Decree No. 41/2011/NĐ-CP on the treatment and policies for personnel engaged in confidential work upon retirement, transfer to another field, termination of employment, sacrifice, death, or transfer to other work within confidential organizations

DECREE

Regulations on benefits and policies for personnel engaged in confidential work who retire, transfer to another field, resign, sacrifice, die, or transfer to other work within confidential organizations.

||| These regulations apply to personnel engaged in confidential work who retire, transfer to another field, resign, sacrifice, die, or transfer to other work within confidential organizations; transfer to work at enterprises, organizations, units outside the state; and convert time periods to qualify for one-time allowance.

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THE GOVERNMENT

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

||| Based on the Confidential Work Ordinance dated April 4, 2001;

Considering the proposal of the Minister of Home Affairs,

DECREE

Article 1. Scope of Regulation

The Decree stipulates the benefits and policies for personnel engaged in confidential work who retire, transfer to another field, resign, sacrifice, die, or transfer to other work within confidential organizations; transfer to work at enterprises, organizations, units outside the state; and convert time periods to qualify for one-time allowance.

Article 2. Applicability

Personnel engaged in confidential work within confidential organizations receive salaries according to the pay scale for military ranks of People's Army officers and the pay scale for non-commissioned military personnel of the People's Army but not being members of the People's Police.

Article 3. Benefits and policies for personnel engaged in confidential work who retire

1. Personnel engaged in confidential work who retire shall enjoy social insurance benefits according to current laws on social insurance.

2. One-time allowance for personnel engaged in confidential work who retire before the maximum age specified in Clause 2, Article 13 of Government Decree No. 167/2004/NĐ-CP dated September 20, 2004 detailing implementation of certain provisions of the Confidential Work Ordinance regarding the organization of confidential work in Vietnam and management of personnel engaged in confidential work as follows:

a) The recipient of the one-time allowance is personnel engaged in confidential work who are surplus due to changes in organizational structure and staffing as decided by the competent authority;

b) The one-time allowance includes:

- Three months' salary for each year retired before the retirement age;

- Five months' salary for the first twenty years of service. For each additional year beyond twenty years, the allowance is half (one-half) a month's salary.

Article 4. Benefits and policies for personnel engaged in confidential work who transfer to another field

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

a) Priority in job placement suitable to their specialized profession, technical skills, and business expertise; notification and training on necessary specialized knowledge and business expertise appropriate to the 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 recruitment examination results when taking civil servant or public official recruitment examinations according to current laws on recruitment, utilization, and management of civil servants and public officials in State agencies;

d) Placement at a salary level commensurate with the new job. In cases where the new salary coefficient is lower than the salary coefficient enjoyed by personnel engaged in confidential work at the time of transferring to another field, the difference between the salary coefficient at the time of transferring to another field and the new salary coefficient shall be retained for a minimum period of eighteen months by the head of the agency managing cadres, civil servants, and public officials upon consideration and decision to align with internal salary relationships. During the retention period, if the new salary coefficient is equal to or higher than the salary coefficient enjoyed prior to transferring to another field, the new salary coefficient shall be applied;

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

2. Personnel engaged in confidential work who transfer to State agencies receiving salaries from the State budget and then transfer to agencies or units receiving salaries under the wage system determined by the employer, upon retirement, the pension calculation shall include an additional seniority allowance based on the time worked in confidential organizations at the salary level of personnel engaged in confidential work at the time of transferring to another field and converted according to the wage system in effect at the time of retirement.

3. Personnel engaged in confidential work who have transferred to another field due to the needs of the confidential sector and are redeployed back to work in confidential organizations by the competent authority shall have the time spent working in another field counted towards continuous service time for salary increments and seniority according to current laws.

Article 5. Treatment and policies for personnel engaged in confidential work who transfer to work at enterprises, organizations, or units outside the state

Personnel engaged in confidential work who transfer to work at enterprises, organizations, or units outside the state shall be entitled to a one-time severance allowance as stipulated in point b, Clause 1, Article 6 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 6. Treatment and policies for personnel engaged in confidential work who resign

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) They shall be entitled to job creation allowance equal to six months of the general minimum wage as prescribed by the Government; they shall be given priority for vocational training or job placement;

b) They shall be entitled to a one-time severance allowance, with each year of service entitling them to one month's salary;

c) Social insurance benefits and other benefits as prescribed by current laws.

2. Personnel engaged in confidential work who have resigned within a period not exceeding one year from the date the resignation decision takes effect, if recruited into agencies or units of the state as specified in Clause 1, Article 4 of this Decree, shall implement the cross-sectoral transfer system. When implementing the cross-sectoral transfer system, 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 social insurance benefit one-time allowance already received. The agency or unit of the state issuing the cross-sectoral transfer decision shall be responsible for recovering the one-time severance allowance.

3. Personnel engaged in confidential work who have resigned within a period not exceeding one year from the date the resignation decision takes effect, if recruited to work at enterprises, organizations, or units outside the state, and wish to continue their social insurance contribution period, must repay the social insurance fund the social insurance benefit already received.

Article 7. 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 those meritorious to the revolution, laws on social insurance, and a one-time allowance, with each year of service entitling them to one month's salary of the personnel engaged in confidential work prior to sacrificing.

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

Article 8. 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 as prescribed shall be assigned a salary according to the new arrangement suitable to the group, industry, educational qualifications, and time of salary coefficient of the personnel engaged in confidential work. In cases where the new salary coefficient is lower than the salary coefficient of the personnel engaged in confidential work at the time of transferring to the new arrangement, the difference between the salary coefficient of the personnel engaged in confidential work and the new salary coefficient shall be retained until the salary is increased to or above the retained level.

2. Personnel engaged in confidential work who transfer to other work within a confidential organization shall have their service time converted to calculate the one-time allowance as stipulated in Article 9 of this Decree; upon retirement, they shall be entitled to pension calculation as stipulated in Clause 7, Article 34 of Decree No. 68/2007/NĐ-CP.

Article 9. Conversion of time for calculating one-time allowance for personnel engaged in confidential work with direct combat experience, combat support, or work in difficult areas or special industries when ceasing employment in confidential organizations

1. Personnel engaged in confidential work with direct combat experience, direct combat support, or work in difficult areas or special industries 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 direct combat experience or direct combat support shall have one year of service converted to one year and six months;

b) Personnel engaged in confidential work with service in areas receiving a special area allowance of 100% or in special industries classified as particularly arduous, hazardous, or dangerous work shall have one year of service converted to one year and four months;

c) Personnel engaged in confidential work with service in areas receiving a regional allowance of 0.7 or higher or in special industries classified as arduous, hazardous, or dangerous work shall have one year of service converted to one year and two months.

In cases where personnel meet two or three of the above conditions during the same period of service, they shall be entitled to the highest conversion rate.

In cases where there are intermittent periods of service, these periods shall be accumulated to determine the total time eligible for one-time allowance.

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

Article 10. Salary and working time for calculating allowances

1. The monthly salary for calculating allowances as stipulated in this Decree includes: the salary of personnel engaged in confidential work; leadership position allowances, seniority allowances, allowances for exceeding the quota, and retention coefficient, if applicable.

2. The monthly salary for calculating allowances as stipulated in Point b, Clause 2, Article 3 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, Article 6, Article 7, and Clause 2, Article 9 of this Decree is the current monthly salary being received.

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

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

Article 11. Funding Assurance

The state budget shall ensure funding for implementing the allowances prescribed in this Decree for personnel engaged in confidential work in accordance with the State Budget Law and guiding documents.

Article 12. Handling Violations

1. The rights of personnel engaged in confidential work stipulated in this Decree shall be reduced or canceled if the application materials are falsified or misrepresented to claim benefits; improperly obtained benefits must be repaid.

If personnel engaged in confidential work fail to receive benefits or receive incomplete benefits due to errors in the application materials, their rights shall be restored according to the provisions of this Decree.

2. In addition to the measures provided for in Clause 1 of this Article, individuals or organizations that falsify or misrepresent application materials may also face disciplinary, administrative penalties, or criminal liability, and must compensate for any losses incurred, in accordance with the law.

Article 13. Implementation Provisions

This Decree takes effect from August 1, 2011, and replaces Government Decree No. 102/2004/NĐ-CP dated February 27, 2004, detailing certain provisions of the Confidential Work Ordinance regarding benefits and policies for personnel engaged in confidential work who retire, change careers, cease employment, or transfer to other work within confidential organizations.

Article 14. Responsibilities for Guidance and Enforcement

1. The Ministry of Home Affairs, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance are responsible for guiding the implementation of this Decree.

2. Ministers, heads of agencies at the ministerial level, heads of government agencies, Chairmen of provincial People's Committees, and Chairmen of municipal People's Committees directly under the Central Government are responsible for enforcing this Decree.