Circular No. 41/2023/TT-BCA on the implementation of the allowance regime for police officers and soldiers of the People's Public Security who participated in the anti-American resistance war with less than 20 years of service in the Public Security force and have retired or been discharged back to their hometowns.

CIRCULAR

Regulations on the implementation of allowance regimes for officers and soldiers participating in the anti-US resistance war with less than 20 years of service in the People's Public Security who have retired or been discharged back to their home provinces

Officers and soldiers of the People's Public Security who participated in the anti-US resistance war with less than 20 years of service in the People's Public Security who have retired or been discharged back to their home provinces

among the people's police who have ceased employment or been discharged back to their home regions

Pursuant to 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;

Pursuant to Decision No. 53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister stipulating the regime for officers and soldiers of the People's Public Security who participated in the anti-US resistance war with less than 20 years of service in the People's Public Security who have retired or been discharged back to their home provinces;

Pursuant to Clause 2, Article 10 of Decision No. 62/2011/QĐ-TTg dated November 9, 2011 of the Prime Minister stipulating the regime and policies for individuals participating in wars to protect the country and international missions in Cambodia and assistance to Laos after April 30, 1975 who have been demobilized, discharged, or retired;

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

The Minister of Public Security issues this Circular stipulating the implementation of allowance regimes for officers and soldiers of the People's Public Security who participated in the anti-US resistance war with less than 20 years of service in the People's Public Security who have retired or been discharged back to their home provinces.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the subjects, time of service eligible for benefits; monthly allowance regime, one-time allowance regime; files, procedures for implementing the allowance regime for officers and soldiers of the People's Public Security who participated in the anti-US resistance war from April 30, 1975 or earlier with less than 20 years of service in the People's Public Security who have retired or been discharged back to their home provinces (hereinafter referred to as officers and soldiers).

Article 2. Applicability

1. This Circular applies to:

a) Officers and soldiers falling under the provisions of Article 2 and Clause 1, Article 8 of Decision No. 53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister stipulating the regime for officers and soldiers who participated in the anti-US resistance war with less than 20 years of service in the People's Public Security who have retired or been discharged back to their home provinces (hereinafter referred to as Decision No. 53/2010/QĐ-TTg).

b) Units directly under the Ministry of Public Security, provincial and municipal public security forces (hereinafter referred to as public security units and localities).

c) Agencies, organizations, and individuals related to the implementation of the regime for officers and soldiers as stipulated in this Circular.

2. This Circular does not apply to:

a) Cases stipulated in Article 3 of Decision No. 53/2010/QĐ-TTg.

b) Officers and soldiers who violated discipline and were dismissed, fired, expelled, discharged, relieved of duty, deserted, stripped of titles, or ranks.

c) Public security workers (public security employees).

Article 3. Time of Service Eligible for Benefits

1. The time of service eligible for benefits includes: the actual time officers and soldiers served in the People's Public Security, counted from when they joined the People's Public Security until retirement or discharge back to their home provinces; the time of service in the People's Army counted according to the provisions of Clause 2 of this Article. In cases where there is interrupted service time, it will be accumulated.

2. The time officers and soldiers served in the People's Army shall be added to the time of service in the People's Public Security to calculate the benefits as stipulated in Clause 1 and Clause 2 of Article 8 of Decision No. 53/2010/QĐ-TTg, specifically:

a) If officers and soldiers have not yet implemented the regime stipulated in Decision No. 142/2008/QĐ-TTg dated October 27, 2008 of the Prime Minister regarding the implementation of the regime for military personnel who participated in the anti-US resistance war with less than 20 years of service in the army who have been demobilized or discharged back to their home provinces (hereinafter referred to as Decision No. 142/2008/QĐ-TTg), then the time of service in the People's Army shall be added to the time of service in the People's Public Security to implement the allowances stipulated in this Circular;

b) If the time of service in the People's Army has already been implemented according to the regime stipulated in Decision No. 142/2008/QĐ-TTg, then the time of service in the People's Army shall not be added to the time of service in the People's Public Security to calculate the benefits as stipulated in this Circular. In cases where officers and soldiers wish to add the time of service in the People's Army to the time of service in the People's Public Security to meet the conditions for receiving monthly allowances as stipulated in Article 4 of this Circular, they must return the one-time allowance received according to Decision No. 142/2008/QĐ-TTg to the provincial public security force (hereinafter referred to as provincial public security) where the officers and soldiers reside. In cases where officers and soldiers are currently receiving monthly allowances according to Clause 1, Article 2 of Decision No. 142/2008/QĐ-TTg, the time of service in the People's Public Security and the time of service in the People's Army will be added to the time of service eligible for benefits to adjust the current allowance level.

3. Officers and soldiers who have retired or been discharged back to their home provinces and then worked at communes, wards, towns earning salaries from the state budget and participating in mandatory social insurance, if the time of service in the People's Public Security has already been counted as the time of social insurance contribution to calculate social insurance benefits, then they will not be eligible for benefits as stipulated in this Circular.

4. The time of service eligible for one-time allowance if there is a fractional month under six months will be calculated as half a year, and from six months up to but not including twelve months will be calculated as one year.

Chapter II
ALLOWANCE REGIME AND FILES, PROCEDURES FOR IMPLEMENTATION

Article 4. Monthly Allowance System

1. Officials and soldiers specified in Point a Clause 1 Article 2 of this Circular who fall into one of the following cases shall be entitled to the monthly allowance system:

a) Having a working period eligible for the benefit from at least 15 years up to less than 20 years;

b) Having a working period eligible for the benefit from at least 15 years up to less than 20 years, then retiring or being discharged back to their home province and subsequently working in communes, wards, towns receiving state budget salaries and participating in mandatory social insurance but not meeting the conditions or not continuing voluntary social insurance contributions to meet the conditions for monthly pension benefits as stipulated by laws on social insurance.

2. Calculation Method

a) The monthly allowance is calculated based on the actual working period eligible for the benefit; starting from 15 years, the monthly allowance is 813,614 VND/person/month, with an additional 5% for each additional year (full 12 months), specifically:

From 15 years to under 16 years, the allowance amount is 813,614 VND/person/month;

From 16 years to under 17 years, the allowance amount is 854,295 VND/person/month;

From 17 years to under 18 years, the allowance amount is 894,975 VND/person/month;

From 18 years to under 19 years, the allowance amount is 935,656 VND/person/month;

From 19 years to under 20 years, the allowance amount is 976,337 VND/person/month.

Example 1: Mr. Tran Van A joined the People's Public Security in January 1962 and retired back to his home province in July 1981. Mr. Tran Van A's working period eligible for the benefit is from January 1962 to July 1981, totaling 19 years and 7 months. Mr. Tran Van A's monthly allowance amount is 976,337 VND/month.

Example 2: Mr. Le Van B joined the People's Public Security in June 1971 and transferred to work at the People's Committee of County T in November 1987, then retired according to the retirement policy in 1990. The calculation method for Mr. Le Van B's benefit is as follows:

Mr. Le Van B's working period eligible for the benefit is the time he worked in the People's Public Security from June 1971 to October 1987, totaling 16 years and 5 months (the time Mr. Le Van B transferred to work at the People's Committee of County T is not counted towards the working period eligible for the benefit). Mr. Le Van B's monthly allowance amount is 854,295 VND/month.

Example 3: Mr. Nguyen Van C joined the People's Army in October 1970, transferred to the People's Public Security in October 1975, and retired back to his home province in October 1989. The calculation method for Mr. Nguyen Van C's benefit is as follows: Mr. Nguyen Van C's working period eligible for the benefit includes:

Time served in the People's Army from October 1970 to September 1975, totaling 5 years, plus time served in the People's Public Security from October 1975 to October 1989, totaling 14 years and 1 month; the total working period eligible for the benefit is 19 years and 1 month. Mr. Nguyen Van C's monthly allowance amount is 976,337 VND/month.

Example 4: Mr. Hoang Van D joined the People's Army in March 1971, was discharged back to his home province in September 1975, joined the People's Public Security in December 1977, and retired back to his home province in December 1992. The calculation method for Mr. Hoang Van D's benefit is as follows:

Mr. Hoang Van D's working period eligible for the benefit includes: Time served in the People's Army from March 1971 to September 1975, totaling 4 years and 7 months, plus time served in the People's Public Security from December 1977 to December 1992, totaling 15 years and 1 month. The total working period eligible for the benefit is 19 years and 8 months. Mr. Hoang Van D's monthly allowance amount is 976,337 VND/month.

b) The monthly allowance amounts specified in Point a of this Clause shall be adjusted accordingly for each period as prescribed by the Government.

c) In case officials or soldiers who are currently receiving monthly allowances pass away, the allowance will cease from the following month. The person organizing the funeral will receive a one-time allowance equal to three months' worth of the deceased's current monthly allowance.

In the event that officials or soldiers pass away after October 15, 2010 but have not yet received monthly allowances, one of the following persons: spouse, father, mother, biological child, adopted child, or legal guardian may claim the monthly allowance benefit for the period from May 1, 2010 to the month/year of the official or soldier's death, and the funeral allowance equivalent to three months' worth of the monthly allowance at the time of death.

Example 5: Mr. Do Van D joined the People's Public Security in April 1975 and retired back to his home province in June 1990. On April 25, 2012, Mr. Do Van D passed away. In December 2023, the relatives of Mr. Do Van D completed the application for the allowance benefit. The calculation method for Mr. Do Van D's benefit is as follows:

Mr. Do Van D's working period eligible for the benefit is from April 1975 to June 1990, totaling 15 years and 3 months.

Mr. Do Van D's monthly allowance amount from May 1, 2010 is 813,614 VND/month. The monthly allowance of Mr. Do Van D from May 1, 2010 to April 30, 2011 is: 813,614 VND x 12 months = 9,763,368 VND.

Mr. Do Van D's monthly allowance amount from May 1, 2011 to April 2012 was adjusted according to Decree No. 23/2011/ND-CP dated April 4, 2011 of the Government to 813,614 VND x 1.137 = 925,079 VND. The monthly allowance of Mr. Do Van D from May 1, 2011 to April 2012 is: 925,079 VND/month x 12 months = 11,100,948 VND.

The relatives of Mr. Do Van D are entitled to claim the monthly allowance of Mr. Do Van D from May 1, 2010 to April 2012, totaling 20,864,316 VND, and the funeral allowance of 3 months x 925,079 VND/month = 2,775,237 VND; the total amount received is 23,639,553 VND.

Article 5. One-time Allowance System

1. Officers and soldiers specified in Point a Clause 1 Article 2 of this Circular (excluding cases stipulated in Clause 3 Article 3 of this Circular) shall be entitled to the one-time allowance if they fall under any of the following circumstances:

a) Having less than 15 years of service time counted for benefit entitlement;

b) Having less than 15 years of service time counted for benefit entitlement; after leaving their job or being discharged back to their home province, they continue working at commune, ward, town participating in mandatory social insurance or voluntary social insurance but do not meet the conditions to receive monthly pension according to the laws on social insurance;

c) Having less than 20 years of service time counted for benefit entitlement; after leaving their job or being discharged back to their home province, they participate in work at commune, ward, town receiving salary from the state budget participating in mandatory social insurance meeting the conditions to receive monthly allowance or monthly pension according to the laws on social insurance.

2. Calculation Method

The one-time allowance is calculated based on the number of years of service time counted for benefit entitlement, specifically: From 02 years (24 months) and below, the amount of one-time allowance is 2,500,000 VND; from the third year onwards, for each additional year, the amount of one-time allowance increases by 800,000 VND.

The amount of one-time allowance is calculated using the formula:

Amount = 2,500,000 VND + [(number of years of service time counted for benefit entitlement - 2 years) x 800,000 VND/year]

In the case where officers and soldiers specified in Clause 1 of this Article pass away after October 15, 2010 but have not yet received the one-time allowance, one of the following persons: spouse, father, mother, biological child, adopted child, or legal guardian of the deceased person may claim the one-time allowance.

3. Officers and soldiers specified in Point a Clause 1 Article 2 of this Circular (excluding cases stipulated in Clause 3 Article 3 of this Circular) who passed away before October 15, 2010, one of the following persons: spouse, father, mother, biological child, adopted child, or legal guardian of the deceased person may claim a one-time allowance of 3,600,000 VND.

Article 6. Documents for reviewing entitlement to benefits

1. Application Documents for Considering Entitlement to One-Time Allowance

a) A letter requesting consideration for one-time allowance (Form No. 01) attached with a list of requests for resolving one-time allowance of the provincial police force where the officer or soldier resides (Form No. 02);

b) Personal declaration form (Form No. 03) or personal declaration form for relatives of officers and soldiers (Form No. 04); in case of proxy execution, it must comply with the provisions of the law;

c) Original documents or documents considered as original or related documents showing the service time counted for benefit entitlement (original or certified copy or copy confirmed by the personnel organization department of the police unit or local police force where the officer or soldier has served). Types of documents serving as basis for determining service time include:

Decision to terminate employment or discharge; decision or related documents regarding settlement of termination allowance or discharge allowance; officer's resume or military resume; party member's resume; social insurance card (if available);

Other related documents such as: Orders, Medals, War Merit Medals or Liberation Medals and other forms of commendation; policy file for people with meritorious service; decision to issue disability certificate and disability allowance or extract from disability file; transfer for medical treatment; recruitment, transfer, appointment, promotion, and salary increase decisions; call-up notice for military service or admission notice to People's Public Security University (or People's Army University); list of officers, declarations, and declarations for revolutionary service for state commendation with confirmation from the unit; other historical documents proving relevant to the service period of officers and soldiers; death certificate or death notification (in the case of death).

d) In the case of discharge or termination of employment but lacking documents or materials reflecting the entire service time counted for benefit entitlement, the application must include the following additional documents:

- Confirmation of service time (Form No. 07) issued by the Head of the Police Department of district, county, city, or provincial capital (hereinafter referred to as the Police Department at the district level) or equivalent level where the officer or soldier has served or worked before discharge or termination of employment (attached with supporting documents and materials for confirming the officer or soldier's discharge or termination of employment). If the agency or unit is merged or dissolved, the newly established agency or unit after merger or dissolution confirms; simultaneously, there must be confirmation from two or more people working during the same period or stage (attached with supporting documents and materials for confirming the service time together with the officer or soldier confirmed);

- Verification and investigation record (Form No. 08) of the Police Department at the district level where the officer or soldier resides;

- Review and recommendation record for resolving one-time allowance according to Decision No. 53/2010/QĐ-TTg of the provincial police force (Form No. 09).

2. Monthly Benefit Application Documents transferred to the Department of Labor, Invalids, and Social Affairs where the officer or soldier resides for implementation of the benefit system, including:

a) Introduction letter of the Personnel Organization Bureau (Form No. 06);

b) Decision on receiving monthly allowance issued by the Director of the Personnel Organization Bureau (Form No. 05A);

c) Personal declaration form (Form No. 03).

Article 7. Procedures for Implementation

1. Officers, soldiers, or relatives of officers and soldiers submit Personal Declaration Forms according to the model and personal documents they still retain to the Public Security Office at their place of permanent residence to serve as the basis for determining the period of service eligible for benefits.

2. The Public Security Office at the district level

a) Accept the dossier, guide officers, soldiers, or relatives of officers and soldiers to declare fully and accurately according to the model; obtain confirmation from the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee of the commune); and review the dossier;

b) In cases where the dossier meets the conditions for requesting benefits, within 10 days from the date of receiving all the dossier, it is responsible for compiling a list to request resolution of one-time or monthly subsistence allowances, completing the dossier, and issuing a report letter requesting resolution of the subsistence allowance according to Decision No. 53/2010/QĐ-TTg (with attached dossier) to be sent to the Public Security Office at the provincial level;

c) In cases where there are insufficient documents, the Public Security Office at the district level shall take the lead and be responsible for conducting verification and investigation; obtain confirmation from representatives: People's Committee, Vietnam Fatherland Front, Public Security, Village Policy Council, Village Head (or hamlet head), Ward Chief, and officers with the same period of service as the officers and soldiers (if any); compile a verification and investigation record (Model No. 07), complete the dossier, compile a list to request resolution of one-time or monthly subsistence allowances, and issue a report letter requesting (or not requesting) resolution of the subsistence allowance according to Decision No. 53/2010/QĐ-TTg to be sent to the Public Security Office at the provincial level.

3. Provincial Police Station

a) Accept the dossier transferred by the Public Security Office at the district level;

b) In cases where the dossier meets the conditions for requesting benefits, within 10 days from the date of receiving all the dossier, it is responsible for organizing the review of the dossier, compiling a list, and completing the dossier for requesting benefits according to regulations, issuing a report letter requesting (with attached dossier) to be sent to the Cadre Organization Bureau;

c) In cases where there are insufficient documents, the Public Security Office at the provincial level continues to organize verification and investigation; issue a report letter requesting the Public Security unit or locality (where the officer or soldier has a period of service or worked before retirement or discharge) to confirm the period of service (Model No. 08). After obtaining the results of verification and investigation and confirming that the officer or soldier is the correct subject and meets the conditions to enjoy benefits according to regulations, the Public Security Office at the provincial level will convene a meeting, review, compile a review record for requesting resolution of the subsistence allowance according to Decision No. 53/2010/QĐ-TTg (Model No. 09); participants include: Representatives of the leadership of the Public Security Office at the provincial level, leadership of the organizational cadre department, and directly reviewing officers who make recommendations. Within 10 days, complete the dossier for requesting benefits according to regulations, issue a report letter requesting (with attached dossier) to be sent to the Cadre Organization Bureau. In cases where the conditions for enjoying the subsistence allowance are not met, issue a reply letter to the individual requesting and clearly state the reasons;

d) Accept the dossier already resolved and transferred back by the Cadre Organization Bureau; transfer the dossier for monthly subsistence allowance to the Department of Labor, Invalids, and Social Affairs for management and payment of the monthly subsistence allowance according to regulations;

e) Transfer the decision on the one-time subsistence allowance issued by the Director of the Cadre Organization Bureau and implement the payment of the one-time subsistence allowance to officers, soldiers, or relatives of officers and soldiers.

4. The Cadre Organization Bureau

Accept the dossier for requesting benefits transferred by the Public Security Office at the provincial level. Within 10 days from the date of receiving the dossier according to regulations, it is responsible for reviewing, approving, and issuing a decision on the monthly subsistence allowance (Model No. 05A) or a decision on the one-time subsistence allowance (Model No. 05B); transfer the resolved dossier back to the Public Security Office at the provincial level (where the request was made). In cases where the conditions for enjoying the subsistence allowance are not met, issue a reply letter and clearly state the reasons.

Chapter III
IMPLEMENTATION

Article 8. Funding Assurance

1. The monthly allowance payment funding shall be guaranteed by the central budget through the Ministry of Labor, Invalids and Social Affairs transferring to the Provincial Departments of Labor, Invalids and Social Affairs for payment to officers and soldiers entitled to allowances.

2. The one-time allowance payment funding shall be guaranteed by the central budget through the Ministry of Public Security, including:

a) Funding for the one-time allowance payments to officers and soldiers entitled to allowances as stipulated in Article 5 of this Circular;

b) Funding for the allowance payment work amounting to 4% of the total allowance payment funding for officers and soldiers entitled to allowances (including: examination and verification of files; service for propaganda and policy dissemination; training, vocational upgrading, mid-term and final reviews; procurement, minor repairs, equipment, office supplies serving the allowance payment work). The expenditure level shall be implemented according to State regulations.

Article 9. Effective Date

1. This Circular takes effect from October 10, 2023 and replaces Joint Circular No. 05/2010/TTLT-BCA-BLDTBXH-BTC dated November 8, 2010 of the Ministry of Public Security, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance guiding the implementation of Decision No. 53/2010/QD-TTg dated August 20, 2010 of the Prime Minister on the regime for People's Police officers and soldiers participating in the resistance war against America with less than 20 years of service in the People's Police who have retired or been discharged back to their home provinces.

2. The monthly allowance regime prescribed in Article 4 of Decision No. 53/2010/QD-TTg and Article 4 of this Circular shall be implemented from May 1, 2010. Officers and soldiers currently receiving monthly allowances under Decision No. 613/QD-TTg dated May 6, 2010 of the Prime Minister on monthly allowances for those with at least 15 but less than 20 years of actual service who have reached the end of their entitlement period for disability allowances shall cease to receive the monthly allowance regime prescribed in Article 4 of this Circular.

3. Officers and soldiers who have received one-time allowances as prescribed in point a, Clause 1, Article 1 of Decision No. 290/2005/QD-TTg dated November 8, 2005 of the Prime Minister on the regime and policies for certain individuals directly participating in the resistance war against America to save the country but not yet enjoying the policies of the Party and State; Clause 2, Article 1 of Decision No. 92/2005/QD-TTg dated April 29, 2005 of the Prime Minister on implementing the regime for ethnic minority military personnel belonging to Military Zones 7 and 9 who participated in the resistance war against America and returned to their home provinces before January 10, 1982, if they meet the conditions to switch to the monthly allowance regime under Decision No. 53/2010/QD-TTg, the provincial public security agency where the officers and soldiers reside shall establish a file to request the monthly allowance regime according to this Circular and notify the Department of Labor, Invalids and Social Affairs to implement the recovery of the one-time allowance already received into the state budget as prescribed in Clause 3, Article 8 of Decision No. 53/2010/QD-TTg.

Article 10. Responsibility for Implementation

1. Department of Organization and Cadres

a) Guide, inspect, and direct the organization to implement Decision No. 53/2010/QD-TTg and this Circular;

b) Take the lead and coordinate with competent agencies inside and outside the People's Public Security to monitor and resolve difficulties arising during the implementation of Decision No. 53/2010/QD-TTg;

2. Department of Planning and Finance

a) Annually, prepare the budget for funding to ensure the implementation of one-time allowance payments as prescribed in Decision No. 53/2010/QD-TTg and this Circular, report to the Ministry leader for approval, and submit to the Ministry of Finance to ensure funding for one-time allowance payments according to the State Budget Law;

3. Public Security Units and Localities

a) Organize propaganda, convey, and implement this Circular;

b) The head of the public security unit or locality has the responsibility to confirm the length of service for officers and soldiers whose service time at the agency or unit is specified in this Circular.

4. Provincial Departments of Labor, Invalids and Social Affairs

a) Receive files for monthly allowance benefits transferred from the provincial public security agency; manage and pay monthly allowance benefits to officers and soldiers entitled to them; adjust the monthly allowance benefits according to government regulations; receive one-time allowances paid back by officers and soldiers as prescribed in Clause 3, Article 8 of Decision No. 53/2010/QD-TTg;

b) Pay allowance benefits to the relatives of officers and soldiers entitled to monthly allowances upon their death as prescribed in Clause 2, Article 4 of Decision No. 53/2010/QD-TTg and guided in point c, Clause 2, Article 4 of this Circular;

c) Prepare the budget and pay monthly allowance benefits to officers and soldiers entitled to them and organize payments according to the State Budget Law.

During the implementation process, if there are difficulties or obstacles, the public security units or localities and related agencies and organizations should reflect these issues to the Ministry of Public Security (through the Personnel Bureau) for timely guidance./.