Decree No. 49/2019/ND-CP detailing and providing implementation measures for certain provisions of the Law on People's Police

DECREE

Providing detailed regulations and implementation measures for certain provisions of the Law on People's Police

On the basis of the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on People's Police dated November 20, 2018;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree to provide detailed regulations and implementation measures for certain provisions of the Law on People's Police.

PART I

GENERAL PROVISIONS

1. The organization of receiving and processing administrative procedures electronically shall be carried out through the National Public Service Portal via the Linked Public Service Software, ensuring requirements for exploitation and restructuring of business processes towards integration and coordinated resolution, enhancing the quality of administrative services provided by relevant state agencies, facilitating business households, individuals, and related agencies and organizations in receiving and processing administrative procedures.

This Decree provides detailed regulations and implementation measures for certain provisions of the Law on People's Police regarding: the regime and policies for officers, non-commissioned officers, and soldiers of the People's Police who cease service in the People's Police, die, or retire; the regime and policies for police workers; extending the age limit for serving officers of the People's Police.

1. Salary for benefit calculation

a) The salary for one-time allowance calculation as stipulated at point a, Clause 4, Article 3 of this Decree shall be calculated based on the average monthly social insurance contribution salary of the last five years (60 months) before the officer retires;

b) The salary for one-time allowance calculation as stipulated at point b, Clause 4, Article 3, point b, Clause 2, Article 5, and Clause 2, Article 8 of this Decree is the salary (including: salary according to rank, grade, level for officers and non-commissioned officers; salary according to group, grade, level for police workers and allowances for position, seniority, or retained difference) of the month immediately preceding the date when the officer, non-commissioned officer, or police worker ceases work, dies, or retires;

2. Length of Service for Entitlement Calculation

a) The working time for one-time allowance calculation as stipulated at Clause 4, Article 3, and point b, Clause 2, Article 5 of this Decree is the total working time, study, and work with social insurance contributions not yet received one-time allowance (discharge, cessation of work);

b) When calculating the working time as stipulated at point a of this clause and Clause 1, Article 8 of this Decree, if it is intermittent, it will be accumulated; if there is a fractional month, it will be calculated as follows: less than three months will not be counted, from three months to six months inclusive will be counted as half a year, from more than six months to less than twelve months will be counted as one full year.

Chapter II

REGIME AND POLICIES FOR OFFICERS, NON-COMMISSIONED OFFICERS, SOLDIERS WHO CEASE SERVICE IN THE PEOPLE'S POLICE, DIE, OR RETIRE

SERVE IN THE PEOPLE'S POLICE, SACRIFICE, DECEASED

1. Officers and non-commissioned officers may retire under one of the following circumstances:

a) Meeting the conditions to enjoy retirement benefits as prescribed by laws on social insurance;

b) Reaching the service age limit as prescribed in Clauses 1 and 2, Article 30 of the Law on People's Police 2018 and having contributed to social insurance for at least twenty years;

c) Male officers and non-commissioned officers have served for at least twenty-five years, female officers and non-commissioned officers have served for at least twenty years in the People's Police, including at least five years of police seniority, and have contributed to social insurance for at least twenty years but do not meet the age requirement for retirement and the People's Police no longer need to arrange positions or transfer them to other sectors, or the officers and non-commissioned officers voluntarily request to retire.

2. Officers and non-commissioned officers who retire and enjoy retirement benefits, if they have been promoted to rank and increased salary for two-thirds of the term or more and have been evaluated as meeting or exceeding the performance requirements, shall be promoted one rank and increased one salary grade (except in cases of promotion to general rank).

3. Officers and non-commissioned officers who retire shall enjoy retirement benefits as prescribed by laws on social insurance and a one-time allowance for the additional time as prescribed in Clause 2, Article 8 of this Decree.

4. Officers and non-commissioned officers who retire before the highest service age limit prescribed in Clauses 1 and 2, Article 30 of the Law on People's Police 2018 by at least one year and two months due to changes in organizational structure and staffing as decided by the competent authority shall, in addition to the benefits prescribed in Clause 3 of this Article, also enjoy a one-time allowance as follows:

a) They shall receive a one-time allowance of three months' salary for each year retired before the age limit;

b) They shall receive a one-time allowance equal to five months' salary for the first twenty years of service. For each year of service from the twenty-first year onwards, they shall receive a one-time allowance equal to half the salary of the month immediately preceding their retirement.

Article 4. Treatment and policies for police officers and non-commissioned officers of the People's Public Security who change careers or transfer to become public security workers

1. Police officers and non-commissioned officers who transfer to work within the state administrative apparatus, political organizations, and socio-political organizations and receive salaries from the state budget shall enjoy the following benefits:

a) Priority in job placement suitable to their specialized profession, technical skills, and business operations; training and further education in necessary specialized and operational fields corresponding to their assigned tasks;

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

c) Receiving and enjoying new salary based on the new position and rank from the date of the career transfer decision. In cases where the salary grade is lower than the salary of the officer or non-commissioned officer at the time of transfer, the salary level and seniority allowance at the time of transfer will be retained for a minimum period of 18 months from the date of the career transfer decision and paid by the new agency or unit. The extension of salary retention beyond 18 months is decided by the head of the competent authority managing cadres, civil servants, and public officials, considering internal salary relationships. During the salary retention period, the difference in retained salary decreases correspondingly when cadres, civil servants, and public officials receive salary increases or seniority allowances exceeding the framework in their grade or are promoted to a higher grade. After the salary retention period, cadres, civil servants, and public officials continue to receive the seniority allowance at the time of transfer or have it connected to calculate seniority allowances in other sectors that provide seniority allowances.

d) Receiving a one-time allowance for additional service time due to conversion as stipulated in Clause 2, Article 8 of this Decree;

đ) In cases where they are required to return to serve in the People's Public Security due to job requirements, the career transfer period will be counted towards continuous service time for promotion to higher ranks and calculation of seniority.

2. Police officers and non-commissioned officers who transfer to work in enterprises or units not receiving salaries from the state budget shall receive a one-time allowance as prescribed in point b, Clause 2, Article 5 and Clause 2, Article 8 of this Decree, and retain social insurance and unemployment insurance contribution periods according to the provisions of the law.

3. Police officers and non-commissioned officers who transfer to become public security workers shall enjoy the following benefits:

a) Police officers and non-commissioned officers who transfer to become public security workers and receive salaries from the state budget shall be classified according to their new positions. If the new position's salary is lower than the salary of the officer or non-commissioned officer at the time of transfer, the rank-based salary, occupational seniority allowance, and seniority allowance exceeding the framework will be retained until the salary is increased or the seniority allowance exceeds the framework by the same amount or more;

In cases where they are required to return to serve as police officers or non-commissioned officers due to job requirements, the time spent as public security workers will be counted towards continuous service time for promotion to higher ranks and salary increases;

b) Police officers and non-commissioned officers who transfer to become public security workers without receiving salaries from the state budget shall implement the provisions set out in Clause 2 of this Article.

Article 5. Treatment and policies for officers and non-commissioned officers of the People's Public Security Forces upon discharge

1. Officers and non-commissioned officers who cease service in the People's Public Security Forces and are discharged to their place of origin shall be subject to one of the following cases:

a) Not meeting the conditions for retirement as stipulated in Clause 1, Article 3 of this Decree and not transferring to another profession;

b) Meeting the conditions for retirement as stipulated in Clause 1, Article 3 of this Decree but requesting to receive a one-time social insurance benefit to settle abroad or suffering from one of the life-threatening diseases such as cancer, paralysis, cirrhosis, leprosy, severe tuberculosis, HIV/AIDS and other diseases as prescribed by the Ministry of Health.

2. Officers and non-commissioned officers upon discharge shall enjoy the following benefits:

a) Receiving social insurance benefits and other benefits as prescribed by law;

b) A one-time allowance: For each year of service, equivalent to one month of current salary;

c) A one-time allowance for additional time due to conversion as prescribed in Clause 2, Article 8 of this Decree;

d) Officers and non-commissioned officers as specified in point a, Clause 1 of this Article shall receive a job creation allowance equal to six times the basic wage level as prescribed by the Government at the time of discharge; they shall be prioritized for vocational training at vocational education institutions or introduced to employment at employment service centers of ministries, sectors, mass organizations, localities, and other economic and social organizations; they shall be prioritized for selection under programs for sending workers abroad.

3. Officers and non-commissioned officers who have been discharged to their place of origin within a period not exceeding 01 year (12 months) from the date the discharge decision takes effect:

a) If they find new employment and request to transfer to work in the state budget-funded staff of state agencies, political organizations, and political-social organizations, they must repay the allowances received according to points a and b, Clause 2, Article 5 of this Decree;

b) If they transfer to work in enterprises or units not funded by the state budget or wish to retain their social insurance contribution period, they must repay the allowances received according to point a, Clause 2, Article 5 of this Decree.

4. The Minister of Public Security shall prescribe the procedures and formalities for discharging officers and non-commissioned officers of the People's Public Security Forces.

Article 6. Treatment and policies for officers and non-commissioned officers of the People's Public Security Forces retiring on disability pension

Officers and non-commissioned officers retiring on disability pension shall enjoy the following rights:

1. Preferential treatment for persons with meritorious service to the revolution and social insurance benefits as prescribed by law.

2. A one-time allowance for additional time due to conversion as prescribed in Clause 2, Article 8 of this Decree.

Article 7. Treatment and policies for relatives of officers, non-commissioned officers, and soldiers of the People's Public Security Forces who died or passed away

1. Relatives of officers, non-commissioned officers, and soldiers who died shall enjoy benefits as prescribed by law on preferential treatment for persons with meritorious service to the revolution, social insurance benefits as prescribed by law, and a one-time allowance as prescribed in point b, Clause 2, Article 5 and Clause 2, Article 8 of this Decree.

2. Relatives of officers, non-commissioned officers, and soldiers who passed away shall enjoy social insurance benefits as prescribed by law and a one-time allowance as prescribed in point b, Clause 2, Article 5 and Clause 2, Article 8 of this Decree.

3. Relatives of officers, non-commissioned officers, and soldiers who died or passed away shall enjoy the assistance benefits prescribed in Clauses 1 and 2 of this Article, including: Spouse or husband; legitimate children or adopted children; biological father or mother; father-in-law or mother-in-law, father-in-law or mother-in-law; legally adopted father or mother or other person whom the officer, non-commissioned officer, or soldier had the obligation to support before death or passing away as prescribed by law.

Article 8. Conversion of time for calculating benefits when police officers and non-commissioned officers of the People's Public Security cease service in the People's Public Security, sacrifice, or pass away

1. Police officers and non-commissioned officers who have time directly engaged in combat, serving in combat, or working in areas or professions with special characteristics shall be converted to calculate one-time allowance benefits upon ceasing service in the People's Public Security as follows:

a) One year is converted to one year and six months for direct combat or combat service time;

b) One year is converted to one year and four months for work time in areas with a special area allowance of 100% or for jobs listed in the catalog of particularly arduous, toxic, or dangerous occupations as prescribed by law;

c) One year is converted to one year and two months for work time in areas with an area allowance coefficient of 0.7 or higher or for jobs listed in the catalog of arduous, toxic, or dangerous occupations as prescribed by law;

d) In cases where, within the same period of work, police officers and non-commissioned officers of the People's Public Security are entitled to two or three conversion rates specified in points a, b, and c of this clause, they shall only be entitled to the highest rate.

2. Police officers and non-commissioned officers who have additional time due to conversion as stipulated in Clause 1 of this Article shall be entitled to one-time allowances at the rate of one month of salary for each year based on the salary immediately preceding the month in which the police officer or non-commissioned officer ceases service in the People's Public Security or sacrifices, or passes away.

Chapter III

POLICIES FOR PUBLIC SECURITY WORKERS

Article 9. Salary system for public security workers

1. The salary scale for public security workers is prescribed in the Appendix attached to this Decree.

The Minister of Public Security shall specify job titles for each salary grade.

2. Promotion of grades and ranks for public security workers

a) Public security workers who complete assigned tasks, meet technical rank standards, and have not yet reached the final grade in their rank may be considered for regular promotion to the next grade after two years (24 months) for those with a salary coefficient of 3.95 or less, and after three years (36 months) for those with a salary coefficient above 3.95.

During the period for grade promotion consideration, if they fail to fulfill their duties or are disciplined with a warning, the promotion period will be extended by six months; if they are disciplined with a reprimand or higher, the promotion period will be extended by twelve months.

If they achieve outstanding results in performing their duties, they may be promoted ahead of schedule by up to twelve months or skip a grade.

b) Public security workers who perform their assigned responsibilities well or exceptionally well, possess the ability to take on higher positions within the same technical field, and hold relevant qualifications may be considered for rank promotion.

3. Transfer to the Public Security Worker Salary Scale

a) When transferring to a new salary scale, promotion to a higher grade or rank cannot be combined;

b) The transfer from the current salary coefficient to the salary coefficient prescribed in the Public Security Worker Salary Scale issued in the Appendix attached to this Decree shall be based on the time worked with social insurance contributions (if there is a discontinuous contribution period without receiving one-time social insurance benefits, it can be accumulated), consistent with the position and the provisions of Clause 2 of this Article.

If the newly assigned salary coefficient, when added to the seniority allowance exceeding the ceiling and the national defense and security service allowance, is lower than the current salary coefficient plus the seniority allowance exceeding the ceiling and the national defense and security service allowance, they shall continue to enjoy the difference in the salary coefficient until it equals the total of the current salary coefficient, seniority allowance exceeding the ceiling, and the national defense and security service allowance. The retained difference in the salary coefficient decreases gradually when the grade is promoted.

4. Public security workers are entitled to various allowances and subsidies including:

a) Seniority allowance exceeding the ceiling;

b) Area allowance;

c) Special allowance;

d) Hazardous and dangerous work allowance;

đ) Responsibility work allowance;

The conditions, time period, and level of allowances for the types of supplements specified in points a, b, c, d, and đ of this clause shall be implemented as prescribed in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regulations for cadres, civil servants, public officials, and armed forces personnel.

e) Duty allowance:

- Applied to police workers receiving salaries from the state budget;

- The conditions, time period, and level of duty allowance shall be implemented as prescribed in Decree No. 34/2012/NĐ-CP dated April 15, 2012 of the Government on duty allowance regulations.

g) Allowance and subsidies for working in areas with particularly difficult socio-economic conditions:

The conditions, time period, and level of allowance shall be implemented as prescribed in Decree No. 116/2010/NĐ-CP dated December 24, 2010 of the Government on policies for cadres, civil servants, public officials, and personnel receiving salaries in the armed forces working in areas with particularly difficult socio-economic conditions.

5. Source of funding for implementation

a) For units under the state budget guarantee according to the laws on state budget;

b) For enterprises included in deductible expenses when determining corporate taxable income.

6. Police workers applying the salary scale prescribed in this Decree shall not enjoy the defense and security service allowance as stipulated in point đ Clause 8 Article 6 of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regulations for cadres, civil servants, public officials, and armed forces personnel.

Article 10. Seniority Allowance System for Police Workers

1. Level of Allowance

Police workers who have served in the People's Public Security Force for at least five years (60 months) shall receive a seniority allowance equal to 5% of their current salary plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable); for each year (12 months) starting from the sixth year, an additional 1% shall be added.

The seniority allowance shall be paid together with monthly salary and used to calculate contributions and benefits for social insurance, health insurance, unemployment insurance, and occupational accident and occupational disease insurance.

2. Time for Receiving Allowance

a) Time served in the People's Public Security Force;

b) Time receiving seniority allowance in other professions can be accumulated with the time specified in point a of this clause to calculate seniority allowance.

3. Time Not Counted for Receiving Allowance

a) Time off without pay for personal reasons for one month or more continuously;

b) Time off due to illness or maternity leave exceeding the duration prescribed by the law on social insurance;

c) Time temporarily suspended from work or detained, arrested, and subsequently dismissed.

1. Male reaching 60 years old.

2. Female reaching 55 years old.

Article 12. Forms and Conditions for Termination of Service of Police Workers

1. Police workers may retire if they fall into one of the following cases:

a) Meeting the conditions to enjoy retirement benefits as prescribed by laws on social insurance;

b) Male aged 55 to under 60, female aged 50 to under 55, and having contributed to social insurance for at least 20 years but not falling into the case stipulated in point a of this clause, but due to changes in organizational structure, the People's Public Security Force no longer has a need to arrange employment;

c) Male aged 50, female aged 45, and having contributed to social insurance for at least 20 years, including 15 years as a police worker.

2. Police workers may change profession if approved by the competent authority and the receiving agency or organization.

3. Police workers may terminate their service if they fall into one of the following cases:

a) Before reaching the age limit for service as prescribed in Article 11 of this Decree, they express a desire to terminate service in the People's Public Security Force and obtain approval from the competent authority;

b) Due to changes in organizational structure, the People's Public Security Force no longer has a need to arrange employment and does not fall into the case stipulated in point b of Clause 1 and Clause 2 of this Article;

c) Police workers not falling into the case stipulated in Clause 1 of this Article, whose moral character does not meet job requirements or fail to complete job responsibilities for two consecutive years or do not meet health standards;

d) Meeting the retirement conditions stipulated in Clause 1 of this Article but requesting to receive a one-time social insurance payment to settle abroad or suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis, leprosy, severe tuberculosis, HIV/AIDS, or other diseases as prescribed by the Ministry of Health.

Article 13. Treatment and policies for police workers ceasing service in the People's Public Security, sacrificing, or passing away

1. Treatment and policies for police workers retiring

a) Police workers falling under the cases stipulated in points a and c Clause 1 Article 12 of this Decree shall enjoy social insurance benefits as prescribed by law;

b) Police workers falling under the case stipulated in point b Clause 1 Article 12 of this Decree when retiring shall not have their pension reduced due to early retirement; they shall enjoy social insurance benefits as prescribed by law and a one-time allowance as stipulated in Clause 4 Article 3 of this Decree.

2. Treatment and policies for police workers ceasing work

a) Receiving social insurance benefits and other benefits as prescribed by law;

b) Shall enjoy a one-time allowance as prescribed in point b Clause 2 Article 5 of this Decree.

3. Treatment and policies for police workers transferring to other sectors

a) Police workers transferring to work at state agencies, political organizations, and political-social organizations receiving salaries from the state budget upon retirement shall enjoy social insurance benefits as prescribed by law. In cases where they are redeployed back to serve in the People's Public Security due to mission requirements, the time spent in other sectors shall be counted towards continuous service time for salary increments and length of service assessment;

b) Police workers transferring to work at enterprises or units not receiving salaries from the state budget shall enjoy a one-time allowance as prescribed in point b Clause 2 Article 5 of this Decree and retain the time already contributed to social insurance and unemployment insurance as prescribed by law.

4. Treatment and policies for relatives of police workers who sacrificed or passed away

a) Relatives of police workers who sacrificed shall enjoy benefits as prescribed by laws on preferential treatment for those contributing to the revolution, social insurance benefits as prescribed by law, and a one-time allowance as prescribed in point b Clause 2 Article 5 of this Decree;

b) Relatives of police workers who passed away shall enjoy social insurance benefits as prescribed by law and a one-time allowance as prescribed in point b Clause 2 Article 5 of this Decree;

c) The relatives of police workers referred to in points a and b of this clause include the cases prescribed in Clause 3 Article 7 of this Decree.

5. Police workers with direct combat, combat support, or difficult area service experience, or special profession when ceasing service in the People's Public Security or sacrificing, passing away shall enjoy treatment and policies as prescribed in Clause 2 Article 8 of this Decree.

Chapter IV

EXTENDING THE SERVICE AGE LIMIT OF POLICE OFFICERS IN THE PEOPLE'S PUBLIC SECURITY

Article 14. Conditions, duration, authority, procedures, and formalities for extending the service age limit of police officers in the People's Public Security who are professors, associate professors, doctors, or senior experts

1. Police officers in the People's Public Security who are professors, associate professors, doctors, or senior experts may have their service age limit extended to teach and conduct scientific research at higher education institutions or research institutes within the People's Public Security.

2. Police officers specified in Clause 1 of this Article may have their service age limit extended if they meet the following conditions:

a) The direct using unit has a need and lacks staffing compared to the quota;

b) They have good health, moral qualities, professional competence, and voluntarily continue working as required.

3. Police officers specified in Clause 1 of this Article may have their service age limit extended once or multiple times, each extension not exceeding two years (24 months). The total extension period is as follows:

a) Not exceeding ten years for professors;

b) Not exceeding seven years for associate professors;

c) Not exceeding five years for doctors or senior experts.

4. During the extended service period, police officers whose service age limit is extended have the right to request retirement to enjoy retirement benefits as prescribed by law.

5. The authority to extend the service age limit of police officers who are professors, associate professors, doctors, or senior experts shall be implemented according to relevant laws and decided by the competent authority in accordance with the cadre management delegation regulations.

6. The Minister of Public Security shall prescribe the procedures and formalities for extending the service age limit of police officers in the People's Public Security who are professors, associate professors, doctors, or senior experts.

Article 15. Regulations and policies for People's Police officers whose service age limit is extended

1. During the period of extended service age limit, officers shall cease to hold leadership and command positions.

2. Officers whose service age limit is extended shall enjoy salaries and other benefits as prescribed by law.

Chapter V

ARTICLE TRANSITION PROVISIONS

Article 16. Effective Date

1. This Decree takes effect from July 25, 2019, replacing Government Decree No. 103/2015/NĐ-CP dated October 20, 2015, detailing and providing implementation measures for certain provisions of the Law on People's Police.

2. When the legal normative documents referred to in this Decree are amended, supplemented, or replaced, the content referred to in this Decree shall also be adjusted and implemented according to the amended, supplemented, or replaced legal normative documents.

Article 17. Transitional Provisions and Amendments

1. Government Decree No. 18/2013/NĐ-CP dated February 21, 2013, stipulating material living standards for officers, non-commissioned officers, and soldiers serving in the People's Police force; Government Decree No. 169/2007/NĐ-CP dated November 19, 2007, on mobilizing scientific and technological potential to serve police work; Government Decree No. 127/2006/NĐ-CP dated October 27, 2006, on ensuring conditions for national security protection and social order and safety maintenance activities; and Government Decree No. 59/2008/NĐ-CP dated May 8, 2008, on People's Police Identity Cards shall continue to be effective until amended, supplemented, replaced, or abolished.

2. Replace the phrase "Director General" with "Director" at Point b Clause 2 Article 4 of Government Decree No. 59/2008/NĐ-CP dated May 8, 2008, on People's Police Identity Cards.

Article 18. Responsibility for Implementation

1. The Minister of Public Security is responsible for guiding the implementation of this Decree; regularly reviewing, amending, supplementing, or proposing amendments and supplements to related legal normative documents to ensure that the regulations and policies for public security workers are equivalent to those for defense workers.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.

Appendix

PAY SCALE FOR PUBLIC SECURITY WORKERS

(Attached to Government Decree No. 49/2019/NĐ-CP, June 6, 2019)

Note:

1. Actual salary level: equal to the salary coefficient multiplied (x) by the basic salary level as prescribed by the Government.

2. Objectives:

- Rank A:

+ Group I: arranged and assigned to job positions requiring a Bachelor’s degree and corresponding vocational skill levels.

+ Group II: arranged and assigned to job positions requiring a College degree and corresponding vocational skill levels.

- Rank B: arranged and assigned to job positions requiring a Secondary Technical School degree and corresponding vocational skill levels.

- Rank C: arranged and assigned to job positions requiring a Primary Vocational Certificate and corresponding vocational skill levels.