Circular No. 16/2013/TT-BCA on the procedures for implementation when police officers retire and receive pension benefits

CIRCULAR

Provisions on the procedure for implementation when police officers take retirement leave and enjoy pension benefits

Retirement leave with pension benefits

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

At the proposal of the Director General of the Police Force Construction General Department people;

The Minister of Public Security promulgates this Circular stipulating the procedures for implementation when trainees, People's Police take retirement leave and enjoypolicies pension benefits.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular stipulates the organization of announcing retirement leave waiting period, announcing the decision on retirement leave waiting period to enjoy pension benefits (hereinafter referred to as announcing the decision on retirement leave waiting period), presenting the retirement certificate and gifts to the subjects regulated in Clause 2 of this Article when retiring.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) Professional officers and technical officers; workers and staff of the People's Police.

b) Contractual laborers in the People's Police receiving salaries from the state budget and being classified according to wage scales for workers and staff issued by the Government.

(Hereinafter these subjects are collectively referred to as police officers)

3. Subjects not applicable

a) Police officers who are disciplined before retirement with the revocation of their People's Police title or forced to resign.

b) Contractual laborers in the People's Police not receiving salaries from the state budget and not being classified according to wage scales for workers and staff issued by the Government.

Article 2. PrinciplesyAnnouncing retirement leave waiting period; announcing the decision on retirement leave waiting period; presenting the retirement certificate and giving gifts by the Ministry of Public Security to police officers when retiring must be thorough, solemn, reflecting the concern of public security leaders at all levels for police officers when retiring.

Article 3. Announcing retirement leave waiting period

Chapter II

SPECIFIC PROVISIONS

1. The organizational bodies of cadres under: General Departments, Military Commands, Bureaus, and equivalent units directly under the Ministry; Bureaus and equivalent units under General Departments; Provincial Public Security Departments, Municipal Public Security Departments directly under the Central Government, Departments of Fire Prevention and Fighting (hereinafter collectively referred to as the organizational bodies of cadres under local public security units), based on regulations regarding age limits for service, conditions for enjoying pension benefits; work needs, professional capacity, health status, and wishes of police officers, propose to the competent authority (based on the division of responsibilities between public security levels on some issues in cadre work of the People's Police force) to decide and issue notifications about the time of retirement leave waiting period for police officers meeting the prescribed standards and conditions.

2. Party Committees (or Standing Committees of Party Committees) and Heads of public security units, localities (where the police officers are working) have the responsibility to organize announcements so that police officers in the unit know about the time they will be granted retirement leave waiting period.

3. The Standing Committee of the Party Central Committee for Public Security and the Minister directly announce to the Vice Ministers.

Article 4. Announcing the decision on retirement leave waiting period

1. Responsibilities of the organizational bodies of cadres under public security units and localities

a) Complete the procedures, report to the leadership of the competent authority to issue decisions on promotion of rank and grade increase (if eligible) and decisions on retirement leave waiting period or retirement decisions for cadres in accordance with regulations.

b) Prepare the content of the plan (location, time, invite the main leader, participants...), organize a session to announce the decision on retirement leave waiting period at the time the police officer is granted retirement leave waiting period according to regulations.

a) At the Ministry Office

2. Chairing the announcement of the decision to take retirement leave

- The Minister announces the Prime Minister's decision on retirement and informs the time of taking retirement leave to enjoy pension benefits according to the Ministry of Public Security regulations for Vice Ministers;

- The Vice Minister (assigned to oversee) announces the decision on retirement leave waiting period for: Leaders of General Departments; leaders of Military Commands, Bureaus, and equivalent units directly under the Ministry; Directors of the National Academy of Security and Directors of the National Police Academy;

- The General Director announces the decision on retirement leave waiting period for leaders of Bureau-level units and leaders of units directly under General Departments (for General Departments with multiple subordinate units, wide areas, may delegate to the Head of the department responsible for cadre work under the General Department or the Head of the lower-level unit);

- The General Director of the General Department of Public Security Force Construction announces the decision on retirement leave waiting period for leaders of academies and police academies (excluding the Director of the National Academy of Security and the Director of the National Police Academy).

The General Director of the General Department V announces the decision on retirement leave waiting period for leaders of the International Academy.

- The Head of the unit: Military Command, Bureau, and equivalent units directly under the Ministry announces the decision on retirement leave waiting period for police officers in the unit (units with many police officers retiring annually, wide areas may delegate to the Head of the lower-level unit);

- The Director of the Academy, the Principal of the Police Academy announces the decision on retirement leave waiting period for police officers in the unit.

- The Head of the Bureau-level unit and units directly under the General Department announces the decision on retirement leave waiting period for police officers in the unit (units with many police officers retiring annually, wide areas may delegate to the Head of the lower-level unit);

- The Director of the enterprise announces the decision on retirement leave waiting period for cadres in the unit.

b) At local public security offices

- The General Director of the General Department of Public Security Force Construction announces the decision on retirement leave waiting period for Directors of Provincial Public Security Departments, Municipal Public Security Departments directly under the Central Government, Directors of Departments of Fire Prevention and Fighting (hereinafter referred to as Directors of Provincial Public Security Departments);

- The Director of Provincial Public Security Departments announces the decision on retirement leave waiting period for Deputy Directors of Provincial Public Security Departments;

- The Director or Deputy Director of Provincial Public Security Departments announces the decision on retirement leave waiting period for leaders of District Public Security Departments, County Public Security Departments, City Public Security Departments, and equivalent units.

- The Head of District Public Security Departments, County Public Security Departments, City Public Security Departments, and equivalent units announces the decision on retirement leave waiting period for police officers in the unit.

3. Participants in the session to announce the decision on retirement leave waiting period

a) For leaders of the Ministry of Public Security retiring

- Comrades in the Party Central Committee for Public Security and leaders of the Ministry of Public Security

- Representatives of the leadership of General Departments, Military Commands, Bureaus, and equivalent units directly under the Ministry.

- Representatives of the leaders of the Departments, Services, Bureaus, and equivalent units under the Ministry.

b) For the leaders of the General Department and Command who are retiring on schedule

- Representatives of the leadership of the General Department for Building the People's Police Force (for the General Departments: Security I, Security II, IV, V, VI, VII, VIII and Commands);

- Comrades in the Party Committee and leadership of the General Department and Command;

- Representatives of the leadership of units directly under the General Department and Command (for units with many subordinate branches and wide areas, representatives of the leadership of some units may be selected to attend).

c) For the leaders of Departments, Bureaus, and equivalent units under the Ministry who are retiring on schedule

- Representatives of the leadership of the General Department for Building the People's Police Force;

- Comrades in the Party Committee and leaders of the unit;

- Representatives of the leadership of Divisions and equivalent units within the unit.

d) For the leaders of Bureaus and units directly under the General Department who are retiring on schedule

- Representatives of the leadership of the Political Bureau or the Staff Bureau;

- Comrades in the Party Committee and leaders of the unit;

- Representatives of the leadership of Divisions, Departments, and equivalent units within the unit.

đ) For the leaders of Academies and People's Police Force Schools who are retiring on schedule

- Representatives of the leadership of the General Department for Building the People's Police Force;

- Representatives of the leadership of: The Bureau for Building the People's Police Force, the Organization and Cadre Bureau, and the Training Bureau.

- Comrades in the Party Committee and leaders of the unit;

- Representatives of the leadership of Faculties, Divisions, and equivalent units;

Specifically, for the attendance at the announcement of the decision to retire on schedule for the leadership of the International Academy, it shall be carried out as prescribed in point d Clause 3 of this Article.

e) For the leaders of Provincial Police who are retiring on schedule

- Inviting representatives of the Provincial Party Committee, City Party Committee; representatives of the Provincial People's Committee, centrally governed city People's Committee to attend.

- Representatives of the leadership of the General Department for Building the People's Police Force;

- Representatives of the leadership of the Organization and Cadre Bureau, the General Department for Building the People's Police Force.

- Party Committee and leaders of provincial police;

- Representatives of the leadership of units under the Provincial Police;

g) For other cases, the participants in the announcement of the retirement on schedule decision shall be determined by the Head of the unit.

4. Assignment for serving the announcement of the decision to retire on schedule

a) The General Department for Building the People's Police Force (Organization and Cadre Bureau) shall take the lead, coordinating with the Ministry's Office to prepare the content and plan for organizing the announcement of the decision for the leaders of the Ministry.

b) The organizational cadre agency of the General Department, Command, Departments, Bureaus, and equivalent units under the Ministry shall take the lead, coordinating with the Organization and Cadre Bureau and the General Department for Building the People's Police Force to prepare the content and plan for organizing the announcement of the decision for the leaders of the General Department, Command, Departments, Bureaus, and equivalent units under the Ministry.

c) The organizational cadre agency of the Bureau and equivalent units shall take the lead, coordinating with the organizational cadre agency of the General Department to prepare the content and plan for organizing the announcement of the decision for the leaders of the Bureau and equivalent units under the General Department.

d) The organizational cadre agency of Academies and People's Police Force Schools shall take the lead, coordinating with the Bureau for Building the People's Police Force to prepare the content and plan for organizing the announcement of the decision for the leaders of Academies and People's Police Force Schools (the organizational cadre agency of the General Department V for the International Academy).

đ) The organizational cadre agency of the Provincial Police shall prepare the content and plan for organizing the announcement of the decision for the leaders of the Provincial Police.

e) For other cases, the assignment of units to serve the announcement of the decision shall be determined by the Head of the Police unit or locality.

5. In cases where the competent authority has issued the Decision to retire on schedule before the date this Circular takes effect but has not yet announced the decision, the announcement of the decision to retire on schedule shall be implemented according to the provisions of Clauses 1, 2, 3, and 4 of this Article.

Article 5. Completing the retirement benefit file and issuing the retirement certificate

1. The organizational cadre agency under the Public Security unit or locality shall, based on regulations, complete the monthly pension payment file and submit it to the Social Insurance for Police Officers before three months (counting from the date when the police officer begins to receive monthly pension).

2. The Social Insurance for Police Officers shall be responsible for receiving the application file for monthly retirement benefits, reviewing, issuing the decision on monthly retirement benefits, issuing the retirement certificate, the letter introducing the monthly pension payment, and transferring the processed retirement file back to the Public Security unit or locality for organizing the issuance of the retirement certificate to the officers.

3. The process of issuing the retirement certificate shall be carried out as follows:

a) The General Department of Force Building of the Police (the Cadre Organization Bureau) shall take the lead, in coordination with the Ministry's Office, report to the Minister and the Central Party Committee of the Public Security to organize the issuance of the retirement certificate for the leaders of the Ministry.

b) The organizational cadre agency under the Public Security unit or locality, upon receipt of the processed retirement file from the Social Insurance for Police Officers, shall be responsible for reporting to the Party Committee (or the Standing Committee of the Party Committee) and the Head of the Public Security unit or locality (where the officer worked before retirement) to proceed with the organization of issuing the certificate to the officer. The participants shall be determined by the Head of the unit.

4. The organizational cadre agency under the Public Security unit or locality shall be responsible for guiding retired police officers to directly bring their retirement file (or send the sealed retirement file via postal service) 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 pension, while notifying in writing for the provincial or centrally-administered city Public Security where the officer resides to know, manage, and implement policies for retired police officers.

5. In cases where the decision to retire on hold has been announced before this Circular takes effect but the retirement certificate has not yet been issued, the issuance of the retirement certificate shall be carried out according to the provisions of Clauses 1, 2, 3, and 4 of this Article.

Article 6. Gifts for Retired Police Officers

To recognize the contributions of police officers in the national security cause, the Ministry of Public Security shall present gifts to retired police officers, including:

1. A Commemorative Gift.

2. Monetary gifts:

a) Retired leaders of the Ministry of Public Security shall be presented with six months of the general minimum wage.

b) Retired leaders at the General Department level and equivalent shall be presented with five months of the general minimum wage.

c) Retired leaders at the Bureau level and equivalent; retired leaders of provincial-level Public Security shall be presented with four months of the general minimum wage.

d) For other remaining categories of retirees, they shall be presented with three months of the general minimum wage.

e) In cases where individuals held leadership or command positions but later ceased to hold such positions due to extended service age limits, the amount of monetary gift upon retirement shall be based on their previous leadership or command position before the extension of service age limits.

(The general minimum wage mentioned above shall be applied by the Government for armed forces personnel at the time of retirement waiting period, as reflected in the retirement waiting decision of the competent authority, or at the time of receiving pension for those who do not wait but retire immediately).

3. Commemorative gifts and monetary gifts shall be presented at the announcement of the retirement waiting decision. In cases of immediate retirement (without announcing and waiting), the gift shall be presented at the ceremony for issuing the retirement certificate.

4. The production costs of commemorative gifts and the costs of monetary gifts shall be allocated from the regular budget of the Ministry of Public Security.

Chapter III

IMPLEMENTATION

Article 7. Effectiveness

This Circular shall take effect from May 1, 2013. The Circular No. 15/2008/TT-BCA dated September 1, 2008, of the Ministry of Public Security guiding the procedures for handling retirement benefits for police officers is hereby abolished.

Article 8. Responsibility for Implementation

1. The Chief of General Departments, the Commander of Guard Service, the Commander of Mobile Police, the Heads of units under the Ministry, and the Directors of provincial-level Public Security shall be responsible for disseminating, implementing, and strictly enforcing the provisions of this Circular.

2. Before September 1 each year, the General Departments, the Military Commands, units under the Ministry, and provincial-level Public Security shall prepare a list of police officers eligible for retirement waiting next year and submit it to the General Department of Force Building of the Public Security (through the Policy Bureau) for planning the production and distribution of commemorative gifts.

3. The General Department of Force Building of the Public Security shall be responsible for guiding and supervising the implementation of this Circular; directing the Policy Bureau to take the lead, in coordination with the Finance Bureau and the Joint Stock Company 19-5 under the General Logistics and Technical Department of the Ministry of Public Security to organize the production and distribution of commemorative gifts of the Ministry of Public Security to ensure quality and sufficient quantity.

4. The Finance Bureau shall be responsible for ensuring the funds for gifts for retired police officers as stipulated in this Circular within the regular budget of the Ministry of Public Security.

During the implementation process, if there are any difficulties, the Public Security units and localities shall report to the Ministry (through the General Department of Force Building of the Public Security) for guidance and resolution.