Circular No. 17/2013/TT-BCA guiding the implementation of promotion of rank and increase of pay grade for police officers, workers, and staff when retiring

CIRCULAR

Guidelines for implementing promotions in rank and salary increments for officers, police workers, and staff when retiring

police officers when retiring

_______________

 

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. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the wage system for civil servants, public officials, and armed forces;

Pursuant to Decree No. 43/2007/NĐ-CP dated March 26, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on Public Security Officers;

At the proposal of the Director of the General Department for Building the Public Security Force;

The Minister of Public Security issues this Circular guiding the implementation of promotions in rank and salary increments for officers, police workers, and staff when retiring,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of promotions in rank and salary increments for officers, police workers, and staff when retiring. The examination of promotions in rank and salary increments for general officers in the Public Security Force when retiring shall be carried out according to separate regulations.

Article 2. Applicability

1. Scope of application:

a) Operational officers and technical officers (hereinafter referred to collectively as officers);

b) Police workers and staff.

2. Non-applicable Subjects:

a) Contract laborers in the Public Security Force;

b) Officers who have been disciplined with the revocation of their Public Security Officer title or police workers and staff who have been forced to leave their positions.

Article 3. Principles

1. The examination of promotions in rank and salary increments for officers, police workers, and staff when retiring shall only be conducted once before retirement waiting period or before enjoying pension benefits.

2. The officer's rank prior to retirement shall not be considered to determine the age limit for service.

Article 4. Criteria and conditions for examining promotions in rank and salary increments

Officers and police workers and staff who retire may be examined for promotions in rank and salary increments if their current rank and salary grade are lower than or equal to the highest rank and salary grade prescribed for the position they hold and meet the criteria, duration, specifically as follows:

1. Officers and police workers and staff who have enjoyed their rank and salary grade for two-thirds of the term or more during the retirement waiting period and have not been disciplined with a reprimand or higher (including party, administrative, and mass organizations) shall be eligible for promotion in rank or salary increment three months before the retirement waiting period. If they meet the condition of having enjoyed their rank and salary grade for two-thirds of the term or more at the time of enjoying pension benefits, they shall be eligible for promotion in rank or salary increment three months before enjoying pension benefits.

Specifically, officers who have enjoyed their second salary grade shall be eligible for promotion in rank six months before the retirement waiting period (except for those specified in Clause 1, Clause 2 of Article 5 and Clause 2 of Article 7 of this Circular).

2. During the period of enjoying rank or salary grade before retirement, if officers and police workers and staff are disciplined with a reprimand or higher (including party, administrative, and mass organizations), they must complete the term to be eligible for promotion in rank or salary increment three months before the retirement waiting period (if they meet the condition at the time of the retirement waiting period) or three months before enjoying pension benefits (if they meet the condition at the time of enjoying pension benefits).

3. Officers who are not party members at the time of retirement, if they meet the criteria, conditions, and duration stipulated in Clause 1 or Clause 2 of this Article, shall be eligible for salary increment. In cases where the current rank is lower than the rank of Major, they shall also be eligible for promotion in rank.

4. "Term" for promotion in rank and salary increment as stipulated in this Circular is determined as the examination period for promotion in rank and salary increment according to Clause 1, Section II of Circular No. 10/2007/TT-BCA dated August 2, 2007 of the Minister of Public Security guiding the annual promotion in rank and salary increment for officers and non-commissioned officers in the Public Security Force; Circular No. 03/2005/TT-BNV dated January 5, 2005 of the Ministry of Home Affairs guiding the regular salary increment and early salary increment for cadres, civil servants, and public officials; and calculated from the time officers and police workers and staff enjoy their current promotion in rank and salary increment until the time of the retirement waiting period or enjoying pension benefits. Years in which officers and police workers and staff fail to complete their tasks or do not participate in commendation due to exceeding the prescribed leave period shall not be counted.

Article 5. Promotion of rank grade and increase of pay grade for officers retiring before the maximum service age

1. Officers retiring before the maximum service age for four years or more, if meeting the criteria and conditions for promotion of rank grade and increase of pay grade, shall be considered for promotion of rank grade and increase of pay grade three months prior to the date they start receiving retirement benefits, specifically:

a) If the current rank grade and pay grade are lower than the highest rank grade and pay grade prescribed for the position held, they will be promoted to the next higher rank grade and pay grade;

b) If they have been enjoying the highest rank grade for two-thirds of the term of service or more, they will be eligible for the first increase of pay grade at that rank grade;

c) If they have been enjoying the first pay grade at that rank grade for two-thirds of the term of service or more, they will be eligible for the second increase of pay grade and promotion to the next higher rank grade. If they are already enjoying the second pay grade at that rank grade, they will be promoted to the next higher rank grade (except for those not eligible for promotion of rank grade as specified in Clause 2, Article 7).

2. Officers retiring before the maximum service age for less than four years, if meeting the criteria and conditions for promotion of rank grade and increase of pay grade before retirement, will be considered for promotion of rank grade and increase of pay grade from the month they start waiting for retirement.

3. In the case of officers who are War Invalids, suffering from serious illnesses, or having worked continuously for fifteen years or more (up to the time of waiting for retirement) in areas with extremely difficult economic and social conditions, areas with a regional allowance coefficient of 0.50 or higher, or islands, retiring before the maximum service age, they will be eligible for promotion of rank grade and increase of pay grade as if they were retiring at the maximum service age.

Chapter II

SPECIFIC PROVISIONS

Article 6. Promotion and increase of pay grade at rank grade for officers holding leadership and command positions

1. Officers holding division-level positions and equivalent, if they have been promoted to the rank grade of Senior Colonel (or enjoying the first pay grade at the rank grade of Senior Colonel) for two-thirds of the term of service or more, will be considered for the first increase of pay grade at the rank grade of Senior Colonel (or the second increase of pay grade at the rank grade of Senior Colonel). If they have been enjoying the second pay grade at the rank grade of Senior Colonel (coefficient 8.60), they will maintain this grade to implement the retirement benefit system.

2. Officers holding department-head level positions and equivalent, if they have been promoted to the rank grade of Senior Colonel (coefficient 8.00) for two-thirds of the term of service or more, or promoted to the rank grade of Senior Colonel (coefficient 8.10) for two years or more, will be considered for the first increase of pay grade at the rank grade of Senior Colonel (coefficient 8.40).

Example 1: Comrade Duong Van K, Head of Department X, rank grade of Senior Colonel (coefficient 8.10/2010), started waiting for retirement from September 1, 2013. Comrade K was considered for an increase of pay grade from coefficient 8.10 to coefficient 8.40, starting from June 1, 2013.

Officers holding department-head level positions and equivalent, if they have been enjoying the first pay grade at the rank grade of Senior Colonel (coefficient 8.40), will maintain this grade to implement the retirement benefit system.

3. Officers holding department-level positions and equivalent or lower (excluding those specified in Clause 2 of this Article), currently having a rank grade equal to or lower than the highest rank grade prescribed for the position held:

a) If they are enjoying the second pay grade at their rank grade, they will be considered for promotion to the next higher rank grade six months before waiting for retirement.

Example 2: Comrade Le Van C, Deputy Head of Department X, rank grade of Major (coefficient 8.10/2012), started waiting for retirement from October 1, 2013. Comrade C was considered for promotion from the rank grade of Major (coefficient 8.10) to Senior Colonel, starting from April 1, 2013;

b) If they are enjoying the first pay grade at their rank grade for two-thirds of the term of service or more, they will be considered for the second increase of pay grade at their rank grade and promotion to the next higher rank grade.

Example 3: Comrade Hoang Van M, Deputy Head of Provincial Police H, rank grade of Major (coefficient 7.70/2009), started waiting for retirement from June 1, 2013. Comrade M was considered for an increase of pay grade from coefficient 7.70 to coefficient 8.10 and promotion from the rank grade of Major to Senior Colonel, starting from March 1, 2013;

c) If they are enjoying the first pay grade at their rank grade but have not yet reached two-thirds of the term of service, or have been enjoying their rank grade for two-thirds of the term of service or more, they will be considered for promotion to the next higher rank grade.

Example 4: Comrade Do Dinh H, Team Leader, County Police Q, rank grade of Lieutenant Colonel (coefficient 7.00/2012), started waiting for retirement from June 1, 2013. Comrade H was considered for promotion from the rank grade of Lieutenant Colonel (coefficient 7.00) to Major, starting from March 1, 2013.

4. Officers holding department-level positions and equivalent or lower (excluding those specified in Clause 2 of this Article), currently having a rank grade higher than the highest rank grade prescribed for the position held, will maintain their current rank grade to implement the retirement benefit system.

Specifically, officers who directly participated in combat in Zones B, C, K before April 30, 1975, or worked before April 30, 1975 and were awarded War Merit or War Commendation Medals, or are War Invalids (Type A), if they have been promoted to a rank grade higher than the highest rank grade prescribed for the position held for two-thirds of the term of service or more, will be considered for the first increase of pay grade at that rank grade three months prior to the date they start receiving retirement benefits.

Example 5: Comrade Nguyen Van M (participated in combat in Zone B before April 30, 1975), Deputy Head of Department X, rank grade of Senior Colonel/2010; started receiving retirement benefits from December 1, 2013. Comrade M was considered for an increase of pay grade from coefficient 8.00 to coefficient 8.40, starting from September 1, 2013.

Article 7. Promotion and salary increase for non-leadership and command officers

1. Officers who were previously leaders or commanders (ceased to hold positions, relieved of duties, resigned from leadership or command positions according to Circular No. 26/2011/TT-BCA dated May 4, 2011 of the Minister of Public Security)

a) Officers who ceased to hold positions or resigned but still retain position allowances:

- If they retire during the period they retain position allowances, they will be considered for promotion and salary increase as stipulated for officers holding leadership or command positions (as guided in Article 6 of this Circular);

- If they retire outside the period they retain position allowances, they will be considered for salary increase as follows: At the time of retirement, if they have held the rank grade or received the rank grade salary for the first time (as prescribed for the previous position) for two-thirds of the service period or more, they will be considered for a first-time rank grade salary increase or a second-time rank grade salary increase; no further promotion in rank grade will be considered.

b) Officers who are relieved of duties or cease to hold positions or resign but do not retain position allowances will not be considered for promotion in rank grade or salary increase as prescribed for the positions they held.

2. Officers appointed to a position with the highest rank grade ceiling of Senior Lieutenant Colonel, if they have held the rank grade of Senior Lieutenant Colonel for two-thirds of the service period or more, will be considered for a first-time salary increase at the rank grade of Senior Lieutenant Colonel. If they have received a first-time salary increase at the rank grade of Senior Lieutenant Colonel for two-thirds of the service period or more, they will be considered for a second-time salary increase. If they have received a second-time salary increase at the rank grade of Senior Lieutenant Colonel, they will maintain their current status to implement the retirement system.

In particular, officers who directly participated in combat in Zones B, C, K before April 30, 1975 or worked before April 30, 1975 and were awarded Resistance Medals against the United States or are War Invalids (Class A), if they have received the second-time salary increase at the rank grade of Senior Lieutenant Colonel (coefficient 8.10) or the first-time salary increase at the rank grade of Senior Lieutenant Colonel (coefficient 7.70) for two-thirds of the service period or more, will be promoted to the rank grade of Major (coefficient 8.10).

3. Officers currently holding a rank grade equal to or lower than the highest rank grade prescribed for the position they hold (excluding those specified in Clause 2 of this Article):

a) If they are enjoying the second pay grade at their rank grade, they will be considered for promotion to the next higher rank grade six months before waiting for retirement.

Example 6: Comrade Ha Van D, Intermediate Investigator, Provincial Police T, rank grade Lieutenant Colonel (coefficient 7.40/2012), retired on September 1, 2013. Comrade D was considered for promotion from Lieutenant Colonel (coefficient 7.40) to Senior Lieutenant Colonel, effective March 1, 2013;

b) If they are currently receiving the first-time salary increase at the rank grade for two-thirds of the service period or more, they will be eligible for a second-time salary increase and promotion to the next higher rank grade.

Example 7: Comrade Nguyen Thi Y, Instructor T31, rank grade Lieutenant Colonel (coefficient 7.00/2010), retired on August 1, 2013. Comrade Y was considered for a salary increase from coefficient 7.00 to 7.40 and promotion from Lieutenant Colonel to Senior Lieutenant Colonel, effective May 1, 2013;

c) If they are currently receiving the first-time salary increase at the rank grade but have not yet reached two-thirds of the service period or have been at the rank grade for two-thirds of the service period or more, they will be considered for promotion to the next higher rank grade.

Example 8: Comrade Tran Ngoc N, Intermediate Police Officer, Provincial Police K, rank grade Lieutenant Colonel (coefficient 7.00/2012), retired on July 1, 2013. Comrade N was considered for promotion from Lieutenant Colonel (coefficient 7.00) to Senior Lieutenant Colonel, effective April 1, 2013.

4. Officers (with intermediate or university level education) currently holding a rank grade lower than Lieutenant Colonel and receiving the salary increase at the rank grade of Lieutenant Colonel (coefficient 6.60) for two-thirds of the service period or more, if they meet the educational requirements, will be considered for promotion and a salary increase at the next higher rank grade. If the time receiving the salary increase at the coefficient 6.60 has not reached two-thirds of the service period to consider a salary increase at coefficient 7.00, they will only be considered for promotion to the next higher rank grade.

Example 9: Comrade Nguyen Thanh T, police officer, Provincial Police H, rank grade Major (coefficient 6.60/2010), retired on September 1, 2013. Comrade T was considered for promotion from Major to Captain and a salary increase from coefficient 6.60 to 7.00, effective June 1, 2013.

5. Officers with primary level education, if they were previously promoted to the rank grade of Senior Lieutenant or below and are currently receiving the salary increase at the rank grade of Captain (coefficient 6.00) or the rank grade of Lieutenant Colonel (coefficient 6.60) or below, when retiring, will be considered for promotion to the next higher rank grade and maintain the current salary coefficient to implement the retirement system. If they have received a salary coefficient of 6.00 or above and have been promoted to the rank grade of Major or above, they will maintain their current rank grade and salary coefficient to implement the retirement system.

Example 10: Comrade Hoang Minh P, trained at the primary level as a Police Officer, police officer, County Police E, rank grade Senior Lieutenant (coefficient 6.00/2004), retired on August 1, 2013. Comrade P was considered for promotion from Senior Lieutenant to Major, effective May 1, 2013 and maintained the salary coefficient 6.00 to implement the retirement system.

6. Promotion and salary increase for officers working in areas with regional allowance coefficients of 0.50 or higher or in island districts

a) Officers with primary level education or vocational training: If they have received a salary increase at the rank grade coefficient 6.00 or 6.60, they will maintain their current status to implement the retirement system; they will not be promoted to the rank grade of Captain.

b) Officers with intermediate level education:

- If they have been promoted to the rank grade of Captain for two-thirds of the service period or more, they will be considered for a salary increase at the rank grade coefficient 6.60; they will not be promoted to the rank grade of Lieutenant Colonel;

- If they have been promoted to the rank grade of Lieutenant Colonel for two-thirds of the service period or more, they will be considered for a first-time salary increase at the rank grade of Lieutenant Colonel, coefficient 7.00. If they have received the first-time salary increase at the rank grade of Lieutenant Colonel, coefficient 7.00 for two-thirds of the service period or more, they will be considered for a second-time salary increase at the rank grade of Lieutenant Colonel, coefficient 7.40. They will not be promoted to the rank grade of Senior Lieutenant Colonel.

c) Specifically, officers with primary level (or intermediate level) education but have continuously worked for 15 years or more (counted until the date of retirement) in areas with regional allowance coefficients of 0.50 or higher (not applicable to cities or towns) or in island districts will be considered for promotion and salary increase as stipulated for officers with intermediate level (or university level) education.

7. Officers not holding leadership or command positions who directly participated in combat operations in Zones B, C, and K before April 30, 1975, or were engaged in work before April 30, 1975, and have been awarded Resistance Medals against the United States or are War Invalids (Type A), if they have served for two-thirds or more of the term年限规定高于其职务或教育程度规定的最高级别，退休前3个月可考虑晋升该级别的第一次增资。

Example 11: Comrade Nguyen Van B (a Type A War Invalid), an officer of the Provincial Police Force H, with the rank of Senior Lieutenant Colonel (coefficient 7.30/2010), began to enjoy retirement benefits from August 1, 2013. Comrade B was considered for the first increase in salary coefficient to 7.70 for the rank of Senior Lieutenant Colonel, effective from May 1, 2013.

Article 8. Promotion of rank and salary increment for technical officers

1. Technical officers (CMKT) when retiring, if currently receiving a lower grade than the maximum grade stipulated for their group or position for two-thirds or more of the term年限规定，则可以考虑晋升为相邻的更高一级。

In cases where the new grade corresponds to a higher rank, promotion to that higher rank shall be granted simultaneously.

2. Technical officers (CMKT) currently receiving the maximum grade stipulated for their group or position shall maintain the current grade to implement the retirement system. If they meet the conditions specified in Clause 3, Section III of Circular No. 02/2005/TT-BCA dated January 26, 2005, issued by the Minister of Public Security guiding the implementation of the new salary system for officers, non-commissioned officers, soldiers, and public servants in the People's Public Security force, they may enjoy an additional seniority allowance beyond the ceiling.

3. Technical officers who directly participated in combat operations in Zones B, C, and K before April 30, 1975, or were engaged in work before April 30, 1975, and have been awarded Resistance Medals against the United States or are War Invalids (Type A), if currently receiving the final grade (including cases where they have received an additional seniority allowance beyond the ceiling) at the primary level (or intermediate level) for two years or more, may be considered for transfer to a higher intermediate (or advanced) grade and salary increment.

Example 12: Comrade Le Minh T, who participated in combat operations in Zone B since 1974, with the rank of Major (CMKT), salary coefficient 6.20 (N1-TC) + 8% additional seniority allowance beyond the ceiling, began to enjoy retirement benefits from July 1, 2013. Comrade T was considered for transfer to a higher grade, salary increment from coefficient 6.20 (N1-TC) + 8% additional seniority allowance beyond the ceiling to coefficient 6.80 (N2-CC), and promotion from Major to Senior Lieutenant Colonel (CMKT), effective from April 1, 2013.

Article 9. Salary increment and job reassignment for police workers upon retirement

1. Police workers currently receiving a lower grade than the maximum grade stipulated in the salary table for officials, civil servants, and public servants, if meeting the conditions and standards, may be considered for a salary increment to the next higher grade. If currently receiving the maximum grade stipulated in the salary table for officials, civil servants, and public servants, they shall maintain the current grade to implement the retirement system. If they meet the conditions specified in Clause 3, Section III of Circular No. 02/2005/TT-BCA dated January 26, 2005, issued by the Minister of Public Security guiding the implementation of the new salary system for officers, non-commissioned officers, soldiers, and public servants in the People's Public Security force, they may enjoy an additional seniority allowance beyond the ceiling.

2. Police workers who participated in combat operations in Zones B, C, and K before April 30, 1975, or were engaged in work before April 30, 1975, and have been awarded Resistance Medals against the United States, if willing, may be reassigned to the cadre category and conferred the rank of technical officer (CMKT).

Chapter III

IMPLEMENTATION

Article 10. Effective Date

1. This Circular takes effect from May 10, 2013.

2. The provisions on promotion of rank and salary increment for officers, workers, and public servants of the People's Public Security force upon retirement in Section IV of Circular No. 11/2008/TT-BCA(X13) dated August 6, 2008, issued by the Minister of Public Security guiding the implementation of certain policies for officers, workers, and public servants of the People's Public Security force retiring on pension, and previous regulations of the Ministry of Public Security conflicting with this Circular, are hereby abolished.

Article 11. Responsibility for Implementation

1. The Director of the General Department, heads of units under the Ministry, Directors of Provincial Public Security Departments, and Directors of Fire Prevention and Control Departments are responsible for organizing the implementation of this Circular.

2. The Director of the General Department of Public Security Force Construction is responsible for guiding and supervising the implementation of this Circular.

3. During the implementation process, if there are any difficulties, local public security units should report to the Ministry (through the General Department of Public Security Force Construction) for timely guidance.