Circular No. 15/2008/TT-BCA guiding the procedures for retirement benefits for People's Police officers

CIRCULAR

Guidelines on the procedure for handling retirement benefits

for People's Police Officers

______________

Pursuant to Decree No. 136/2003/NĐ-CP dated November 14, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the General Director of the General Department for Building the Police Force, the Ministry of Public Security issues guidelines on the procedure for handling retirement benefits and gifts for People's Police Officers upon retirement, as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

This Circular applies to units under the Ministry of Education and Training; departments of education and training, education and training divisions; preschool education institutions, general education institutions, regular education institutions, teacher training colleges, college of education, universities, universities, academies, other educational institutions, and related organizations and individuals (hereinafter referred to collectively as agencies and units).

a) Scope of Regulation

These guidelines provide guidance on the procedure for handling retirement benefits and gifts for People's Police Officers upon retirement.

b) Applicability

- Professional officers and technical officers of the People's Police;

- Workers and civil servants of the People's Police;

- Contract workers in enterprises and units with income under the People's Police receiving salaries and other benefits from the state budget.

(Hereinafter, the above subjects shall be collectively referred to as People's Police Officers)

c) Subjects not applicable

- Professional officers and technical officers of the People's Police; workers and civil servants of the People's Police who, before retirement, were disciplined with the revocation of their People's Police title or forced to leave their positions.

- Contract workers in enterprises and units with income under the People's Police not receiving salaries or wages from the state budget.

2. Implementation principles

The announcement of retirement waiting period; the public announcement of the decision to retire on standby to receive retirement benefits; the presentation of the retirement certificate and gifts from the Ministry of Public Security to People's Police Officers upon retirement must ensure thoroughness, solemnity, and reflect the concern of the leadership of the Ministry of Public Security and the leadership at all levels of the People's Police for People's Police Officers retiring to receive retirement benefits.

II. SPECIFIC PROVISIONS

1. Announcement of Retirement Waiting Period

a) The Personnel Organization Department of the People's Police units and localities bases on regulations regarding service age limits, conditions for receiving retirement benefits; work needs, professional capacity, health status, and personal wishes of People's Police Officers within the scope of retirement in their units and localities to propose the competent authority to decide on the time for retiring on standby to receive retirement benefits for each specific case.

b) The head of the People's Police unit or locality with the authority (according to the classification by the Minister of Public Security) reviews and issues announcements about the time for retiring on standby to receive retirement benefits for People's Police Officers meeting the prescribed standards and conditions.

c) The Party Committee (or Standing Committee of the Party Committee) and the head of the People's Police unit or locality (directly managing the officers) organize the announcement of the time when People's Police Officers in their units will retire on standby to receive retirement benefits.

The Minister and the Standing Committee of the Central Party Committee of the Public Security directly announce for cases decided by the Prime Minister to retire.

2. Public Announcement of the Decision to Retire on Standby to Receive Retirement Benefits

a) Responsibilities of the personnel organization department

- Completing procedures, reporting to the competent leadership to issue decisions on retiring on standby to receive retirement benefits at the announced time for each specific case.

- Preparing the content of the plan (location, time, inviting the main host, participants...), organizing the public announcement of the decision to retire on standby to receive retirement benefits at the time when People's Police Officers are retiring on standby according to regulations.

b) Assignment of the main host to announce the decision to retire on standby to receive retirement benefits

- At the Ministry Office

+ The Minister announces the decision to retire on standby to receive retirement benefits for Deputy Ministers;

+ The Deputy Minister announces the decision to retire on standby to receive retirement benefits for leaders of Departments and Bureaus and equivalent units under his/her responsibility;

+ The General Director announces the decision to retire on standby to receive retirement benefits for leaders of Bureau-level units and equivalent units under the General Director;

+ The head of the Department, Bureau, and equivalent units under the Minister announces the decision to retire on standby to receive retirement benefits for People's Police Officers in their units (units with many People's Police Officers retiring annually and wide operating areas may delegate this task to the head of subordinate units);

+ The head of Bureau-level units and equivalent units under the General Director announces the decision to retire on standby to receive retirement benefits for People's Police Officers in their units (units with many People's Police Officers retiring annually and wide operating areas may delegate this task to the head of subordinate units);

+ The Director of the enterprise announces the decision to retire on standby to receive retirement benefits for People's Police Officers in their enterprise.

- At Local Police Units

+ The General Director of the General Department for Building the Police Force announces the decision to retire on standby to receive retirement benefits for the Director of Provincial Public Security Departments, the Director of the Fire Prevention and Fighting Service of Ho Chi Minh City (hereinafter referred to as Provincial Public Security Departments);

+ The Director of Provincial Public Security Departments announces the decision to retire on standby to receive retirement benefits for Deputy Directors and lower-ranking officials, or assigns Deputy Directors or delegates the task to the head of subordinate units to host the public announcement of the decision to retire on standby to receive retirement benefits for leaders of units under Provincial Public Security Departments and lower levels within their units and localities.

c) Participants in the public announcement and presentation of the decision to retire on standby to receive retirement benefits

- Leaders of the Ministry of Public Security retiring on standby to receive retirement benefits:

The Central Party Committee of the Public Security; representatives of the leadership of the Departments and Bureaus and equivalent units under the Minister.

The General Department for Building the Police Force coordinates with the Ministry's Office to prepare the content and plan for organizing the public announcement of the decision.

- Leaders of the General Departments retiring on standby to receive retirement benefits:

The Party Committee of the General Department; representatives of the leadership of the Departments and Bureaus and equivalent units under the General Department; representatives of the General Department for Building the Police Force (for the General Departments of Security, Police, Logistics, Intelligence, and Technology).

The personnel organization agency of the General Department shall coordinate with the Organization and Cadre Department of the General Department for Building Police Force to prepare the content and plan for the announcement of the decision when there are cadres waiting to enjoy retirement benefits.

- Leaders of Departments, Bureaus, and equivalent units under the Minister who are on leave awaiting retirement benefits:

Party Committee and representatives of leaders of units under Departments, Bureaus, and equivalent units under the Minister that have cadres on leave awaiting retirement benefits; representatives of leaders of the General Department for Building Police Force.

The personnel organization agency of Departments, Bureaus, and equivalent units under the Minister that have cadres on leave awaiting retirement benefits shall coordinate with the Organization and Cadre Department of the General Department for Building Police Force to prepare the content and plan for the announcement of the decision.

- Leaders of Bureaus and equivalent units under the General Department who are on leave awaiting retirement benefits:

Party Committee and representatives of leaders of units under Departments, Bureaus, and equivalent units that have cadres on leave awaiting retirement benefits.

The personnel organization agency of Departments, Bureaus, and equivalent units shall coordinate with the personnel organization agency of the General Department to prepare the content and plan for the announcement of the decision.

- Leaders of provincial-level police forces who are on leave awaiting retirement benefits:

Representatives of local party committees; Party Committee and leaders of provincial-level police forces; representatives of units under provincial-level police forces; representatives of the Organization and Cadre Department of the General Department for Building Police Force.

The personnel organization agency of provincial-level police forces shall prepare the content and plan for the announcement of the decision.

- For other cases, the participants in the announcement and issuance of the decision on leave awaiting retirement benefits shall be determined by the head of the unit.

3. Issuing retirement certificates

a) During the period when police cadres are on leave awaiting retirement benefits, the personnel organization agencies of police units and localities shall, based on regulations, propose the implementation of policies for police cadres before retirement such as promotion of rank, increase in salary grade... and complete the monthly pension payment file to be sent to the Social Insurance for Police Forces three months prior (counting from the date when the police cadres start receiving monthly pensions).

b) The Social Insurance for Police Forces shall accept the application file for monthly retirement benefits, be responsible for reviewing and issuing decisions on monthly retirement benefits, issuing retirement certificates, letters of introduction for pension payments, and transferring the processed retirement files back to the police units and localities.

c) Party Committees (or Standing Committees of Party Committees) and heads of police units and localities (directly managing cadres) shall, after receiving the processed retirement files, be responsible for presenting the retirement certificates to the retiring police cadres in their units.

d) Participants in the presentation of retirement certificates shall be similar to those in the announcement of the decision on leave awaiting retirement benefits. However, based on specific circumstances, the head of the police unit or locality may expand the list of participants.

đ) The personnel organization agencies of police units and localities shall guide retiring police cadres to the Social Insurance of the province or centrally-administered city where they are registered to reside to complete the procedures for registering to receive monthly pensions, and simultaneously notify in writing so that the provincial-level police force and the grassroots police station where the retiring police cadres reside are aware, manage, and implement policies for retired police cadres.

4. Gifts for police cadres upon retirement

To recognize the contributions of police cadres to the cause of national security and the revolutionary cause of the Party and State, the leadership of the Ministry of Public Security has decided to present gifts to police cadres upon retirement as follows:

a) Commemorative gifts from the Ministry of Public Security: each retiring police cadre will receive one commemorative gift in physical form as a memento.

b) Gifts in cash:

+ Retiring leaders of the Ministry of Public Security will receive a sum of money equal to six times the minimum wage;

+ Retiring leaders of General Departments will receive a sum of money equal to five times the minimum wage;

+ Retiring leaders of Bureaus and equivalent units; retiring leaders of provincial-level police forces will receive a sum of money equal to four times the minimum wage;

+ Other retirees will receive a sum of money equal to three times the minimum wage.

(The minimum wage mentioned above is applied by the Government to the armed forces at the time when the cadres go on leave awaiting retirement benefits).

c) Cash gifts and commemorative gifts from the Ministry of Public Security shall be presented to police cadres during the announcement of the decision on leave awaiting retirement benefits.

đ) The production cost of commemorative gifts from the Ministry of Public Security for retirees is allocated from the management support fund for social insurance provided by the Vietnam Social Insurance to the Ministry of Public Security;

đ) The cost of cash gifts is allocated from the annual regular budget of the Ministry of Public Security allocated to police units and localities.

III. IMPLEMENTATION

1. The Director of the General Department for Building Police Force shall take the lead and coordinate with the Directors of the General Department for Logistics and the Director of the Finance Department to organize the production and distribution of commemorative gifts from the Ministry of Public Security to ensure quality and sufficient quantity according to the annual forecast report of police units and localities.
of police units and localities.

2. General Departments; units directly under the Minister; provincial-level police forces, Ho Chi Minh City Fire Department (in September each year) shall compile a list of police cadres eligible for retirement next year within their units and localities and send it to the Ministry (through the General Department for Building Police Force) to serve the planning of production and distribution of commemorative gifts from the Ministry of Public Security for police cadres before retirement.

3. This Circular takes effect 15 days after the date of signature and replaces Decision No. 1770/2005/QĐ-BCA(X13) dated December 2, 2005 issued by the Minister of Public Security on the procedure for handling retirement benefits for police officers, workers, and staff.

4. The Director of the General Department, the Heads of units directly under the Minister, and the Directors of the People's Police at provincial level shall be responsible for disseminating and ensuring strict implementation of this Circular by officers and soldiers.

5. The Director of the General Department of Force Building of the People's Police shall be responsible for guiding and supervising the implementation of this Circular. In case of any difficulties during the implementation process, the People's Police units and localities shall report to the Ministry (through the General Department of Force Building of the People's Police) for guidance and resolution./.