular.

Article 5. Treatment and policies for cadres who do not meet the age requirements for reappointment and reassignment to wait until the end of their service term or retirement age Cadres who still have less than two years (less than 24 months) of work before reaching the highest age limit for their rank as stipulated in Point a, Point b Clause 2 Article 3 of this Circular or those who still have less than two years (less than 24 months) of work before reaching the retirement age as prescribed in the Social Insurance Law, if they cannot be assigned a suitable position and do not wish to retire early, shall be allowed to wait until the end of their service term according to their rank or wait until they reach the retirement age. During the waiting period, cadres remain under the management authority of the agency or unit where they work and will enjoy treatment and policies as prescribed in Clause 1, 2, 3, 4 Article 5 Decree No. 26/2015/NĐ-CP. In cases where cadres have good quality and effectiveness in work, good health, and high trustworthiness but do not meet the age requirements for reappointment and reassignment, they may wait until they reach the required age and will enjoy treatment and policies as currently prescribed. wait until reaching the retirement age

Civil servants meeting the conditions specified in Clause 1, Article 2 of this Circular, who will reach the highest age limit for their rank as specified in Point a, Point b, Clause 2, Article 3 of this Circular or will reach the retirement age as prescribed in the Social Insurance Law within less than two years (less than 24 months) of service, if they cannot be assigned suitable positions and do not wish to retire early, shall be allowed to wait until they reach the highest age limit for their rank or wait until they reach the retirement age. During the waiting period, civil servants remain under the management authority of the agency or unit where they work and shall enjoy benefits and policies as prescribed in Clauses 1, 2, 3, and 4, Article 5 of Decree No. 26/2015/NĐ-CP. In cases where civil servants have good quality and efficiency in work, good health, high trust, but do not meet the age condition for re-election or re-appointment, they may wait until they reach the prescribed age and enjoy benefits and policies as currently prescribed.

Article 6. Documents and Authority to Resolve

The documents and authority to resolve treatment and policies for cadres as guided in this Circular shall be implemented according to the guidance provided in Article 15 of the Joint Circular No. 36/2009/TTLT-BQP-BNV-BLDTBXH-BTC dated July 21, 2009, issued by the Ministry of National Defense, the Ministry of Home Affairs, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance guiding the implementation of certain provisions of Decree No. 21/2009/NĐ-CP.

Article 7. Funding Assurance

The funding for implementing the treatment and policies as prescribed in Decree No. 26/2015/NĐ-CP and guided in this Circular shall be guaranteed from the State budget, allocated in the annual state budget estimate of the Ministry of National Defense in accordance with the State Budget Law.

Article 8. Implementation organization

1. General Staff Department, Political Bureau

Direct all agencies and units throughout the military and relevant functional agencies of the Ministry of National Defense to implement, monitor, inspect, and resolve any difficulties and issues arising during the implementation of the treatment and policies as prescribed in Decree No. 26/2015/NĐ-CP and guided in this Circular, and report to the Ministry of National Defense as prescribed.

2. Heads of agencies and units (from Regiment level and equivalent up to units directly subordinate to the Ministry of National Defense)

a) Organize the dissemination and implementation of the regulations stipulated in Decree No. 26/2015/NĐ-CP and guided in this Circular to cadres under their management; direct subordinate agencies and units to strictly, accurately, promptly, and transparently implement these regulations.

b) Direct the functional agencies within the unit to prepare the budget estimate, report to the immediate superior, and carry out settlement and finalization according to the prescribed regulations.

3. Functional agencies of the Ministry of National Defense

a) Policy Department/Political General Staff

Take the lead in coordinating with other functional agencies of the Ministry of National Defense to guide, inspect the implementation of treatment and policies for cadres in agencies and units in accordance with the provisions of Decree No. 26/2015/NĐ-CP and guided in this Circular; at the same time, take the lead in coordinating with other functional agencies to resolve any difficulties and issues arising during the organization and implementation process.

b) Personnel Directorate/Political Bureau; Military Affairs Directorate/General Staff Department

Direct and guide agencies and units to correctly implement the objects as stipulated in Article 2 of this Circular according to the分级管理系统，确保严格。

Coordinate to direct and inspect the organization and implementation of treatment and policies for cadres and resolve any difficulties and issues arising during the process of organization and implementation.

c) Finance Directorate/Ministry of National Defense

Based on Decree No. 26/2015/NĐ-CP and this Circular, guide units to prepare budgets, organize the allocation of funds, and complete settlement and finalization according to the prescribed regulations.

Coordinate to direct and inspect the organization and implementation of treatment and policies for cadres and resolve any difficulties and issues arising during the process of organization and implementation.

d) Social Insurance/Ministry of National Defense

Implement social insurance treatment and policies for cadres in accordance with the laws on social insurance and the provisions of Decree No. 26/2015/NĐ-CP and the guidance provided in this Circular.

Article 9. Effective Date

1. This Circular takes effect from November 4, 2015.

2. The treatment and policies guided in this Circular shall be implemented from January 1, 2015.

Cadres who were decided by competent authorities to wait until the end of their service term or retirement age due to organizational restructuring from the fourth quarter of 2014 but received the retirement decision after January 1, 2015, shall apply the treatment and policies as guided in this Circular.

3. Circular No. 197/2010/TT-BQP dated November 26, 2010, of the Ministry of National Defense guiding the implementation of treatment and policies for cadres in the Vietnam People's Army who do not meet the age requirements for reappointment and reassignment to positions and titles according to terms in the Communist Party of Vietnam, State, political-social organizations, and units in the Vietnam People's Army as prescribed in Decree No. 67/2010/NĐ-CP dated June 15, 2010, of the Government shall cease to be effective from the date this Circular takes effect.

Article 10. Responsibility for Implementation

1. The Chief of General Staff, Director of the Political General Department, heads of agencies and units are responsible for implementing this Circular.

2. Any difficulties encountered during the implementation process should be reported to the Ministry of National Defense (through the Policy Directorate/Political Bureau) for consideration and resolution.