Joint Circular No. 14/2012/TTLT-BCA-BLDTBXH-BTC guiding the implementation of certain benefits for officers and soldiers of the People's Public Security according to Decree No. 23/2012/NĐ-CP dated April 3, 2012 of the Government stipulating certain benefits for individuals who participated in the war to protect the country, international missions in Cambodia, and assistance to Laos after April 30, 1975 with at least 20 years of service in the military or public security and have been discharged, retired, or resigned.

JOINT CIRCULAR

Guidelines for implementing certain benefits for police officers and soldiers of the People's Public Security

pursuant to Decree No. 23/2012/NĐ-CP dated April 3, 2012 of the Government

stipulating certain benefits for individuals participating in wars

to protect the country, performing international missions in Cambodia, assisting Laos

after April 30, 1975 with at least 20 years of service

in the military or public security forces who have been discharged,

demobilized, or retired

_______________

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Implementing Clause 2, Article 8 of Decree No. 23/2012/NĐ-CP dated April 3, 2012 of the Government stipulating certain benefits for individuals participating in wars to protect the country, performing international missions in Cambodia, assisting Laos after April 30, 1975 with at least 20 years of service in the military or public security forces who have been discharged, demobilized, or retired (hereinafter referred to as Decree No. 23/2012/NĐ-CP);

The Minister of Public Security, the Minister of Labor - Invalids and Social Affairs, and the Minister of Finance issue this Circular to guide the implementation of certain benefits for police officers and soldiers of the People's Public Security according to Decree No. 23/2012/NĐ-CP.

Article 1. Scope of Regulation

This Circular guides the implementation of retirement benefits, one-time allowances, health insurance, and funeral expenses for individuals directly participating in wars to protect the country on the southwestern border, northern border, and in the Central Highlands against Fulro, and performing international missions in Cambodia, assisting Laos after April 30, 1975 (hereinafter collectively referred to as directly participating in wars to protect the country and performing international missions) within the areas and time periods specified in Article 3 of Decree No. 23/2012/NĐ-CP, with at least 20 years of service in the People's Public Security who have been demobilized, retired.

Article 2. Applicability

1. This Circular applies to officers and non-commissioned officers of the People's Public Security (hereinafter collectively referred to as police officers and soldiers of the People's Public Security) recruited into the People's Public Security after April 30, 1975, directly participating in wars to protect the country, performing international missions with at least 20 years of service in the People's Public Security (including cases working in the Military or Telecommunications before transferring to the People's Public Security) currently not receiving retirement benefits, disability benefits, or monthly veteran benefits and falling under one of the following circumstances:

a) Demobilized or retired before April 1, 2000.

b) War invalids with a labor capacity reduction of 81% or more currently undergoing rehabilitation at War Invalids Rehabilitation Units or those who have returned home from War Invalids Rehabilitation Units.

c) Police officers and soldiers of the People's Public Security with a decision to transfer to another profession before April 1, 2000 but unable to implement the transfer benefits or who have retired from the People's Public Security and returned to their localities before April 1, 2000 without having their demobilization or retirement benefits resolved.

d) Police officers and soldiers of the People's Public Security who have had their demobilization or retirement benefits resolved and then went abroad for international cooperation labor or were sent abroad for international cooperation labor after returning home and had their demobilization or retirement benefits resolved before April 1, 2000.

2. Subjects not covered

This Circular does not apply to police officers and soldiers of the People's Public Security falling under any of the following circumstances:

a) Not meeting the conditions stipulated in Clause 1 of this Article.

b) Currently receiving retirement benefits or working and receiving salaries from the state budget with mandatory social insurance contributions, or currently receiving disability benefits or monthly veteran benefits.

c) Desertion, surrender, betrayal, or recruitment.

d) Violating laws and currently serving a prison sentence or life imprisonment, or previously convicted of a crime related to national security and not yet rehabilitated.

đ) Disciplined with the revocation of the title of People's Public Security Officer or forced to retire.

e) Leaving the country illegally, currently residing abroad illegally, or declared missing by a court.

g) Recruited into the People's Public Security on or before April 30, 1975.

h) Individuals stipulated in Clause 1 of this Article have passed away but have no surviving spouse or children, legitimate adoptive parents, or legitimate biological parents.

Article 3. Retirement benefits

1. The subjects specified in Clause 1, Article 2 of this Circular shall receive retirement pay from January 1, 2012. When the Government adjusts retirement pay, the retirement pay of these subjects shall also be adjusted accordingly.

2. The period of service serving as the basis for calculating retirement benefits:

a) Is the total actual period of service in the People's Public Security Force with social insurance contributions or deemed to have made such contributions, including time as officers, non-commissioned officers, soldiers, students, and public servants in the police force. If there are interruptions in this period of service, they shall be accumulated.

In cases where public security officers transfer to work in agencies, units, or organizations outside the public security sector and then cease employment; or have been discharged and ceased employment, then continue working in agencies, units, or organizations outside the public security sector and then cease employment; or have been discharged and ceased employment, then go abroad for international labor cooperation, or are sent abroad for international labor cooperation and return to be discharged or cease employment; or war invalids undergoing rehabilitation at heavy war invalids rehabilitation teams managed by the Ministry of Labor, Invalids, and Social Affairs, the period of service outside the public security sector, the period of international labor cooperation, and the period of rehabilitation at war invalids rehabilitation teams shall not be counted towards the calculation of retirement benefits.

In cases where public security officers have periods of service in the People's Army or Cryptographic Services, those periods of service shall be added to their periods of service in the People's Public Security Force for the purpose of calculating retirement benefits.

Example 1: Mr. Nguyen Van A, born in 1955, joined the People's Public Security Force in June 1975, had direct combat experience against Fulro, and was discharged in September 1995. According to regulations, the period of service serving as the basis for calculating retirement benefits for Mr. A is 20 years and 4 months (from June 1975 to September 1995).

Example 2: Mr. Nguyen Van B, born in 1957, enlisted in the Army in July 1975, had direct combat experience in defending the country's southwestern border, transferred to the People's Public Security Force in July 1979, and was discharged in February 1998. According to regulations, the period of service serving as the basis for calculating retirement benefits for Mr. B is 22 years and 8 months (including the period of service in the Army from July 1975 to June 1979 and the period of service in the People's Public Security Force from July 1979 to February 1998).

Example 3: Mr. Tran Quoc C, born in 1959, joined the People's Public Security Force in March 1976, had direct combat experience in defending the northern border, ceased employment to go abroad for international labor cooperation in 1996, and returned to Vietnam in April 1999. According to regulations, the period of service serving as the basis for calculating retirement benefits for Mr. C is 20 years and 1 month (from March 1976 to March 1996).

Example 4: Ms. Hoang Thi G, born in 1959, was recruited as a public servant in the police force in July 1977, transferred to become an officer in March 1980, was sent to assist Laos until May 1988, and was discharged in January 1999. According to regulations, the period of service serving as the basis for calculating retirement benefits for Ms. G is 21 years and 7 months (including the period as a public servant from July 1977 to March 1980 and the period as an officer from April 1980 to January 1999).

b) When calculating monthly retirement pay, if the period of service for calculating retirement benefits includes fractional months, it shall be handled as follows: less than three months are not counted, from three to six months inclusive are counted as half (1/2) of the benefit level of one year of social insurance contributions, and more than six months up to twelve months are counted as the benefit level of one year of social insurance contributions.

3. Monthly retirement pay

The monthly retirement pay of the subjects specified in Clause 1, Article 2 of this Circular shall be calculated based on the number of years of service serving as the basis for calculating retirement benefits as stipulated in Clause 2 of this Article and the average monthly salary used as the basis for social insurance contributions, specifically as follows:

a) Calculated based on the number of years of work to receive retirement benefits:

For fifteen years, it is calculated at 45% of the average monthly salary used for social insurance contributions; thereafter, each additional year of social insurance contribution adds 2% for males and 3% for females. The maximum monthly retirement pay is 75% of the average monthly salary used for social insurance contributions.

Example 5: In the case of Mr. Nguyen Van A mentioned in Example 1, who has 20 years and 4 months of service in the People's Public Security Force; the method of calculating the percentage for his retirement pay is as follows:

- Fifteen years = 45%

- From the sixteenth year to the twentieth year (five years): 2% x 5 (years) = 10%

- Four fractional months (rounded to half a year): 2% x 0.5 = 1%

The percentage of Mr. A's retirement pay is: 45% + 10% + 1% = 56%.

Example 6: In the case of Ms. Hoang Thi G mentioned in Example 4, who has 21 years and 7 months of service in the People's Public Security Force; the method of calculating the percentage for her retirement pay is as follows:

- Fifteen years = 45%

- From the sixteenth year to the twenty-first year (six years): 3% x 6 (years) = 18% - Seven fractional months (rounded to one year): 3% x 1 (year) = 3%

The percentage of Ms. G's retirement pay is: 45% + 18% + 3% = 66%.

b) The average monthly salary used for social insurance contributions to serve as the basis for calculating retirement pay for the subjects specified in Clause 1, Article 2 of this Circular is the average monthly salary (including: rank salary, grade, step, and seniority allowance, position allowance (if applicable)) in the last five years (60 months) before discharge, cessation of employment, transfer to another sector, or transfer to a war invalids rehabilitation team under the Ministry of Labor, Invalids, and Social Affairs (wherein the salary coefficient and allowances are converted to corresponding coefficients and allowances as prescribed in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for civil servants, public officials, and armed forces personnel. The rank salary of a Sub-Lieutenant is equivalent to a coefficient of 3.90). The minimum wage for calculating retirement pay from January 1, 2012, is 830,000 VND/month.

Example 7: In the case of Mr. Nguyen Van A in Example 1, the salary progression over the last five years before discharge is as follows:

- From October 1990 to July 1993 (34 months), the rank salary of Senior Lieutenant (salary coefficient converted according to Decree No. 204/2004/NĐ-CP is 5.00), occupational seniority allowance 18%.

- From August 1993 to September 1995 (26 months), the rank salary of Captain (salary coefficient converted according to Decree No. 204/2004/NĐ-CP is 5.40), occupational seniority allowance 20%.

The average monthly wage serving as the basis for calculating the retirement pension of Mr. A is as follows:

- 5.00 x 830,000 VND x 1.18 x 34 months = 166,498,000 VND

- 5.40 x 830,000 VND x 1.20 x 26 months = 139,838,400 VND

(166,498,000 VND + 139,838,400 VND) ÷ 60 months = 5,105,607 VND

Mr. A's monthly retirement pension received from January 1, 2012 is: 5,105,607 VND x 56% = 2,859,140 VND.

As of May 1, 2012, Mr. A's monthly retirement pension received was adjusted upward according to the provisions of Decree No. 35/2012/NĐ-CP dated April 18, 2012 of the Government on adjusting retirement pensions, social insurance benefits, and monthly allowances for civil servants who have retired, as follows:

2,859,140 VND x 1.265 = 3,616,812 VND

c) In cases where the period of receiving wages has not reached five years (60 months), the monthly wage serving as the basis for calculating the retirement pension is the average monthly wage of the months during which the wage was received according to rank, grade, and level.

d) In cases where the file only identifies the last wage level or rank before discharge, resignation, transfer to another profession, or transfer to the Rehabilitation Unit for War Veterans, the time limit for promotion in rank and increase in pay as stipulated in the Ordinance on the People's Security Force of Vietnam and the Ordinance on the People's Police Force of Vietnam in 1991 shall be applied to determine the wage progression over the last five years as the basis for calculating the retirement pension.

Example 8: Mr. Tran H, born in 1956, joined the People's Public Security in July 1975, and directly participated in the war to defend the northern border until October 20, 1995 when he was discharged. Currently, in the file requesting the settlement of retirement benefits for Mr. H, there is only documentation confirming that Mr. H was promoted from Senior Lieutenant to Captain starting from August 1, 1994. According to the regulations, the wage progression of the last five years for Mr. H is determined as follows:

- From November 1990 to July 1991 (9 months), the rank salary of Second Lieutenant (salary coefficient converted according to Decree No. 204/2004/NĐ-CP is 4.60), occupational seniority allowance 16%.

- From August 1991 to July 1994 (36 months), the rank salary of Senior Lieutenant (salary coefficient converted according to Decree No. 204/2004/NĐ-CP is 5.00), occupational seniority allowance 19%.

- From August 1994 to October 1995 (15 months), the rank salary of Captain (salary coefficient converted according to Decree No. 204/2004/NĐ-CP is 5.40), occupational seniority allowance 20%.

Article 4. One-time allowance system, health insurance, funeral expenses, and one-time regional allowance

1. The subjects specified in point a, c, and d Clause 1 Article 2 of this Circular who passed away before January 1, 2012 (including those who died while serving in the People's Public Security) shall have one of their relatives (spouse; legitimate children, adopted children; biological father, biological mother, or legal guardian) eligible to receive a one-time allowance of 3,600,000 VND (three million six hundred thousand VND).

2. If the subjects specified in Clause 1 Article 2 of this Circular have not yet received health insurance benefits, they shall be entitled to health insurance benefits as prescribed by the laws on health insurance; upon death, the person handling the funeral shall receive funeral expenses, and the relatives shall receive survivor benefits and other policies as prescribed by current laws on social insurance.

3. If the subjects specified in point a, c, and d Clause 1 Article 2 of this Circular passed away from January 1, 2012 onwards but have not yet received monthly retirement pensions as prescribed in Article 3 of this Circular, the relatives of the subjects shall be entitled to backpay of the monthly retirement pension from January 1, 2012 to the month of the subject's passing and shall also be entitled to the benefits as prescribed in Clause 2 of this Article.

4. If the subjects specified in Clause 1 Article 2 of this Circular have contributed to social insurance during their service period including regional allowances, or are considered to have contributed to social insurance including regional allowances, then the subjects or their relatives (in cases where the subjects have passed away) shall be entitled to a one-time regional allowance as prescribed in Decree No. 122/2008/NĐ-CP dated December 4, 2008 of the Government on implementing regional allowances for retirees, lump-sum social insurance benefits, disability allowances, and monthly work injury and occupational disease allowances, and Circular No. 03/2009/TT-BLĐTBXH dated January 22, 2009 of the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of regional allowances for retirees, lump-sum social insurance benefits, disability allowances, and monthly work injury and occupational disease allowances under Decree No. 122/2008/NĐ-CP dated December 4, 2008 of the Government.

Article 5. Documents for reviewing entitlement to benefits

1. The documents for requesting review of entitlement to monthly pension benefits include:

a) Personal declaration form of the beneficiary according to Model No. 01 issued together with this Circular;

b) One or more original documents, or documents considered as originals, or related documents (originals or certified copies or copies confirmed by the organizational unit's personnel department of the police unit, locality) proving the correct beneficiary, meeting the conditions for benefit entitlement, having sufficient basis to determine actual working time in the People's Public Security Forces (or Military, Cryptography if applicable) and salary progression in the last five years before discharge, resignation, transfer to another profession, or transfer to the War Invalids Care Unit, specifically:

- Officer's curriculum vitae, or military personnel's curriculum vitae, or Party member's curriculum vitae, or social insurance book;

- Decision on discharge, resignation, transfer to another profession, or transfer to the War Invalids Care Unit; declaration form on social insurance payment history or decision on discharge, resignation benefits;

- Other related documents proving working experience in the People's Public Security Forces and salary progression such as recruitment decisions, transfer orders, appointment orders, rank promotion decisions, salary increase decisions; admission notices to public security training institutions; officer lists; disability certification and allowance certificates, disability certificates (for beneficiaries who are war invalids)...;

- In cases where there are no documents to determine working time in the People's Public Security Forces (or Military, Cryptography), there must be a confirmation letter from the working unit (at the Bureau, Department, Provincial Police level, and equivalent) before the public security officers and soldiers are discharged, resign, transfer to another profession, or go abroad for international labor cooperation (in cases where the working units of the officers and soldiers have been dissolved or split into several units, then the superior managing unit according to the authority managing the files shall confirm). The confirmation letter must contain all necessary information to determine actual working time in the People's Public Security Forces (or Military, Cryptography if applicable) and salary progression as the basis for calculating the pension for the beneficiary;

- Medals, Orders, and other forms of commendation related to determining work experience to be counted for benefit entitlement;

2. The documents for requesting review of entitlement to one-time assistance include:

a) Family member declaration form according to Model No. 06 issued together with this Circular;

b) One of the documents specified in point b Clause 1 of this Article;

c) Death certificate or death notice.

3. The documents for receiving monthly pension benefits that have been reviewed and approved by the Social Insurance of the Public Security Forces and transferred to the Social Insurance of the province or centrally-administered city where the beneficiary has registered their permanent residence for management and payment of the pension include:

a) Introduction letter of the Social Insurance of the Public Security Forces according to Model No. 03 attached to this Circular;

b) Decision on receiving monthly pension benefits of the Director of the Social Insurance of the Public Security Forces according to Model No. 04 attached to this Circular;

c) Record of working experience eligible for social insurance benefits according to Model No. 05 attached to this Circular.

d) Personal declaration form according to Model No. 01 attached to this Circular.

4. The documents for receiving one-time assistance that have been reviewed and approved by the Social Insurance of the Public Security Forces and transferred to the Social Insurance of the province or centrally-administered city where the family members of the beneficiary have registered their permanent residence for payment of the assistance include:

a) Decision on receiving one-time assistance of the Director of the Social Insurance of the Public Security Forces according to Model No. 07 attached to this Circular;

b) Family member declaration form according to Model No. 06 attached to this Circular.

5. The documents for transferring monthly pension benefits to the Vietnam Social Insurance for management and storage include the documents specified in points b, c, and d Clause 3 above.

5. The dossier for receiving monthly pension benefits transferred to the Vietnam Social Security for management and storage includes the documents specified in Points b, c, and d of Clause 3 above.

Article 6. Procedure, responsibility, and time limit for handling retirement benefits and one-time allowance benefits

1. The subject or relative of the subject specified in Clause 1, Article 2 of this Circular shall fill out the application form according to the model and submit the required documents as stipulated in Clause 1 or Clause 2, Article 5 of this Circular to the People's Committee of the commune where they have their permanent household registration (five sets for monthly benefit applications, three sets for one-time benefit applications).

2. Commune People's Committee

a) Guide and organize the receipt of applications from subjects or relatives of subjects with permanent household registration within the jurisdiction.

b) Within seven working days from the date of receiving complete and valid applications as prescribed, complete the consolidation and preparation of reports to be submitted to the Public Security Department of the district, town, city, or provincial-level city.

3. Public Security Department of the district, town, city, or provincial-level city

a) Direct the functional department to coordinate with the People's Committee of the commune in guiding the subjects and their relatives to prepare applications in accordance with regulations.

b) Receive applications transferred by the People's Committee of the commune. Within seven working days from the date of receiving complete and valid applications as prescribed, complete the verification, investigation, and preparation of lists (according to Form 02-A or 02-B attached to this Circular) and attach them to the applications before reporting to the Public Security Department of the province or centrally-administered city.

4. Public Security Department of the province or centrally-administered city

a) Receive applications transferred by the Public Security Department of the district, town, city, or provincial-level city. Within seven working days from the date of receiving complete and valid applications as prescribed, complete the organization of verification, investigation, review, completion of applications, preparation of lists (according to Form 02-A or 02-B attached to this Circular), and attach them to the applications before sending them to the Social Insurance of the People's Police (Policy Bureau, General Directorate of Force Building of the People's Police).

b) Receive applications that have been processed by the Social Insurance of the People's Police; organize the issuance of retirement certificates to subjects entitled to monthly retirement benefits (or applications for one-time allowances for relatives of deceased subjects);

c) Transfer one set of applications for monthly retirement benefits, or one set of applications for one-time allowances as stipulated in Clause 3 and Clause 4, Article 5 of this Circular to the Social Insurance of the province or centrally-administered city for management and payment to the subjects.

5. Social Insurance of the People's Police

a) Receive applications for benefits sent by the Public Security Department of the province or centrally-administered city.

b) Within thirty working days from the date of receiving complete and valid applications as prescribed, review and issue decisions on monthly retirement benefits and one-time allowances; assign file numbers for retirement benefits; issue retirement certificates; retain one set of applications and send the processed applications back to the Public Security Department of the province or centrally-administered city.

c) Transfer one set of applications as stipulated in Clause 5, Article 5 of this Circular to the Social Insurance of Vietnam for management and storage.

Article 7. Funding Assurance

1. The funding for implementing the policies and regulations stipulated in this Circular shall be guaranteed by the state budget in accordance with the laws on the state budget.

2. The Social Insurance of Vietnam shall implement payments for the benefits to the subjects as stipulated in this Circular.

Article 8. Responsibilities of Ministries and Sectors in Implementing this Circular

1. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance to direct, guide, inspect and resolve any difficulties and issues arising during implementation.

Direct agencies and units within the People's Public Security to publicize, guide, inspect and organize implementation as follows:

a) General Department for Building the Public Security Force

Publicize and disseminate policies; guide, inspect and direct the People's Public Security Social Insurance Organization to implement Decree No. 23/2012/ND-CP and this Circular.

Take the lead in coordinating with agencies both inside and outside the Public Security to monitor, inspect and propose solutions to any difficulties and issues arising during implementation.

b) Public Security Units and Localities (General Departments, Commandants, units under the Ministry; Provincial Public Security; Departments of Fire Prevention and Fighting)

Publicize, convey and organize implementation in accordance with the provisions of this Circular. Coordinate and provide relevant files and documents or confirm the time of service of the subject when requested by the subject, relatives of the subject, or local public security where the subject or relatives of the subject have registered their permanent residence for the purpose of resolving benefits and bear legal responsibility for such confirmation (in accordance with Model No. 08 issued together with this Circular). Strictly prohibit any actions that create difficulties or confirm inaccurately to obtain benefit resolution.

2. Ministry of Labor, Invalids and Social Affairs

Guide the adjustment of monthly pension in accordance with the Government's regulations for officers and soldiers of the People's Public Security who have been receiving monthly pensions in accordance with this Circular.

3. Ministry of Finance

Allocate annual funds to implement the benefits and policies stipulated in this Circular as guaranteed by the state budget in accordance with the laws on state budget.

4. People's Committees of provinces and centrally governed cities

Direct People's Committees at the commune level: Carry out dissemination and publicity of benefits and policies; guide and organize the receipt of files, compile and report to the county-level public security agency in accordance with Decree No. 23/2012/ND-CP and this Circular.

5. Vietnam Social Security

a) Guide provincial and centrally governed city social security organizations to receive files for monthly pension benefits and one-time allowance benefits reviewed and approved by the People's Public Security Social Insurance Organization; manage, pay monthly pensions, one-time allowances and other benefits to subjects or relatives of subjects in accordance with the provisions of this Circular.

b) Receive files for monthly pensions transferred by the People's Public Security Social Insurance Organization and store them in accordance with regulations.

Article 9. Implementation Provisions

1. This Circular takes effect from December 1, 2012. The benefits and policies stipulated in this Circular shall be implemented from January 1, 2012.

2. When enjoying monthly pension benefits as prescribed in this Circular, the subject does not need to return the amount of separation allowance received.

Subjects who simultaneously enjoy monthly pension benefits and are war invalids still enjoy benefits and rights for war invalids according to current laws on preferential treatment for persons with meritorious service to the revolution.

3. Subjects who have served time in the Public Security and also in the Military or Cryptographic Service if they were part of the Public Security force before their final discharge or resignation shall have their pension benefits or one-time allowance resolved by the Ministry of Public Security in accordance with Articles 3 and 4 of this Circular.

During the process of organizing implementation, if there are any difficulties, agencies and units are advised to reflect these to the Ministry of Public Security (through the General Department for Building the Public Security Force) for consideration, resolution and timely supplementary guidance.