Joint Circular No. 11/2014/TTLT-BQP-BNV-BLDTBXH-BTC guides the implementation of regulations and policies for personnel engaged in cryptographic work upon retirement, transfer to another field, resignation, or sacrifice. It specifies the period of service and salary for calculating one-time allowance benefits.
适用范围
Personnel engaged in cryptographic work are not military personnel or People's Police officers.
要点
- Personnel engaged in cryptographic work who retire before the maximum age limit shall enjoy one-time allowance benefits due to organizational restructuring or reduction in staffing as decided by competent authorities.
- When calculating salary for one-time allowance benefits, personnel engaged in cryptographic work shall be calculated based on the average monthly social insurance contributions of the last five years prior to retirement.
- Personnel engaged in cryptographic work transferring to agencies or units not funded from the state budget must return the employment creation allowance and one-time social insurance allowance they have received.
- Relatives of personnel engaged in cryptographic work who have sacrificed or died shall receive one-time allowance benefits according to their years of service, at a rate of one month's current salary for each year of service.
- Personnel engaged in cryptographic work transferring to other work within cryptographic organizations upon meeting retirement conditions shall receive pension benefits as stipulated by laws on social insurance.
🌐 本文件的社会影响
- Positive impact: Personnel engaged in cryptographic work have more job options after retirement, transfer to another field, or resignation.
- Negative impact: It may impose financial burdens on the state budget if the number of personnel receiving one-time allowance benefits increases.
❓ 常见问题
What benefit does personnel engaged in cryptographic work receive when retiring before the maximum age limit?
Personnel engaged in cryptographic work retiring early as stipulated in Article 27 of the Cryptographic Law shall receive one-time allowance benefits due to redundancy resulting from organizational restructuring or reduction in staffing.
How is the salary calculated for one-time allowance benefits for personnel engaged in cryptographic work?
The monthly salary for calculating one-time allowance benefits is calculated based on the average monthly social insurance contributions of the last five years prior to retirement.
What must personnel engaged in cryptographic work returning to agencies or units not funded from the state budget repay?
When transferring to agencies or units not funded from the state budget, personnel engaged in cryptographic work must return the employment creation allowance and one-time social insurance allowance they have received.
What benefit do relatives of personnel engaged in cryptographic work who have sacrificed or died receive?
Relatives of personnel engaged in cryptographic work who have sacrificed or died shall receive one-time allowance benefits, with one month's current salary for each year of service.
How is the pension calculated for personnel engaged in cryptographic work transferring to other work within cryptographic organizations upon meeting retirement conditions?
For personnel engaged in cryptographic work transferring to other work within cryptographic organizations upon meeting retirement conditions, the pension shall be calculated according to Clause 4, Article 1 of Decree No. 153/2013/NĐ-CP.
全文
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MINISTRY OF NATIONAL DEFENSE - MINISTRY OF HOME AFFAIRS - MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS - MINISTRY OF FINANCE
No.: 11/2014/TTLT-BQP-BNV-BLDTBXH-BTC |
SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom – Happiness
Hanoi, March 5, 2014 |
JOINT CIRCULAR
Guidelines for implementing regulations and policies for personnel engaged in confidential work who retire, change profession, resign, sacrifice, pass away, or transfer to other work within confidential organizations
retire, change profession, resign, sacrifice, pass away, or transfer to other work in a cryptographic organization
engage in other work in a cryptographic organization
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;
Pursuant to Decree No. 61/2012/NĐ-CP dated August 10, 2012, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;
Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Decree No. 32/2013/NĐ-CP dated April 16, 2013 of the Government detailing and guiding the implementation of certain provisions of the Confidential Work Law on regulations and policies for personnel engaged in confidential work;
The Minister of National Defense, the Minister of Home Affairs, the Minister of Labor, Invalids and Social Affairs, and the Minister of Finance issue this Joint Circular guiding the implementation of regulations and policies for personnel engaged in confidential work who retire, change profession, resign, sacrifice, pass away, or transfer to other work within confidential organizations; transferring to work at enterprises, organizations, units not receiving salaries from the state budget; converting time to calculate the one-time allowance regime prescribed in Chapter IV of Decree No. 32/2013/NĐ-CP dated April 16, 2013 of the Government detailing and guiding the implementation of certain provisions of the Confidential Work Law on regulations and policies for personnel engaged in confidential work (hereinafter referred to as Decree No. 32/2013/NĐ-CP).
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Joint Circular guides the implementation of regulations and policies for personnel engaged in confidential work who retire, change profession, resign, sacrifice, pass away, or transfer to other work within confidential organizations; transferring to work at enterprises, organizations, units not receiving salaries from the state budget; converting time to calculate the one-time allowance regime prescribed in Chapter IV of Decree No. 32/2013/NĐ-CP dated April 16, 2013 of the Government detailing and guiding the implementation of certain provisions of the Confidential Work Law on regulations and policies for personnel engaged in confidential work (hereinafter referred to as Decree No. 32/2013/NĐ-CP).
Article 2. Applicability
Personnel engaged in confidential work are not military personnel or public security officers receiving salaries according to the confidential rank salary scale and the confidential technical salary scale (hereinafter referred to as personnel engaged in confidential work).
Article 3. Basis for calculating benefits
1. Salary for Entitlement Calculation
a) Monthly salary for calculating the one-time allowance prescribed in Point b Clause 2 Article 14 of Decree No. 32/2013/NĐ-CP and guided in Clause 3 Article 4 Part I Chapter II of this Joint Circular shall be calculated based on the average monthly salary paid for social insurance of the last five years (60 months) before personnel engaged in confidential work retire. When calculating the average monthly salary, it shall be converted according to the salary system stipulated at the time when personnel engaged in confidential work receive retirement benefits.
b) Monthly salary for calculating the one-time allowance prescribed in Point b Clause 1 Article 17; Article 18; Clause 2 Article 19; Clause 2 Article 20 of Decree No. 32/2013/NĐ-CP and guided in Point b Clause 2 Article 8 Part 3; Point b, Point c Clause 1 and Point b, Point c Clause 2 Article 10, Clause 2 Article 11, Clause 3 Article 12 Part 4 Chapter II of this Joint Circular is the current monthly salary received in the month immediately preceding the date when personnel engaged in confidential work retire, change profession, resign, sacrifice, pass away, or transfer to other work within confidential organizations.
c) The monthly salary for calculating the one-time allowance mentioned in Points a and b of this Clause includes: salary according to the confidential rank salary scale, grade, salary coefficient, and allowances for leadership positions, seniority allowances exceeding the ceiling, occupational seniority allowances, and retained differential amounts (if any).
2. Length of Service for Entitlement Calculation
a) Time of service for calculating the one-time allowance prescribed in Point b Clause 2 Article 14; Point b Clause 1 Article 17; Article 18 of Decree No. 32/2013/NĐ-CP and guided in Clause 3 Article 4 Part I; Point b Clause 2 Article 8 Part 3; Point b, Point c Clause 1 and Point b, Point c Clause 2 Article 10, Clause 2 Article 11 Part 4 Chapter II of this Joint Circular is the total time working in confidential organizations (including time as personnel engaged in confidential work, students receiving living expense allowances, and personnel engaged in other work within confidential organizations) and time working at agencies, units receiving salaries from the state budget with mandatory social insurance contributions before joining confidential organizations;
b) Time of service for calculating the conversion prescribed in Article 20 Clause 1 of Decree No. 32/2013/NĐ-CP and guided in Article 12 Clause 1 Part 4 Chapter II of this Joint Circular to enjoy the one-time allowance is the total time of service in the military, police, confidential organizations directly participating in combat, serving combat, or working in difficult areas, special industries;
c) The time of service mentioned in Points a and b of this Clause if interrupted without enjoying the one-time allowance (discharged, resigned, changed profession) shall be accumulated.
When calculating benefits, if there is a fractional month, it shall be calculated as follows: less than three months shall not be counted; from three months to six months inclusive shall be counted as half (one half) of the annual benefit amount; from more than six months to twelve months inclusive shall be counted as the full annual benefit amount.
Chapter II
REGIME AND POLICY
Section 1
FOR PERSONNEL ENGAGED IN CONFIDENTIAL WORK WHO RETIRE
Article 4. One-time allowance system for early retirement before the prescribed age
The one-time allowance regime for personnel engaged in confidential work who retire before the highest prescribed age as stipulated in Clause 2, Article 14 of Decree No. 32/2013/NĐ-CP shall be implemented as follows:
1. Personnel engaged in confidential work who meet the conditions to retire before the highest prescribed age as provided for in Article 27 of the Confidential Work Law shall receive a one-time allowance under the surplus category due to organizational restructuring or reduction in staffing as decided by the competent authority.
2. The age limit for calculating the one-time allowance when personnel engaged in confidential work retire before the highest prescribed age as stipulated in Article 27 of the Confidential Work Law shall be implemented as follows:
a) Personnel engaged in confidential work with at least 15 years of experience in heavy, hazardous, or extremely hazardous jobs listed by the Ministry of Labor, Invalids and Social Affairs, or with at least 15 years of service in areas with regional coefficients of 0.7 or higher: men aged 55 and women aged 50;
b) Those not falling within the category specified in Point a of this Clause: men aged 60 and women aged 55;
c) The age to determine whether personnel engaged in confidential work retire earlier than the highest prescribed age as set out in Points a and b of this Clause must be at least one year (12 months), calculated from the month of birth up to the month immediately preceding the month in which they retire and receive monthly pension;
d) In cases where special circumstances prevent the determination of the date and month of birth in various types of files, but only the year of birth can be determined, the age for retirement shall be calculated based on July 1st of the year of birth of the individual concerned.
3. Personnel engaged in confidential work who retire before the highest prescribed age as stipulated in Clause 2 of this Article shall receive social insurance benefits, preferential treatment for those who have rendered meritorious services to the revolution (if applicable) as prescribed by law, and shall also receive one-time allowances including:
a) A one-time allowance equal to three months' average salary for each year retired before the prescribed age.
The amount of the one-time allowance for the number of years retired before the prescribed age shall be calculated according to the following formula:
b) A one-time allowance equal to five months' average salary for the first twenty years of service; for each year beyond twenty years, a one-time allowance equal to half a month's average salary.
The amount of the one-time allowance for the number of years of service shall be calculated according to the following formula:
4. Cases where the one-time allowance is not granted
a) Personnel engaged in confidential work who still meet the conditions to serve in the confidential force and there is a need for their employment in the organization, but request early retirement due to personal reasons;
b) Personnel engaged in confidential work who are disciplined with demotion, removal from office, or reduction in rank, thereby being compelled to leave the confidential organization;
c) Personnel engaged in confidential work who study, work, or take leave abroad for more than thirty days without permission from the competent authority.
Section 2
FOR PERSONNEL ENGAGED IN SPECIALIZED CONFIDENTIAL WORK
Article 5. Transfer to other sectors for recruitment to work in agencies and units funded by the state budget
1. Exempted from examination in the following cases:
a) Personnel engaged in confidential work who were originally civil servants or public officials in agencies and units funded by the state budget may return to the agency or unit where they previously worked before joining the confidential organization and be assigned to the appropriate profession, specialty, or vocational training field;
b) Personnel engaged in confidential work who are transferred to another sector at the request of agencies and units funded by the state budget shall be assigned to work in the appropriate profession, specialty, or vocational training field.
2. Personnel engaged in confidential work who have been transferred to another sector, upon retirement, the calculation of their pension shall be carried out in accordance with Clause 4, Article 1 of Decree No. 153/2013/NĐ-CP dated November 8, 2013 of the Government amending and supplementing certain provisions of Decree No. 68/2007/NĐ-CP dated April 19, 2007 of the Government detailing and guiding the implementation of certain provisions of the Social Insurance Law regarding compulsory social insurance for military personnel, police officers, and personnel engaged in confidential work receiving salaries equivalent to those of military personnel and police officers.
Article 6. Transfer to agencies and units funded from the state budget and then to agencies and units not funded from the state budget
1. Personnel engaged in confidential work who transfer to agencies and units funded from the state budget and then to agencies and units not funded from the state budget, if they meet the retirement conditions, the average monthly salary or wage used as the basis for calculating their pension benefits shall be calculated according to the regulations on social insurance.
2. When calculating the average monthly salary for social insurance contributions during the period of service under the salary system prescribed by the State for the purpose of calculating pension benefits for personnel engaged in confidential work, the amount of seniority allowance according to the salary level immediately before the personnel engaged in confidential work transferred shall be added, converted according to the salary system prescribed at the time of retirement.
Article 7. Having transferred and then returned to serve in confidential organizations
Personnel engaged in confidential work who have transferred and are redeployed back to work in confidential organizations as stipulated in Clause 3, Article 15 of Decree No. 32/2013/ND-CP due to the needs of the confidential workforce and with the approval of the competent authority, shall be assigned new jobs suitable to their qualifications and capabilities, and shall be classified in pay grades, considered for promotion in pay grades, and credited with years of service according to the regulations on pay grade promotion and years of service calculation for personnel engaged in confidential work.
Section 3
REGARDING PERSONNEL ENGAGED IN CONFIDENTIAL WORK WHO HAVE LEFT THEIR JOBS
Article 8. Personnel engaged in confidential work who have left their jobs
1. Personnel engaged in confidential work who leave their jobs in confidential organizations without meeting the retirement conditions and cannot transfer shall be settled accordingly.
2. Personnel engaged in confidential work who leave their jobs as provided for in Clause 1 of this Article shall enjoy social insurance benefits, preferential treatment for those who have rendered meritorious services to the revolution (if applicable) according to the law, and shall also receive the following allowances:
a) Employment creation allowance equal to six months' basic salary as defined by the Government at the time of leaving the job (the minimum general wage as specified in Point a, Clause 1, Article 17 of Decree No. 32/2013/ND-CP is determined as the basic salary as defined by the Government); they will be given priority in vocational training or job introduction by job introduction organizations of ministries, sectors, mass organizations, localities, and other economic and social organizations;
b) One-time severance allowance, calculated at one month's current salary for each year of service.
The calculation formula for the one-time severance allowance is as follows:
Article 9. Personnel engaged in confidential work who have left their jobs and then transferred or moved to enterprises, agencies, and units not funded from the state budget
1. Personnel engaged in confidential work who have left their jobs within a period not exceeding one year (12 months) from the effective date of the decision to leave the job, if recruited to work at agencies and units funded from the state budget, shall implement the following transfer policies and measures:
a) Implement the transfer policies and measures as guided in Article 5, Section 2, Chapter of this regulation;
b) When implementing the transfer policy, they must return the one-time severance allowance as directed in Point b, Clause 2, Article 8, Section of this regulation and the one-time social insurance allowance already received; they do not need to return the employment creation allowance.
2. Personnel engaged in confidential work who have left their jobs within a period not exceeding one year from the effective date of the decision to leave the job, if recruited to work at enterprises, agencies, and units not funded from the state budget, shall implement the following policies and measures:
a) They do not need to return the employment creation allowance and the one-time severance allowance already received as directed in Points a and b, Clause 2, Article 8, Section of this regulation;
b) If they wish to continue the social insurance contribution period, they must return the social insurance fund the one-time social insurance allowance already received.
3. The head of the former agency or unit of personnel engaged in confidential work who have left their jobs, if the former agency or unit has been dissolved, the superior agency or unit shall be responsible for recovering the decision to leave the job and the above allowances according to the regulations, and issuing a transfer decision or recommending the superior agency to issue a transfer decision, and depositing the one-time severance allowance into the state budget for allowances from the state budget, depositing the one-time social insurance allowance already received into the dedicated collection account of social insurance, and requesting the social insurance agency to confirm the social insurance contribution period on the old social insurance book of the individual.
Section 4
REGARDING PERSONNEL ENGAGED IN CONFIDENTIAL WORK WHO HAVE DIED, PASSED AWAY, OR TRANSFERRED TO OTHER JOBS WITHIN THE CONFIDENTIAL ORGANIZATION; CONVERSION OF TIME FOR CALCULATING ONE-TIME ALLOWANCE FOR PERSONNEL ENGAGED IN CONFIDENTIAL WORK WHEN LEAVING THE JOB IN THE CONFIDENTIAL ORGANIZATION
Article 10. Regarding personnel engaged in confidential work who have sacrificed or passed away
1. Personnel engaged in confidential work who have sacrificed
a) The relatives of personnel engaged in confidential work shall enjoy benefits and policies in accordance with the provisions of laws on preferential treatment for persons who have contributed to the revolution and laws on social insurance;
b) The relatives of personnel engaged in confidential work shall be entitled to a one-time allowance, equivalent to one month's current salary of the personnel engaged in confidential work before sacrificing for each year of service;
c) The relatives of personnel engaged in confidential work shall be entitled to a one-time allowance for the time spent fighting, directly serving in combat, or working in difficult areas, industries, or professions with special characteristics (if applicable), as prescribed in Clause 2, Article 20 of Decree No. 32/2013/ND-CP and detailed in Section 12 of this Chapter.
2. Personnel engaged in confidential work who have passed away
a) The relatives of personnel engaged in confidential work shall enjoy benefits and policies in accordance with the provisions of laws on social insurance;
b) The relatives of personnel engaged in confidential work shall be entitled to a one-time allowance, equivalent to one month's current salary of the personnel engaged in confidential work before passing away for each year of service;
c) The relatives of personnel engaged in confidential work shall be entitled to a one-time allowance for the time spent fighting, directly serving in combat, or working in difficult areas, industries, or professions with special characteristics (if applicable), as prescribed in Clause 2, Article 20 of Decree No. 32/2013/ND-CP and detailed in Section 12 of this Chapter.
3. The relatives of personnel engaged in confidential work shall be entitled to a one-time allowance from the state budget as provided in Points b and c of Clause 1 and Points b and c of Clause 2 of this Article, which include: spouse; father, mother; legitimate children, legally adopted children, or legal foster children.
4. The one-time allowance from the state budget as provided in Points b and c of Clause 2 of this Article shall not apply in cases where personnel engaged in confidential work pass away due to suicide or violation of the law.
Article 11. Regarding personnel engaged in confidential work who transfer to other positions within confidential organizations
1. The salary system shall be implemented in accordance with the provisions of Clause 1, Article 19 of Decree No. 32/2013/ND-CP.
2. Personnel engaged in confidential work who transfer to other positions within confidential organizations shall be entitled to a one-time allowance for the additional time due to conversion when they have served in combat, directly served in combat, or worked in difficult areas, industries, or professions with special characteristics as prescribed in Article 20 of Decree No. 32/2013/ND-CP and detailed in Section 12 of this Chapter; thereafter, if such personnel are transferred back to confidential work at the request of the confidential organization, the time already counted for the allowance shall not be recalculated upon leaving the confidential organization.
3. Personnel engaged in confidential work who are transferred to other positions within confidential organizations and meet the conditions for retirement shall have their pension calculated according to the provisions of Clause 4, Article 1 of Decree No. 153/2013/ND-CP dated November 8, 2013, of the Government amending and supplementing certain articles of Decree No. 68/2007/ND-CP dated April 19, 2007, of the Government detailing and guiding the implementation of certain articles of the Law on Social Insurance regarding mandatory social insurance for military personnel, police officers, and personnel engaged in confidential work receiving salaries equivalent to those of military personnel and police officers.
Article 12. Conversion of time for calculating one-time allowance for personnel engaged in confidential work when ceasing employment in confidential organizations
1. Conditions for conversion and conversion rates for calculating one-time allowances for personnel engaged in confidential work when retiring, transferring to another profession, ceasing employment, sacrificing, passing away, or transferring to other positions within confidential organizations as prescribed in Clause 1, Article 20 of Decree No. 32/2013/ND-CP shall be implemented as follows:
a) Personnel engaged in confidential work (including time as confidential students) shall be converted at a rate of one year equal to one year and six months to calculate the allowance when:
Participating in combat or directly serving in combat in the South Vietnam and Laos war zones from July 20, 1954, to April 30, 1975; during the war of destruction in the North from August 5, 1964, to January 27, 1973; performing tasks to assist Laos from May 1975 to December 31, 1988; in the Cambodia war zone from July 20, 1954, to August 31, 1989; pursuing Fulro from May 1975 to December 1992 (excluding cases of studying abroad, medical treatment, or working abroad);
Participating in combat or directly serving in combat in the Southwest border from May 1975 to January 7, 1979; in the Northern border from February 1979 to December 31, 1988. Border areas in the defense of the country are considered for conversion as border counties.
Performing international missions and special missions in Laos and Cambodia during various periods (excluding cases of being sent to study, diplomatic missions, or economic activities).
b) Personnel engaged in confidential work (including time as confidential students) shall be converted at a rate of one year equal to one year and four months to calculate the allowance when:
Working in areas with a 100% special allowance as stipulated in Circular No. 09/2005/TT-BNV dated January 5, 2005, of the Minister of Home Affairs guiding the implementation of special allowances.
Engaging in professions or jobs classified as particularly arduous, hazardous, or dangerous (Class V, Class VI) as prescribed by the Ministry of Labor, Invalids, and Social Affairs.
c) Personnel engaged in confidential work (including time as confidential students) shall be converted at a rate of one year equal to one year and two months to calculate the allowance when:
Working in areas with regional allowances of 0.7 or higher as stipulated in Joint Circular No. 11/2005/TTLT-BNV-BLDTBXH-BTC-UBDT dated January 5, 2005, between the Minister of Home Affairs, the Minister of Labor, Invalids, and Social Affairs, the Minister of Finance, and the Chairman of the National Ethnic Council guiding the implementation of regional allowances.
Engaging in professions or jobs classified as arduous, hazardous, or dangerous (Class IV) as prescribed by the Ministry of Labor, Invalids, and Social Affairs.
d) When there are amendments or supplements to areas with a 100% special allowance, areas with regional allowances of 0.7 or higher, or the list of professions or jobs classified as arduous, hazardous, or dangerous and particularly arduous, hazardous, or dangerous, these shall be implemented according to the decision on amendment or supplementation.
2. Method of conversion
a) In cases where the same period of service meets two or more of the above conditions, only the highest conversion rate shall be applied; interrupted periods of service shall be accumulated for calculating the allowance.
b) For periods of service in areas not previously regulated but subsequently defined with special allowances at 100% or regional allowances at a factor of 0.7 or higher, such periods of service shall be converted to time for calculating one-time assistance benefits.
For periods of service in areas previously regulated with special allowances at 100% or regional allowances at a factor of 0.7 or higher, but subsequently defined with special allowances below 100% or regional allowances below a factor of 0.7, the time worked in those areas prior to the new regulation date shall be considered converted time for calculating one-time assistance benefits.
c) For periods of work in occupations or jobs that were not classified before but later classified as level IV or higher, the time spent working in such occupations or jobs shall be calculated from the start of the occupation or job as level IV or higher for conversion purposes when calculating one-time assistance benefits.
For periods of work in occupations or jobs that were previously classified at a lower level but later reclassified at a higher level, the time worked shall be calculated according to the higher level from the start of the occupation or job for conversion purposes when calculating one-time assistance benefits.
For periods of work in occupations or jobs that were previously classified at a higher level but later reclassified at a lower level, the time worked in such occupations or jobs shall be calculated according to the higher level classification from the start of the occupation or job until the day immediately preceding the effective date of the new decision, thereafter calculated according to the newly specified lower level for conversion purposes when calculating one-time assistance benefits.
3. The additional time gained through conversion as mentioned above shall be counted towards the one-time assistance benefit regime at a rate of one month's current salary for each year of additional time gained through conversion.
Chapter III
IMPLEMENTATION
Article 13. Funding for Ensuring Gender Equality in Legal Aid
The funding for implementing the one-time assistance benefit regimes stipulated in Chapter IV of Decree No. 32/2013/NĐ-CP and the guidance provided in this Joint Circular shall be guaranteed by the state budget in accordance with the laws on the state budget.
Article 14. Documents and authority for resolving benefit regimes
1. Documents for resolving benefit regimes for personnel engaged in confidential work upon retirement, transfer to another sector, termination of employment, sacrifice, death, or transfer to other work within a confidential organization shall be implemented in accordance with regulations set forth by the Minister of National Defense.
In cases where personnel engaged in confidential work are entitled to the benefit regimes and policies stipulated in Chapter IV of Decree No. 32/2013/NĐ-CP and the guidance provided in this Joint Circular, the documents must include a Payment Form for One-Time Assistance Benefits in the format issued along with this Joint Circular. The management agency for personnel engaged in confidential work shall prepare the Payment Form for One-Time Assistance Benefits; the policy department shall be responsible for reviewing and submitting it to the head of the unit for approval. The Payment Form for One-Time Assistance Benefits shall be prepared in four copies for each individual (one copy for the policy department, one for the finance department, one for the management agency for personnel engaged in confidential work, and one for the individual).
2. Authority to issue decisions and manage personnel engaged in confidential work shall be carried out in accordance with the laws on managing personnel engaged in confidential work.
Article 15. Responsibilities of Relevant Ministries
1. The Ministry of National Defense
a) To lead and coordinate with the Ministry of Home Affairs, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance in directing, guiding, inspecting, and resolving issues arising during the implementation of the benefit regimes and policies stipulated in Chapter IV of Decree No. 32/2013/NĐ-CP and the guidance provided in this Joint Circular;
b) To implement the benefit regimes and policies for personnel engaged in confidential work at the Government Confidential Service Office as stipulated in Chapter IV of Decree No. 32/2013/NĐ-CP and the guidance provided in this Joint Circular.
2. The Ministry of Home Affairs, the Ministry of Labor, Invalids and Social Affairs
Shall cooperate with the Ministry of National Defense and relevant agencies to guide the implementation, inspect, and resolve issues arising during the implementation of the benefit regimes and policies stipulated in Chapter IV of Decree No. 32/2013/NĐ-CP and the guidance provided in this Joint Circular.
3. Ministry of Finance
a) Based on proposals from ministries, sectors, and localities employing personnel engaged in confidential work, compile the budget estimate for implementing the one-time assistance benefit regime stipulated in Chapter IV of Decree No. 32/2013/NĐ-CP and the guidance provided in this Joint Circular in accordance with the State Budget Law and related directives;
b) Shall cooperate with the Ministry of National Defense and relevant agencies to guide the implementation, inspect, and resolve issues arising during the implementation of the benefit regimes and policies stipulated in Chapter IV of Decree No. 32/2013/NĐ-CP and the guidance provided in this Joint Circular.
4. Ministries, sectors, and localities employing personnel engaged in confidential work
a) Shall organize the dissemination, implementation, and guidance of the benefit regimes and policies for personnel engaged in confidential work as stipulated in Chapter IV of Decree No. 32/2013/NĐ-CP and the guidance provided in this Joint Circular; take the lead and coordinate with relevant ministries, sectors, and localities to resolve issues arising at the ministry, sector, or locality level;
b) Annually prepare the budget estimate to ensure and pay the benefit regimes for personnel engaged in confidential work as stipulated in Chapter IV of Decree No. 32/2013/NĐ-CP and the guidance provided in this Joint Circular.
Article 16. Effective Date
1. This Joint Circular shall take effect from April 19, 2014.
2. The benefit regimes and policies guided by this Joint Circular shall be implemented from June 1, 2013.
3. This Joint Circular replaces Joint Circular No. 79/2004/TTLT-BNV-BLĐTBXH-BTC dated November 4, 2004, issued by the Ministry of Home Affairs, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance, providing guidance on implementing Decree No. 102/2004/NĐ-CP dated February 27, 2004, of the Government detailing certain provisions of the Confidential Work Ordinance regarding benefit regimes and policies for personnel engaged in confidential work upon retirement, transfer to another sector, termination of employment, or transfer to other work within a confidential organization.
4. During the implementation process, if there are any issues, ministries, sectors, and localities shall report them to the Ministry of National Defense (through the Government Confidential Service Office) for coordination with the relevant ministries to examine and resolve them./.
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THE MINISTER
MINISTRY OF HOME AFFAIRS
Nguyen Thai Binh
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THE MINISTER
MINISTRY OF NATIONAL DEFENSE
General Phung Quang Thanh
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THE MINISTER MINISTRY OF FINANCE Dinh Tien Dung |
THE MINISTER
MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS
Nguyen Thai Binh
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