Circular No. 61/2011/TT-BCA guiding the implementation of the allowance for public service duties in the People's Public Security Force

CIRCULAR

Guidelines for Implementing the Subsistence Allowance System in the People's Police Force

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Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 57/2011/NĐ-CP dated July 7, 2011 of the Government stipulating the subsistence allowance system;

The Ministry of Public Security issues guidelines for implementing the subsistence allowance system in the People's Police Force as follows:

Article 1. Scope of Regulation

This Circular guides the implementation of the subsistence allowance system in the People's Police Force as prescribed in Decree No. 57/2011/NĐ-CP dated July 7, 2011 of the Government.

Subjects

1. Scope of Application This Circular applies to officers, non-commissioned officers, soldiers, workers, police staff, and contractual employees receiving salaries and allowances from the state budget in the People's Police Force, including:

a) Officers and non-commissioned officers in specialized positions; officers and non-commissioned officers in technical positions.

b) Non-commissioned officers and soldiers serving on a fixed-term basis.

c) Workers, police staff, and contractual employees (within the quota set by the Ministry) receiving salaries according to the salary scales issued together with Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for civil servants, public officials, and members of the armed forces.

2. Subjects not covered

a) Persons currently in temporary recruitment or probationary periods at local police units.

b) Students receiving living expenses while studying at academies and schools within and outside the People's Police Force.

c) Officers, non-commissioned officers, cadres, workers, staff, and contractual employees in enterprises under the People's Police Force.

d) Contractual employees not within the quota set by the Ministry, or not receiving salaries from the state budget, or receiving salaries based on a lump-sum payment or agreed-upon salary levels (not classified according to the national salary scale).

e) Officers, non-commissioned officers, soldiers, workers, police staff, and contractual employees who have retired, been discharged from service, transferred to other sectors, ceased employment, or had their labor contracts terminated before May 1, 2011.

Article 3. Levels of Allowances and Calculation Formula

1. The level of subsistence allowance for the subjects specified in Clause 1 of Article 2 of this Circular shall be equal to 10% of the current salary grade rate, salary scale rate, or grade allowance rate, plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable).

2. The formula for calculating the monthly subsistence allowance amount is as follows:

The general minimum wage is implemented according to the regulations of the State(the general minimum wage for calculating the subsistence allowance from May 1, 2011 is 830,000 VND/month).

* When calculating the monthly subsistence allowance amount for each individual, if the allowance amount has a decimal part of 50 VND or more, it should be rounded up to 100 VND, if less than 50 VND, it should be discarded.

Example 1:Comrade Nguyen Van A, Team Leader; receives a salary coefficient of 6.00 (Lieutenant rank), leadership position allowance coefficient of 0.3. The monthly subsistence allowance amount for Comrade A is:

(6.00 + 0.30) x 830,000 VND x 10% = 522,900 VND.

Example 2:Comrade Le Thi H, Lieutenant in technical positions; receives a salary coefficient of 5.20 (N2-SC) + 6% seniority allowance exceeding the ceiling. The monthly subsistence allowance amount for Comrade H is:

(5.20 + 5.20 x 6%) x 830,000 VND x 10% = 457,500 VND.

Example 3:Comrade Nguyen Van B, non-commissioned officer serving on a fixed-term basis in the People's Police Force; receives a grade allowance coefficient of 0.60 (Sergeant rank). The monthly subsistence allowance amount for Comrade B is:

0.60 x 830,000 VND x 10% = 49,800 VND.

Example 4:Ms. Nguyen Thi T, contractual employee in catering; receives a salary coefficient of 2.80. The monthly subsistence allowance amount for Ms. T is:

2.80 x 830,000 VND x 10% = 232,400 VND

Article 4. Principles for Granting Allowances

1. Service allowances are paid concurrently with monthly salaries and are not included in contributions to social insurance and health insurance benefits.

2. If an individual who receives service allowances transfers to a position that does not qualify for such allowances, they will cease to receive service allowances from the following month. In cases where there is a reverse transfer, they will be entitled to service allowances from the month of the transfer.

3. Individuals who receive occupational preference allowances, occupational responsibility allowances (inspectors, full-time Party inspection staff, performing artists, etc.) or special allowances for police officers and soldiers in the People's Public Security Forces, and who also qualify for service allowances under Clause 1, Article 2 of this Circular, shall also be entitled to service allowances as stipulated in this Circular.

4. Individuals who receive service allowances as specified in Clause 1, Article 2 of this Circular shall not be entitled to service allowances during the following periods:

a) Time spent on overseas assignments, working, or studying abroad, receiving 40% of their salary as stipulated in Clause 4, Article 8 of Government Decree No. 204/2004/NĐ-CP dated December 14, 2004, concerning salary regulations for cadres, civil servants, public officials, and armed forces personnel.

b) Continuous leave for personal reasons lasting one month or longer

c) Time off work while receiving social insurance benefits as prescribed by laws on social insurance.

d) Time off work awaiting retirement benefits.

đ) Time spent attending new recruit training courses for non-commissioned officers and soldiers serving on fixed-term contracts in the People's Public Security Forces.

e) Time when suspended from duty or detained.

Article 5. Source of Funds

The funds for implementing the service allowance system as stipulated in Government Decree No. 57/2011/NĐ-CP dated July 7, 2011, and detailed in this Circular shall be guaranteed by the state budget and implemented according to the guidelines of the Ministry of Finance.

For public service units with revenue within the People's Public Security Forces, the funds to ensure payment of service allowances (if applicable) shall be implemented according to Circular No. 06/2010/TT-BCA dated January 21, 2010, issued by the Ministry of Public Security, which regulates financial management systems for public service units with revenue within the People's Public Security Forces.

Article 6. Implementation Organization

1. This Circular takes effect from October 14, 2011.

3. Heads of public security units and localities are responsible for establishing and reviewing, paying service allowances in accordance with the provisions of this Circular for individuals currently receiving salaries and allowances from their units and localities.

4. Based on the number of individuals eligible for service allowances (as of May 1, 2011), public security units and localities must prepare comprehensive reports on additional funding requirements and submit them to the Ministry (through the Financial Department) before September 15, 2011.

Annually, public security units and localities are responsible for preparing budgets for implementing the service allowance system within regular expenditure budgets, reporting to the Ministry of Public Security (through the Financial Department) for consolidation and submission to the Ministry of Finance in accordance with the State Budget Law.

5. The Financial Department is responsible for consolidating reports from public security units and localities regarding funding needs for implementing the service allowance system and preparing reports on the Ministry of Public Security's funding requirements to submit to the Ministry of Finance as required.

During implementation, if any issues arise, public security units and localities should report them to the Ministry (through the General Bureau for Building Police Force) for research and guidance on resolution./.