Circular No. 33/2020/TT-BCA on the procedures for implementation when People's Police officers retire

CIRCULAR

Regulations on the procedure for implementation when People's Police officers retire

Based on Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Cadre and Civil Servant Management Department;

The Minister of Public Security issues this Circular to regulate the procedures for implementation when People's Police officers retire.

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the procedures for implementation when People's Police officers retire, including: Notification of retirement waiting period, announcement of the decision to retire from work awaiting pension benefits (hereinafter referred to as the retirement waiting decision), transfer of retirement files and gifts for police officers, non-commissioned officers, public servants, and workers in the People's Police who are employed under contracts and receive salaries from the state budget and are classified according to wage scales and tables for public servants and employees issued by the Government (hereinafter collectively referred to as officers).

2. This Circular does not apply to:

a) The subjects specified in Clause 1 of this Article who have been disciplined with the penalty of revocation of the title of People's Police Officer or forced to leave their positions, and subsequently resolved to receive monthly pension benefits in accordance with the laws on social insurance;

b) Workers employed under labor contracts without receiving salaries from the state budget, or those receiving salaries from the state budget but not classified according to wage scales and tables for public servants and employees prescribed by the Government;

c) Police officers, non-commissioned officers, and soldiers of the People's Police who have been discharged or left their positions and are entitled to receive monthly pension benefits in accordance with Circular Joint No. 04/2011/TTLT-BCA-BLDTBXH-BTC dated July 18, 2011 of the Ministry of Public Security, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance guiding the implementation of pension benefits for officers and soldiers of the People's Police directly participating in the resistance war against America to save the country from April 30, 1975 onwards, having served at least 20 years in the People's Police and discharged or left their positions to return to their home provinces, and Circular Joint No. 14/2012/TTLT-BCA-BLDTBXH-BTC dated October 12, 2012 of the Ministry of Public Security, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance guiding the implementation of certain benefits for officers and soldiers of the People's Police pursuant to Decree No. 23/2012/NĐ-CP dated April 3, 2012 of the Government stipulating certain benefits for individuals participating in wars to protect the country and international missions in Cambodia and assisting Laos after April 30, 1975, having served at least 20 years in the military or police and discharged or left their positions.

Article 2. Notification of Retirement Waiting Period

1. For Deputy Ministers of the Ministry of Public Security:

a) The Cadre Organization Department reports to the Central Party Committee of the Public Security and the Minister of Public Security to sign the notification of retirement waiting period.

b) The Cadre Organization Department sends one copy of the notification of retirement waiting period to the leader being notified and one copy to the Office of the Ministry of Public Security for information and implementation.

2. For leaders at the bureau level and equivalent, and leaders of provincial-level public security agencies (hereinafter referred to as provincial-level public security agencies):

a) The Cadre Organization Department collaborates with the unit or local public security agency to review and report to the Minister of Public Security to sign the notification of retirement waiting period.

b) The Cadre Organization Department sends one copy of the notification of retirement waiting period to the officer being notified and one copy to the head of the bureau-level unit or equivalent or the Director of the provincial-level public security agency for information and implementation.

3. For leaders from the position of Head of Department and equivalent downwards; officers not holding leadership positions:

a) The organization and cadre management department within subordinate units of the Ministry of Public Security, or the Personnel Department within provincial-level public security agencies (hereinafter referred to as the organization and cadre management department within the public security unit or locality) collaborate with the direct management unit to review and report to the competent authority according to the cadre management hierarchy to sign the notification of retirement waiting period for the officer in accordance with regulations.

b) After the competent authority signs the notification of retirement waiting period, the organization and cadre management department sends one copy of the notification of retirement waiting period to the officer being notified and one copy to the direct unit leader managing the officer for information and implementation.

Article 3. Announcing the decision to take retirement leave

1. Time for announcing the decision to take retirement leave

a) The personnel organization agency assigned the task of serving the announcement of the decision to take retirement leave according to Clause 4 of this Article shall be responsible for building a plan to organize the announcement of the decision to take retirement leave at the time when the cadre begins to take retirement leave as recorded in the decision on taking retirement leave issued by the competent authority.

b) In cases where cadres under Point b, Clause 3, Article 9 of Circular No. 47/2019/TT-BCA dated October 10, 2019 of the Minister of Public Security stipulating the age limit for service for public security officers or at the time of taking retirement leave, the cadre is undergoing inpatient treatment for injury or illness at medical facilities; the personnel organization agency shall exchange and agree with the cadre on the time to organize the announcement of the decision to take retirement leave.

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

a) Comrade Minister of Public Security chairs the announcement of the Prime Minister's Decision on retirement and announces the time for taking retirement leave according to the regulations of the Ministry of Public Security for Comrades Deputy Ministers;

b) Leaders of the Ministry of Public Security assigned to head units (or delegated by Comrade Minister) chair the announcement of the decision to take retirement leave for heads of subordinate units of the Ministry of Public Security, Provincial Police Directors. In case leaders of the Ministry of Public Security are busy, they may delegate the Cục trưởng of the Personnel Organization Department to carry out the task;

c) Heads of subordinate units of the Ministry of Public Security chair the announcement of the decision to take retirement leave for Deputy Cục trưởngs and equivalent positions; leaders of departments and equivalent positions and below; cadres of the unit (including those who are professors, associate professors, doctors, senior experts extended in service to teach and conduct scientific research) or delegate the heads of departments and equivalent positions to chair the announcement of the decision to take retirement leave for leaders of teams and equivalent positions, cadres of the unit;

d) Provincial Police Directors chair the announcement of the decision to take retirement leave for Deputy Provincial Police Directors, leaders of departments and equivalent positions, leaders of county police;

đ) Heads of department-level and equivalent units under provincial police, County Police Chiefs chair the announcement of the decision to take retirement leave for leaders of teams and equivalent positions, cadres of the unit.

3. Participants in the announcement of the decision to take retirement leave

a) Participants in the announcement of the decision to take retirement leave for leaders of the Ministry of Public Security:

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

- Representatives of leaders of subordinate units of the Ministry of Public Security;

- Representatives of relevant departments and agencies (if any) decided by the Minister of Public Security to attend.

b) Participants in the announcement of the decision to take retirement leave for leaders of subordinate units of the Ministry of Public Security:

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

- Representatives of leaders of the Personnel Organization Department (for Cục trưởngs and equivalent positions taking retirement leave);

- Representatives of leaders of subordinate units (for units with multiple subordinate units, representatives of leaders of some units can be selected to attend).

c) Participants in the announcement of the decision to take retirement leave for leaders of provincial police:

- Party Committee and leaders of provincial police;

- Representatives of leaders of the Personnel Organization Department (for Provincial Police Directors);

- Representatives of leaders of units under provincial police.

- Invite representatives of leaders of Provincial Party Committees, City Party Committees; Provincial People's Councils (for Provincial Police Directors), Provincial People's Committees and representatives of some local departments and agencies related to attend.

d) Participants in the announcement of the decision to take retirement leave for leaders of department-level and equivalent positions, leaders of county police, leaders of team-level and equivalent positions, cadres of the unit are decided by the head of the unit chairing the announcement of the decision to take retirement leave as stipulated in Clause 2 of this Article.

4. Serving the announcement of the decision to take retirement leave

a) The Personnel Organization Department takes the lead, coordinating with the Office of the Ministry of Public Security to prepare plans to organize the announcement of the Prime Minister's Decision on retirement and announce the time for taking retirement leave according to the regulations of the Ministry of Public Security for comrades leading the Ministry of Public Security;

b) Personnel organization agencies of subordinate units of the Ministry of Public Security take the lead, coordinating with functional departments under the Personnel Organization Department to prepare plans to organize the announcement of the decision to take retirement leave for heads of subordinate units of the Ministry of Public Security and build plans to organize the announcement of the decision to take retirement leave for Deputy Cục trưởngs and equivalent positions, leaders of departments and equivalent positions;

c) The Personnel Department of provincial police takes the lead, coordinating with functional departments under the Personnel Organization Department to build plans to organize the announcement of the decision to take retirement leave for Provincial Police Directors and build plans to organize the announcement of the decision to take retirement leave for Deputy Provincial Police Directors, leaders of departments and equivalent positions, leaders of county police;

d) For other cases, the assignment of units to serve the announcement of the decision to take retirement leave is decided by the head of the unit chairing the announcement of the decision to take retirement leave as stipulated in Clause 2 of this Article.

5. In cases where cadres retire and enjoy pension benefits without taking retirement leave, the announcement of the decision to retire for cadres shall be carried out according to the provisions of Clauses 1, 2, 3, and 4 of this Article.

6. In cases where officers are authorized by the competent authority to take leave of absence until reaching the age limit for service, then take retirement leave according to the regulations, the announcement of the decision to take leave of absence until reaching the age limit for service shall be carried out like the announcement of the decision to take retirement leave as stipulated in Clauses 1, 2, 3, and 4 of this Article (no announcement of retirement leave will be organized at the time of reaching the age limit for service).

Article 4. Transfer of retirement files for officials

1. After the retirement files of the leaders of the Ministry of Public Security have been processed by the Social Insurance for Police Officers, the Ministry of Public Security's Office shall report to the Minister to transfer the retirement files for the leaders of the Ministry and contact the local social insurance agency where they reside to complete the procedures for the leaders of the Ministry to receive their pension and health insurance card as prescribed.

2. For other cases, after receiving the processed retirement files from the Social Insurance for Police Officers, the organizational units under the Public Security agencies at the unit or locality level shall directly or authorize the directly managing unit to transfer the retirement files to the officials to carry out the procedures to receive their pension and health insurance card at the local social insurance agency where they reside as prescribed.

Article 5. Gifts for officials upon retirement

To recognize the contributions of officials in the cause of national security, the Ministry of Public Security presents gifts to officials upon retirement as follows:

1. A commemorative gift.

2. Monetary gifts:

a) Leaders of the Ministry of Public Security who retire will be presented with six times the base salary.

b) Leaders of provincial-level public security agencies and equivalent positions who retire will be presented with four times the base salary.

c) Officials who retire but do not fall under points a and b of this clause will be presented with three times the base salary.

d) In cases where leaders cease holding leadership positions due to extended service age limits or continue to hold their previous positions until retirement, the monetary gift amount will be based on the leadership position held before ceasing the leadership role or the position that continues the previous policy.

e) For police officers who cease temporary assignment to retire, the monetary gift amount will be based on the leadership position appointed by the competent authority before being assigned for temporary duty, in accordance with the provisions of points a, b, and c of this clause. If a police officer on temporary assignment is appointed to a higher leadership position by the receiving agency than the position within the People's Public Security Force, the gift amount will be based on the leadership position at the receiving agency, in accordance with the provisions of points a, b, and c of this clause.

f) The base salary mentioned in points a, b, and c of this clause refers to the base salary applied by the Government for civil servants, public officials, and armed forces personnel at the time the official begins to wait for retirement. In cases where officials retire and receive pension benefits without waiting for retirement, it refers to the base salary at the time they begin to receive monthly pension.

3. Commemorative gifts and monetary gifts will be presented to officials at the announcement of the decision to wait for retirement. In cases where officials retire and receive pension benefits without waiting for retirement, the gifts will be presented at the announcement of the retirement decision.

4. The production costs of commemorative gifts and monetary gifts for officials upon retirement will be allocated from the regular budget of the Ministry of Public Security.

Article 6. Effectiveness and Transitional Provisions

1. This Circular takes effect from May 23, 2020, and replaces Circular No. 16/2013/TT-BCA dated March 15, 2013, issued by the Minister of Public Security regarding the procedures for implementation when Public Security officials retire and receive pension benefits.

2. For officials who have been authorized to issue decisions to wait for retirement or whose retirement benefits have been processed by the Social Insurance for Police Officers before this Circular takes effect but have not yet organized the announcement of the decision to wait for retirement or the transfer of retirement files, the announcement of the decision to wait for retirement, the transfer of retirement files, and the presentation of gifts to retiring officials shall be carried out according to the provisions of Articles 3, 4, and 5 of this Circular.

3. When the referenced documents in this Circular are amended, supplemented, or replaced by other documents, the referenced content shall be adjusted and implemented according to the new document.

Article 7. Implementation Organization

1. Public Security units and localities are responsible for:

a) Promulgating, implementing, and strictly enforcing the provisions of this Circular;

b) Before September 1st each year, compiling a list of officials eligible for retirement in the following year (Model No. 01) and sending it to the Personnel Organization Bureau to prepare plans for producing commemorative gifts for retiring officials;

c) Directing functional units to contact the provincial social insurance agency or guiding retiring officials to directly contact the provincial social insurance agency where they are registered to complete the procedures for registering to receive their pension as prescribed;

d) Units subordinate to the Ministry of Public Security and provincial-level public security agencies with retiring officials who receive their pension in another province are responsible for notifying (or authorizing the personnel organization unit to notify) in writing (Model No. 02) so that the provincial-level public security agency where the official receives their pension is aware, manages, and implements policies for retired public security officials.

2. The Planning and Finance Department is responsible for ensuring the budget for gifts for officials upon retirement as prescribed in this Circular within the regular budget of the Ministry of Public Security.

3. The Personnel Organization Department is responsible for guiding and inspecting the implementation of this Circular; taking the lead and coordinating with the Planning and Finance Department and the Joint Stock Company 19-5, Ministry of Public Security to organize the production and distribution of commemorative gifts for retiring officials (approved by the Ministry) to ensure quality and sufficient quantity to the public security units and localities.

During the implementation process, if there are any difficulties, public security units and localities shall report to the Ministry (through the Personnel Organization Department) for guidance and resolution./.