Decree No. 211/2004/ND-CP detailing the implementation of certain provisions of the Confidential Service Ordinance on uniform standards; leave entitlements and annual public service obligations for confidential service personnel.

DECREE OF THE GOVERNMENT

Detailed implementation of certain provisions of the Confidential Service Ordinance regarding standards

 of uniforms; leave regulations and annual public service obligations

 for personnel currently engaged in confidential work

____________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Cryptographic Law dated April 4, 2001;

At the proposal of the Director of the Confidential Service Agency under the Government, the Minister of Interior Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope and regulated subjects

1. This Decree details the implementation of certain provisions of the Confidential Service Ordinance concerning uniform standards, leave regulations, and annual public service obligations for personnel currently engaged in confidential work.

2. Personnel currently engaged in confidential work as defined in this Decree include those working in the confidential sector receiving salaries according to the pay scale for armed forces but not being military personnel or people's police officers.

Article 2. Sources of Funds

Based on current quotas and standards, the Ministry of Finance will allocate the state budget annually in accordance with the State Budget Law to ensure funding for the implementation of regulations and policies for personnel currently engaged in confidential work as stipulated in this Decree.

Chapter II

UNIFORM STANDARDS; LEAVE REGULATIONS

AND PERFORMANCE OF ANNUAL PUBLIC SERVICE OBLIGATIONS

FOR PERSONNEL CURRENTLY ENGAGED IN CONFIDENTIAL WORK

Section 1

UNIFORM STANDARDS

Article 3. Principles for ensuring uniform standards

1. Ensuring the satisfaction of regular living, working, training, field exercises, and readiness to meet urgent work requirements.

2. Ensuring suitability with the demands of confidential work tasks, economic and social conditions, and the state budget capacity at each stage.

3. Being consistent with general development trends and specific characteristics of each group.

4. Ensuring standards through monetary compensation or provision of physical items.

5. Encouraging efficient and reasonable use in ensuring standards.

Article 4. Uniform standards for personnel currently engaged in confidential work

1. Regular uniforms, seasonal uniforms, and cold weather uniforms are provided to personnel currently engaged in confidential work.

2. Operational uniforms are equipped for personnel directly performing training, combat support, and specialized work tasks.

Article 5. List of uniform standards

The list of uniform standards for personnel currently engaged in confidential work is attached to this Decree.

Article 6. Uniform quotas

Based on the types of uniforms specified in Article 5 of this Decree, the Confidential Service Agency under the Government and the Ministry of Finance will provide detailed guidance annually on the types and quality of each type of uniform to ensure suitability.

Section 2

LEAVE REGULATIONS

Article 7. Leave regulations for confidential work personnel

1. Personnel currently engaged in confidential work are entitled to the following leave benefits:

a) Annual leave;

b) Public holidays and traditional festivals within the year.

2. During the leave periods specified in Clause 1 of this Article, personnel currently engaged in confidential work will receive full salary, allowances, and reimbursement for travel expenses when taking annual leave in accordance with labor laws and current regulations.

Article 8. Annual leave regulations

1. Annual leave for personnel currently engaged in confidential work shall be carried out according to the plan of the agency or organization using confidential services. The principle is that leave taken in a given year must be taken in that year, without accumulation to the next year, and unpaid leave is not compensated in cash.

In cases where work requirements necessitate it, the management agency of personnel engaged in confidential work may require such personnel to postpone their planned leave; request personnel on leave to return to their units to perform tasks. The remaining annual leave time of the personnel can be combined with the next year's annual leave period or continued after completing the assigned tasks.

2. The duration of annual leave for personnel currently engaged in confidential work is as follows:

a) Less than 15 years of service, 20 days of leave;

b) 15 years of service or more, the number of leave days increases by one day for every five years of service.

Article 9. Annual public holidays and festivals leave

Personnel engaged in confidential work shall be entitled to annual leave on public holidays and festivals as stipulated by the Labor Code. In cases where work requirements necessitate working during such holidays and festivals, compensatory leave shall be granted on the following day.

Section 3

PERFORMANCE OF ANNUAL PUBLIC SERVICE LABOR DUTIES

Article 10. Personnel engaged in confidential work within the age range for performing annual public service labor duties shall be exempted from such duties as prescribed for officers of the People's Army under Clauses 1 and 2 of Article 10 of the Ordinance on Public Service Labor Duties.

Chapter III

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 11. Awards

Organizations, entities, and individuals who achieve outstanding results in ensuring standards for personnel engaged in confidential work shall be awarded according to the regulations on competition and rewards.

Article 12. Handling Violations

Organizations and individuals who violate the provisions concerning the assurance of standards for personnel engaged in confidential work shall be subject to disciplinary action or criminal responsibility as prescribed by law, depending on the severity and nature of the violation. If damage is caused, compensation must be provided in accordance with the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Effective Date

1. This Decree shall take effect fifteen days from the date of publication in the Official Gazette.

The standards for personnel engaged in confidential work as stipulated in this Decree shall take effect from January 1, 2005. Previous regulations inconsistent with this Decree are hereby abolished.

2. Students engaged in confidential work who enjoy living allowances not belonging to the People's Army or the People's Public Security shall be entitled to clothing standards as currently prescribed for students at military schools.

Article 14. Responsibilities for Guidance

The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Confidentiality Agency of the Government to guide the implementation of specific standards for each category of personnel engaged in confidential work, ensuring they are appropriate to the characteristics of confidential work.

Article 15. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and organizations using confidential services shall be responsible for implementing this Decree.

LIST

UNIFORM STANDARDS

OF PERSONNEL ENGAGED IN CONFIDENTIAL WORK

(Adopted along with Decree No. 211/2004/NĐ-CP

dated December 22, 2004 of the Government)

Remarks: A winter uniform set includes: 01 winter suit + 01 long-sleeved shirt.

A summer uniform set includes: 02 long pants + 01 short-sleeved shirt or 01 long pants + 02 short-sleeved shirts.