Decree No. 32/2013/NĐ-CP guiding the Law on Cryptographic Affairs regarding the regime and policies for persons engaged in cryptographic work

DECREE

Detailed regulations and guidance on implementation of certain provisions of the Law on Cryptographic Affairs concerning treatment and policies for cryptographic personnel

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

Pursuant to the Law on Cryptographic Affairs dated November 26, 2011;

"Based on the proposal of the Minister of National Defense;"

The Government promulgates this Decree providing detailed regulations and guidance on implementation of certain provisions of the Law on Cryptographic Affairs concerning treatment and policies for cryptographic personnel,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates certain treatment and policy provisions for cryptographic personnel including material后勤补给标准；医疗照顾制度和休假制度；退休、转业、离职、牺牲、死亡或转任其他组织的机密工作人员的制度和政策；特殊机密工作补贴和其他制度和政策。

Article 2. Applicability

1. Cryptographic personnel who are not military personnel or public security officers shall enjoy the treatment and policy provisions stipulated in this Decree.

2. Cryptographic personnel who are military personnel or public security officers shall enjoy the treatment and policy provisions stipulated in Clause 2, Article 4, Article 22, Section IV of List No. 01 and Tables 13, 14, 15, and 16 of List No. 04 issued together with this Decree.

Chapter II

MATERIAL LOGISTICS STANDARDS

Article 3. Food Standards for Personnel Engaged in Confidential Work

1. The food standard for cryptographic personnel engaged in particularly arduous, toxic, dangerous, or arduous, toxic, dangerous work shall be implemented as follows:

a) The caloric intake, quantitative structure, and ratio of heat-producing substances shall be specified in accordance with the tasks of each category;

b) The food allowance shall be calculated at 1.3 to 3.5 times higher than the food standard for non-commissioned officers and soldiers of the infantry branch of the People's Army.

2. Cryptographic personnel who are injured or sick and treated at military medical facilities shall eat according to the food standard of military personnel with the same salary level at the same time in the same locality.

3. Cryptographic personnel shall enjoy the food allowance when participating in training, combat duty, exercises, flood prevention, disaster relief, firefighting, search and rescue operations, and other tasks.

Article 4. Uniform standards for personnel engaged in confidential work

1. The uniform standards for cryptographic personnel are stipulated in List No. 01 issued together with this Decree.

2. Uniforms for operational purposes shall be provided to cryptographic personnel directly performing training, combat support, and specialized work duties.

Article 5. Medical Material Standards

1. The medical material standards for cryptographic personnel are stipulated in List No. 02 issued together with this Decree.

2. The drug, bandage, and chemical standards shall be guaranteed at the same level as those of active-duty military personnel with the same salary level at the same time.

3. The equipment and medical instrument standards include:

a) Initial equipment and medical instrument standards and annual replacement equipment and medical instrument standards;

b) Equipment and medical instrument standards provided according to different types of medical facilities within the cryptographic force;

c) Operational uniforms for medical purposes.

4. Sanitation supply standards shall be guaranteed according to the nature of the tasks and work of cryptographic personnel in different areas and working regions.

Article 6. Collective Living Space, Work Space, Official Residence, Public Life Space, and Other Ancillary Facilities Standards in Camps

1. The collective living space, work space, public life space, and other ancillary facility standards in camps are stipulated in List No. 03 issued together with this Decree.

2. The official residence area standard for leaders in the cryptographic force at the Bureau or Department level and above, who are implementing the policy of transfer and rotation without their own residence or land and have a need for housing, may lease an official residence apartment according to the provisions of the Law on Housing and its detailed implementing regulations.

Article 7. Standards for office equipment

1. The standards for office equipment for personnel engaged in cryptographic work are specified in Appendix No. 04 issued together with this Decree.

2. The Minister of National Defense shall specify in detail the dimensions and models of the office equipment prescribed in Clause 1 of this Article.

Article 8. Standards for equipping dining halls, kitchens, and catering equipment

The standards for equipping dining halls, kitchens, and catering equipment for units and organizations within the cryptographic force shall be implemented according to the regulations of the Minister of National Defense.

Article 9. Standards for electricity consumption

1. The standards for electricity consumption for personnel engaged in cryptographic work are specified in Appendix No. 05 issued together with this Decree.

2. Units and organizations under the cryptographic force stationed on islands, border posts, or other areas without access to national power grids shall be equipped with generators to ensure the electricity consumption standards as stipulated in Clause 1 of this Article.

3. The Minister of National Defense shall specify in detail:

a) Electricity consumption standards for the export, import, storage, maintenance, repair, and sealing of technical and operational secret equipment, means of transportation, and spare parts at warehouses and technical zones;

b) Standards and equipment for generators for units and organizations under the cryptographic force as stipulated in Clause 2 of this Article.

Article 10. Standards for clean water consumption in daily life

1. The standard for clean water consumption in daily life to ensure sufficient supply is 130 to 150 liters of clean water per person per day.

2. Units and organizations under the cryptographic force stationed in areas without sufficient clean water shall be equipped with machinery and equipment or invest in construction projects to ensure the standards as stipulated in Clause 1 of this Article.

Article 11. Principles for determining material support standards for personnel engaged in cryptographic work

1. Material support standards for personnel engaged in cryptographic work are defined as follows:

a) Quantity standards serve as the primary basis;

b) In terms of value, based on technical standards for each type of material and prices at each time point (annual average price) to calculate the budget guarantee. Equipment that must be purchased in foreign currency shall be calculated based on the exchange rate for foreign currency at each time point. For types of materials that cannot be quantified, the price at the time of issuance of this Decree shall be adjusted annually according to the inflation index announced by the competent state agency. The Minister of National Defense shall adjust the inflation index for material support standards for personnel engaged in cryptographic work as appropriate.

2. For the standards of medical material support for personnel engaged in cryptographic work, they shall be equivalent to the level of health insurance coverage at the same time plus special factors in the field of cryptographic activities.

3. Based on actual circumstances, the Minister of National Defense shall submit to the Prime Minister for revision and supplementation of Appendices No. 01, No. 02, No. 03, No. 04, and No. 05 issued together with this Decree.

Chapter III

HEALTH CARE REGIME AND LEAVE REGIME

Personnel engaged in confidential work shall be entitled to medical care; they may undergo medical examination and treatment at military medical facilities; when they fall ill far from such facilities or suffer from diseases that these facilities cannot treat, they may seek medical examination and treatment at medical facilities covered by health insurance and enjoy benefits equivalent to those of military personnel with the same salary level at the same time in the same area.

Article 13. Leave Regulations for Personnel Engaged in Confidential Work

1. Personnel engaged in confidential work shall be entitled to annual leave, special leave, and holidays throughout the year, similar to military personnel.

2. Personnel engaged in confidential work shall be entitled to unpaid leave in accordance with the provisions of labor laws.

Chapter IV

REGULATIONS AND POLICIES FOR PERSONNEL ENGAGED IN CONFIDENTIAL WORK UPON RETIREMENT, TRANSFER TO ANOTHER FIELD, RESIGNATION, SACRIFICE, DEATH, OR TRANSITION TO OTHER WORK IN THE CONFIDENTIAL ORGANIZATION

Article 14. Regulations and Policies for Personnel Engaged in Confidential Work Upon Retirement

1. Personnel engaged in confidential work upon retirement shall be entitled to social insurance benefits in accordance with the provisions of the Social Insurance Law.

2. One-time allowance regulations for personnel engaged in confidential work who retire before the statutory age, as stipulated in Article 27 of the Confidential Work Law, are as follows:

a) The beneficiaries of the one-time allowance are personnel engaged in confidential work who are surplus due to organizational restructuring or changes in staffing levels pursuant to decisions made by competent authorities;

b) The one-time allowance includes:

- An allowance of three months' salary for each year retired before the statutory age;

- An allowance equal to five months' salary for the first twenty years of service; for each year beyond twenty years, an allowance of half a month's salary will be provided.

Article 15. Regulations and Policies for Personnel Engaged in Confidential Work Upon Transfer to Another Field

1. Personnel engaged in confidential work who transfer to another field and are recruited to work at state agencies, public institutions, or political-social organizations (hereinafter referred to collectively as state agencies) shall enjoy the following rights:

a) Priority in job placement suitable to their professional expertise, technical skills, and vocational training; necessary specialized and vocational training commensurate with their assigned tasks;

b) Exemption from competitive examinations if transferring back to the original agency or transferring according to the requirements of the competent authority;

c) Priority in adding points to their recruitment results when taking competitive examinations or being considered for civil servant or public official positions in accordance with the legal provisions on the recruitment, employment, and management of civil servants and public officials in state agencies;

d) Assignment of appropriate pay grades corresponding to their new tasks. In cases where the new pay grade coefficient is lower than the coefficient of the pay grade previously enjoyed by personnel engaged in confidential work at the time of transfer, the difference between the coefficients at the time of transfer and the new coefficient shall be retained for a minimum period of eighteen months, subject to review and decision by the head of the agency responsible for managing civil servants and public officials, in line with internal salary relationships. During the retention period, if the new pay grade coefficient is equal to or higher than the previous coefficient, the new coefficient shall apply;

đ) Upon retirement, the calculation of pension shall be carried out in accordance with Clause 7, Article 34 of Decree No. 68/2007/ND-CP dated April 19, 2007 of the Government detailing and guiding the implementation of certain provisions of the Social Insurance Law regarding mandatory social insurance for military personnel, police officers, and personnel engaged in confidential work with salaries equivalent to those of military personnel and police officers (hereinafter referred to as Decree No. 68/2007/ND-CP).

2. Personnel engaged in confidential work who transfer to agencies and units funded by the state budget and then switch to agencies and units with salaries determined by the employer, upon retirement, the pension calculation shall include additional seniority allowances based on the working period at the confidential work salary level at the time of transfer and shall be converted according to the salary system in effect at the time of retirement.

3. For personnel engaged in confidential work who have transferred to another field and are subsequently redeployed to work in the confidential organization due to the needs of the confidential force and the approval of the competent authority, the period of transfer shall be counted towards continuous service time for salary increments and seniority in accordance with the law.

Article 16. Treatment and policies for personnel engaged in confidential work who transfer to work at enterprises, organizations, or units not funded from the state budget

Personnel engaged in confidential work who transfer to work at enterprises, organizations, or units not funded from the state budget shall be entitled to a one-time severance allowance as stipulated in Point b Clause 1 Article 17 of this Decree and social insurance benefits as prescribed by laws on social insurance; upon retirement, they shall not be entitled to pension benefits as stipulated in Clause 7 Article 34 of Decree No. 68/2007/NĐ-CP.

Article 17. Treatment and policies for personnel engaged in confidential work who cease employment

1. Personnel engaged in confidential work who cease employment in confidential organizations without meeting the conditions for retirement or transferring to another profession shall be granted cessation of employment and shall be entitled to the following benefits:

a) A job creation allowance equal to six months of the national minimum wage as prescribed by the Government; priority in vocational training or job placement;

b) A one-time severance allowance, with each year of service entitling them to an allowance equivalent to one month's salary;

c) Social insurance benefits and other benefits as prescribed by law.

2. Personnel engaged in confidential work who cease employment within a period not exceeding one year from the date the decision ceasing employment takes effect, if recruited into state agencies or units specified in Clause 1 Article 15 of this Decree, shall implement the transfer policy. When implementing the transfer policy, they must repay the one-time severance allowance as stipulated in Point b Clause 1 of this Article and repay the social insurance fund the one-time social insurance allowance already received. The state agency or unit issuing the transfer decision shall be responsible for recovering the severance allowance.

3. Personnel engaged in confidential work who cease employment within a period not exceeding one year from the date the decision ceasing employment takes effect, if recruited to work at enterprises, organizations, or units not funded from the state budget, and wish to continue their social insurance contribution period, must repay the social insurance fund the social insurance allowance already received.

Article 18. Treatment and policies for personnel engaged in confidential work who sacrifice or pass away

1. In the event that personnel engaged in confidential work sacrifice, their dependents shall be entitled to benefits as prescribed by laws on preferential treatment for persons meritorious to the revolution, laws on social insurance, and a one-time allowance, with each year of service entitling them to an allowance equivalent to one month's salary of the personnel engaged in confidential work before sacrificing.

2. In the event that personnel engaged in confidential work pass away, their dependents shall be entitled to social insurance benefits as prescribed by laws on social insurance and a one-time allowance, with each year of service entitling them to an allowance equivalent to one month's salary of the personnel engaged in confidential work before passing away.

Article 19. Treatment and policies for personnel engaged in confidential work who transfer to other work within a confidential organization

1. Personnel engaged in confidential work who transfer to other work within a confidential organization shall have their pay grade adjusted according to the new assignment, consistent with the group, industry assigned, educational qualifications, and the time of pay grade adjustment of personnel engaged in confidential work. In cases where the new pay grade coefficient is lower than the old pay grade coefficient at the time of changing the assignment, the difference between the old and new pay grade coefficients shall be retained until the pay grade is increased to the same level or higher.

2. Personnel engaged in confidential work who transfer to other work within a confidential organization shall have their service period converted for calculating the one-time allowance as stipulated in Article 20 of this Decree; upon retirement, they shall be entitled to the calculation of pension benefits as stipulated in Clause 7 Article 34 of Decree No. 68/2007/NĐ-CP.

Article 20. Conversion of time for calculating one-time allowance for personnel engaged in confidential work when ceasing employment in confidential organizations

1. Personnel engaged in confidential work with combat time, directly serving combat operations, or working in difficult areas, industries, or professions with special characteristics shall be eligible to have their time converted for calculating one-time allowance upon ceasing employment in confidential organizations according to the following provisions:

a) Personnel engaged in confidential work with combat time, directly serving combat operations, shall have that time converted at a rate of one year equal to one year and six months;

b) Personnel engaged in confidential work with time working in areas with a special area allowance of 100%; industries or professions classified as particularly arduous, toxic, or dangerous labor shall have that time converted at a rate of one year equal to one year and four months;

c) Personnel engaged in confidential work with time working in areas with a regional allowance coefficient of 0.7 or higher; industries or professions classified as arduous, toxic, or dangerous labor shall have that time converted at a rate of one year equal to one year and two months.

In cases where the same period of work meets two or three of the above conditions, the highest conversion rate shall apply.

In cases where the work period is intermittent, the total time for enjoying the one-time allowance shall be accumulated.

2. The additional time resulting from the conversion under Clause 1 of this Article shall be calculated for one-time allowance at a rate of one year equivalent to one month's salary.

Article 21. Salary and Working Time for Entitlement Calculation

1. The monthly salary for calculating allowances as stipulated in this Decree includes: basic salary; position leadership allowances, seniority allowances, seniority allowances exceeding the ceiling, and retention differential coefficients (if applicable).

2. The monthly salary for calculating allowances as stipulated in Clause 2 of Article 14 of this Decree is the average monthly salary of the last five years before retirement; the monthly salary for calculating allowances as stipulated in Point b Clause 1 of Article 17, Article 18, Clause 2 of Article 19, and Clause 2 of Article 20 of this Decree is the current monthly salary.

3. The time for calculating one-time allowance is the total time working in confidential organizations and time working in state budget-funded agencies or units with mandatory social insurance contributions prior to joining a confidential organization.

When calculating entitlements, if there is a fractional month, it shall be calculated as follows: less than three months shall not be counted; from three months to six months inclusive, it shall be counted as half (one-half) of the annual benefit amount; more than six months up to twelve months inclusive, it shall be counted as the full annual benefit amount.

Chapter V

SPECIAL ALLOWANCE FOR CONFIDENTIAL WORK AND OTHER REGULATIONS AND POLICIES

AND OTHER REGIME AND POLICY PROVISIONS

Article 22. Special Allowance for Confidential Work

1. Personnel engaged in confidential work shall be entitled to a special allowance for confidential work at rates of 10%, 15%, and 25% of the current salary plus position leadership allowance and seniority allowance exceeding the ceiling (if applicable), as specified in List No. 06 attached to this Decree.

2. Based on actual circumstances, the Minister of National Defense shall submit to the Prime Minister proposals to amend and supplement the regulations stipulated in Clause 1 of this Article.

Article 23. Other systems and policies

1. Personnel engaged in confidential work shall be guaranteed housing and registration of household registration according to regulations applicable to military personnel; in cases where they have not yet benefited from the State's policy on housing and land for residence, they shall be given priority in enjoying the system and policy on housing and land for residence as prescribed by laws on housing and land for residence.

2. Personnel recruited to engage in confidential work who have not accumulated compulsory social insurance contributions and hold a Master’s degree shall be initially assigned a salary grade 2 of the salary table for personnel engaged in confidential work; those holding a Doctorate degree, Associate Professor, or Professor title shall be initially assigned a salary grade 3 of the salary table for personnel engaged in confidential work.

In other cases, personnel recruited to engage in confidential work who have already accumulated compulsory social insurance contributions, have not received a one-time social insurance allowance, and are arranged to work in accordance with their trained profession or previous specialized field, the time they have contributed to compulsory social insurance shall be considered as a basis for assigning appropriate salaries corresponding to the recruited position, and interrupted periods of compulsory social insurance contributions shall be cumulatively counted.

3. Personnel engaged in confidential work shall enjoy annual rest and recuperation benefits as prescribed for military personnel by the Minister of National Defense.

Chapter VI

IMPLEMENTING PROVISIONS

Article 24. Funding Assurance

The funding for implementing the systems and policies stipulated in this Decree shall be guaranteed from the State budget in accordance with the provisions of the Law on State Budget.

Article 25. Effective Date

1. This Decree takes effect from June 1, 2013.

2. The Government Decrees No. 211/2004/NĐ-CP dated December 22, 2004 detailing and guiding implementation of certain articles of the Confidential Work Ordinance regarding uniform standards; rest and annual public service obligations for personnel currently engaged in confidential work; Government Decree No. 153/2006/NĐ-CP dated December 22, 2006 regarding medical examination, treatment, and material standards for health care for personnel currently engaged in confidential work; mandatory health insurance for relatives of personnel currently engaged in confidential work; Government Decree No. 01/2009/NĐ-CP dated January 2, 2009 regarding material standards for logistical support for personnel currently engaged in confidential work; and Government Decree No. 41/2011/NĐ-CP dated June 8, 2011 regarding systems and policies for personnel engaged in confidential work upon retirement, transfer to another sector, resignation, sacrifice, death, or transfer to other work within the confidential organization are hereby abolished.

Article 26. Implementation Guidance

1. The Minister of National Defense shall guide the implementation of Articles and Clauses assigned in this Decree.

2. The Minister of National Defense, the Minister of Finance, and the Minister of Health shall guide the implementation of Article 3, Article 4, Article 5, and Article 12 of this Decree.

3. The Minister of National Defense, the Minister of Public Security, the Minister of Labor, Invalids and Social Affairs, and the Minister of Finance shall guide the implementation of Chapter IV of this Decree.

4. The Minister of National Defense, the Minister of Public Security, and the Minister of Finance shall guide the implementation of Article 22 of this Decree.

Article 27. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.