Circular No. 33/2012/TT-BCA on the regulations for annual leave payment in the People's Public Security Force

CIRCULAR

Regulations on the payment regime for annual leave allowance

within the People's Public Security Force
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 Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003 detailing and guiding the implementation of the Law on State Budget;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Public Security;

Considering the proposal of the Director of the Finance Department;

The Minister of Public Security promulgates this Circular stipulating the payment regime for annual leave allowances within the People's Public Security Forces,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the principles, subjects, conditions, levels, procedures, and deadlines for the payment of annual leave allowances for officers, non-commissioned officers, soldiers, workers, civil servants, and contractual employees within the People's Public Security Forces (hereinafter referred to as cadres and soldiers); responsibilities of cadres and soldiers and heads of public security units at all levels.

Article 2. Applicability

This Circular applies to:

1. Cadres and soldiers of the People's Public Security Forces.

2. Public security units and localities.

Article 3. Types of money paid under the annual leave allowance regime

1. Travel expenses; travel allowances when taking annual leave.

2. Salary or compensation for the days of annual leave that have not been taken or have not been fully utilized.

Article 4. Principles for implementing the annual leave allowance payment regime

1. Adhering to the provisions of the Law on State Budget, this Circular, and other relevant laws.

2. Ensuring correct subjects, standards, and regimes.

3. Strictly prohibiting abuse and violations in the implementation of the annual leave allowance payment regime.

Article 5. Responsibilities of cadres and soldiers and heads of public security units at all levels

1. Cadres and soldiers are responsible for:

a) Taking leave according to the prescribed regime and standards;

b) Complying with the decisions of unit leaders regarding the use of leave time.

2. Heads of public security units at all levels are responsible for:

a) Arranging and scheduling work and leave time for cadres and soldiers in their units according to the prescribed regime. In cases where urgent work or combat requirements prevent the arrangement of leave or insufficient leave days, they must arrange additional leave after the work period;

b) Only deciding to requisition annual leave time of cadres and soldiers in cases of genuine necessity to serve work or combat requirements;

c) Closely monitoring the number of leave days for cadres and soldiers in their units;

d) Implementing the annual leave allowance payment regime in accordance with the actual situation of the unit and the annual budget allocation; specifying the annual leave allowance payment regime in the internal expenditure regulations of the unit.

Chapter II

SPECIFIC PROVISIONS

Article 6. Subjects eligible for the payment of travel expenses and travel allowances when taking annual leave

2. Cadres and soldiers working in other regions who meet the conditions for taking annual leave and are granted leave certificates by unit leaders to visit spouses, children, parents (from either spouse's side) who are ill or deceased.

3. Non-commissioned officers and soldiers serving on a fixed-term basis in the People's Public Security Forces who meet the conditions for taking annual leave as stipulated in Clause 6.2, Section 6 of Circular No. 21/2007/TT-BCA(X13) dated October 9, 2007 of the Ministry of Public Security guiding the implementation of certain provisions of Decree No. 12/2007/NĐ-CP dated January 17, 2007 on citizens serving on a fixed-term basis in the People's Public Security Forces (hereinafter referred to as Circular No. 21/2007/TT-BCA(X13)).

4. Cadres and soldiers as stipulated in Points c, d, and Point đ Clause 4 Part A Section I of Circular No. 07/2004/TT-BCA(X13) dated June 10, 2004 of the Ministry of Public Security guiding the implementation of the annual leave, personal leave, unpaid leave, annual leave, holiday leave, and anniversary leave of the People's Public Security Forces (hereinafter referred to as Circular No. 07/2004/TT-BCA(X13)).

Article 7. Payment for travel expenses and travel allowances when taking annual leave

1. Payment for travel expenses

a) Content of payment: Payment for travel expenses from home to the port or bus station and vice versa; from the port or bus station to the unit and vice versa; payment for transportation tickets by road, rail, or waterway to the place of annual leave and vice versa.

b) Amount of payment

Payment shall be made according to the price stated on the ticket or invoice for purchasing the ticket; the ticket price does not include other service costs (tourism services, special services upon request). In cases where officers and soldiers use air transport for annual leave, they shall be reimbursed up to the fare for public passenger transport by road, rail, or waterway corresponding to the route of the annual leave.

For sections of the route where there is no transport means operated by organizations or individuals under the provisions of the law and the person on annual leave must hire another transport means, the head of the police units or localities shall consider and decide to reimburse the cost of hiring that transport means based on the lease contract or receipt of payment with the owner of the transport means according to the actual kilometers traveled and the quota rate stipulated in the internal expenditure regulations of the police units or localities.

In cases where officers and soldiers take annual leave using their own personal transport means, they shall be reimbursed for self-reimbursement transport fees according to the actual kilometers traveled, corresponding to the common transport rates of public transport in the locality but not exceeding the self-reimbursement transport fee when on official business and must be stipulated in the internal expenditure regulations of the police units or localities.

In cases where officers and soldiers combine official duties with annual leave to visit family members, they shall not be reimbursed for travel expenses for annual leave as such expenses have already been reimbursed in the official travel allowance.

2. Payment for travel allowances

a) Content of payment: Payment for travel allowances for days traveling from home to the place of annual leave and vice versa;

b) Amount of payment: Equivalent to the current travel allowance for accommodation expenses.

3. Procedures for payment include:

a) Annual leave certificate issued by the unit head;

b) Relevant documents as prescribed in Point b Clause 1 of this Article;

c) In cases where payment for travel expenses and travel allowances is made according to Clause 2 of Article 6 of this Circular, there must be a request form and confirmation from the local authority where the family member resides or the healthcare facility that there is a family member who is ill and receiving treatment at the healthcare facility, long-term treatment at home, or has passed away.

Article 8. Subjects entitled to receive salary or subsistence allowance payments

a) Officers and soldiers retiring, disabled veterans, discharged to the locality, or deceased;

b) Persons whose labor contracts have expired; unilaterally terminated labor contracts; unemployed due to changes in technological structure; dismissed.

2. Subjects entitled to subsistence allowance payments

Officers and soldiers entitled to annual leave standards as stipulated in Circular No. 07/2004/TT-BCA(X13) but due to work requirements, the unit cannot arrange time for those officers and soldiers to take leave or cannot provide the full number of leave days.

Article 9. Conditions for payment of compensation

1. The ratio of officers and soldiers entitled to compensation for annual leave days that have not been taken or have not been fully utilized shall not exceed 30% of the total number of personnel eligible for annual leave in the unit.

2. The head of the unit may requisition annual leave time; such requisition must be decided in writing.

3. If officers and soldiers have been arranged by the unit to take annual leave but do not have the need to take leave or voluntarily choose not to take leave, they shall not be paid compensation for the unused annual leave days.

Article 10. Rate of payment for salary and compensation for non-utilized annual leave days

1. The rate of payment for salary for non-utilized annual leave days shall be implemented according to the following provisions:

a) The head of the units and local police forces decides on the payment of salary for non-utilized annual leave days at the rank-level wage, grade-level wage, and various allowances for position, seniority, seniority beyond the framework, regional allowance, and hazardous work allowance (if applicable) currently enjoyed by each individual, calculated as follows:

b) For non-commissioned officers and soldiers who complete their service term in the People's Police and are discharged from military service in the year without being arranged for annual leave, they will be compensated according to the provisions set out in Point b, Clause 6.2, Section 6, Circular No. 21/2007/TT-BCA(X13).

2. The rate of payment for compensation for non-utilized annual leave days shall be implemented according to the following provisions:

a) Annually, based on the financial capacity and the total number of non-utilized annual leave days of officers and soldiers, the head of the units and local police forces decides to provide compensation for officers and soldiers who have not taken leave or have not taken the full annual leave days;

b) The level of support is stipulated in the internal expenditure regulations of the units and local police forces but shall not exceed the salary payment rate for non-utilized annual leave days (as calculated under Clause 1 of this Article);

c) Non-commissioned officers and soldiers serving with a fixed term in the People's Police will receive support for compensation at the current food allowance rate for non-utilized annual leave days as prescribed.

Article 11. Procedures for payment of salary and compensation for non-utilized annual leave days

e) Recruitment decision;

f) Labor contract;

g) Confirmation from the agency or unit regarding the termination of employment, loss of job, or other reasons."

4. Amend Clause 3 of Article 12 as follows:

d) Employment contract;

e) Confirmation from the agency or unit regarding unilateral termination of the employment contract, loss of employment, or dismissal.

2. The procedures for payment of compensation for non-utilized annual leave days include:

a) A leave application form confirmed by the direct supervisor of the unit due to work or combat requirements preventing the allocation of leave time for officers and soldiers or insufficient allocation of annual leave days;

b) A written decision by the head of the unit regarding the requisition of officers and soldiers during their leave period.

Article 12. Payment Period for Annual Leave Allowance

1. The annual leave allowance shall be paid once a year and settled within the annual budget period in accordance with the State Budget Law.

2. Officers and soldiers who take annual leave in a given year shall only be paid for that year. In cases where officers and soldiers are allowed by their superiors to postpone their leave until the following year due to work reasons, they shall still be entitled to the annual leave allowance, but payment shall be made no later than the end of the first quarter of the following year.

4. In cases of salary payment, the payment shall be made no later than one month from the date the officer or soldier ceases work.

Article 13. Sources of Funds for Annual Leave Allowance Payment

1. The funds for paying the annual leave allowance shall be allocated within the scope of the annual budget expenditure plan assigned by the competent authority and other legitimate sources of income of local police units (if applicable).

2. For public service units with revenue-generating activities as prescribed in Decree No. 43/2006/NĐ-CP dated April 25, 2006 on the rights of self-management and responsibility for implementing tasks, organizational structure, staffing, and finance of public service units, the funds for annual leave allowance payment shall be included in the operational costs and reasonable expenses to determine the revenue-expenditure difference of the unit.

3. Units not using state budget funds shall apply the provisions of this Circular and must be recorded in the labor contracts or collective labor agreements. The annual leave allowance payment shall be accounted for as production and business expenses of the unit.

Article 14. Inspection and Handling of Violations

1. Annually, local police units shall organize inspections of the implementation of the annual leave system for officers and soldiers under their management, proactively identify and handle violations according to the law.

2. Superiors of local police units and officers and soldiers violating the regulations on annual leave allowance payment shall be subject to legal sanctions depending on the nature and severity of the violation and must refund the amount already paid.

Chapter III

IMPLEMENTING PROVISIONS

Article 15. Effective Date

1. This Circular takes effect from July 27, 2012; the regulations on travel allowance payment stipulated in Clause 4 Part A and Clause 1 Part C Section I of Circular No. 07/2004/TT-BCA(X13) shall be implemented according to this Circular. Previous regulations on annual leave allowance payment in the People's Public Security contrary to this Circular are abolished.

Article 16. Responsibility for Implementation

1. The Finance Department shall be responsible for guiding, inspecting, and urging the implementation of this Circular.

2. Comrades General Directors, heads of units under the Ministry of Public Security; Directors of Academies, Principals of Public Security Schools; Provincial Police Chiefs, Chief of the Fire Prevention and Fighting Service Departments shall be responsible for implementing this Circular. During the implementation process, if there are difficulties or obstacles arising, local police units shall report to the Ministry of Public Security (through the Finance Department) for timely guidance.

During the implementation process, if there are difficulties or obstacles arising, local police units shall report to the Ministry of Public Security (through the Finance Department) for timely guidance.