Circular No. 63/2023/TT-BCA on the recruitment and implementation of regulations and policies for citizens performing their duty to participate in the People's Police

CIRCULAR

Regulations on the selection and implementation of policies for citizens performing their duty to participate in the People's Public Security Force

These regulations apply to citizens performing their duty to participate in the People's Public Security Force

Pursuant to the Law on Military Service 2015;

Pursuant to the Law on the People's Public Security Force 2018 and the Law Amending and Supplementing Certain Provisions of the Law on the People's Public Security Force 2023;

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 Decree No. 70/2019/NĐ-CP dated August 23, 2019 of the Government on the implementation of the duty to participate in the People's Public Security Force;

Pursuant to Decree No. 13/2016/NĐ-CP dated February 19, 2016 of the Government on the procedures and formalities for registration and health examination for military service and policies for citizens during this period;

Pursuant to Decree No. 27/2016/NĐ-CP dated April 6, 2016 of the Government on certain policies for non-commissioned officers and soldiers serving in the armed forces, discharged from service, and relatives of non-commissioned officers and soldiers serving in the armed forces;

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

The Minister of Public Security issues this Circular on the selection and implementation of policies for citizens performing their duty to participate in the People's Public Security Force.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the criteria, time, subjects, standards for selecting citizens to perform their duty to participate in the People's Public Security Force (hereinafter referred to as recruitment); professions for recruiting female citizens; allocation of responsibilities and coordination in recruitment; implementation of policies for citizens during the period of call-up for health examination and training, assignment of work, policies for non-commissioned officers and conscript soldiers during their service period and upon discharge.

Article 2. Applicability

1. Citizens registering to perform their duty to participate in the People's Public Security Force

2. Non-commissioned officers and conscript soldiers serving in the armed forces and discharged from service.

3. Units under the Ministry and provincial-level city public security organs (collectively referred to as public security units and localities); relevant agencies, units, and individuals involved in the recruitment and call-up of citizens to perform their duty to participate in the People's Public Security Force and the organization and implementation of policies for non-commissioned officers and conscript soldiers.

Chapter II

RECRUITMENT OF CITIZENS TO PERFORM
THE DUTY TO PARTICIPATE IN THE PEOPLE'S PUBLIC SECURITY FORCE

Article 3. Subjects and Standards for Recruitment

In addition to the provisions regarding subjects and standards for recruitment as stipulated in Articles 4 and 5 of Decree No. 70/2019/NĐ-CP dated August 23, 2019 of the Government on the implementation of the duty to participate in the People's Public Security Force (hereinafter referred to as Decree No. 70/2019/NĐ-CP), citizens recruited to perform their duty to participate in the People's Public Security Force must meet the age requirements and political standards as follows:

1. Age:

a) Citizens aged from 18 to 25 years old;

b) For citizens who have been trained at the college or university level and temporarily exempted from call-up for military service according to the Law on Military Service 2015, recruitment will be up to 27 years old.

2. Political Standards: The citizen themselves and their biological parents; parents-in-law or husband/wife’s parents; the person directly raising the citizen, their spouse, or husband/wife’s spouse; spouse; and full siblings of the citizen must meet the political standards set forth by the Minister of Public Security to be recruited into the People's Public Security Force.

Article 4. Professions Necessary for Recruiting Female Citizens to Perform Their Duty to Participate in the People's Public Security Force

1. Female citizens who have graduated from training at the intermediate level or higher in the specialized fields specified in Clause 2 of this Article and meet the standards stipulated in Article 3 of this Circular, if they voluntarily apply and the public security unit or locality has a need, may be considered and recruited to perform their duty to participate in the People's Public Security Force.

2. Professions necessary for recruiting female citizens to perform their duty to participate in the People's Public Security Force:

a) Medicine and pharmacy;

b) Education;

c) Physical education and sports.

3. Based on the actual needs of the public security units and localities, the Director of the Cadre and Organization Department shall propose to the Minister of Public Security for consideration and supplementation of other necessary professions and levels of training for recruiting female citizens to perform their duty to participate in the People's Public Security Force.

Article 5. Proposing recruitment quotas

1. For the Local Police:

a) After completing and drawing lessons from the recruitment work, the Provincial Police (referred to collectively as the Provincial Police) develop plans and direct the County Police, District Police, City Police under provinces and centrally-administered cities (collectively referred to as the County Police), Village Police, Ward Police, Town Police (collectively referred to as the Village Police) to review, grasp sources, and create annual recruitment sources;

b) Based on the results of the review, the County Police coordinate with the military authorities at the same level to firmly grasp the number of citizens within the age for conscription who have registered for military service and the number of female citizens willing to serve, ensuring the standards and conditions for selecting those participating in the People's Public Security, forecasting recruitment quotas for each village-level locality and compiling the situation, reporting the results to the Personnel Department of the Provincial Police before April 30 each year;

c) After consolidating the reports of the County Police, the Provincial Police proactively coordinate with units such as the Mobile Force Command, the Guard Command, the Investigation Security Bureau, the Office of the Criminal Investigation Police Department under the Ministry of Public Security, the Prison Management Police Bureau, compulsory education facilities, rehabilitation schools, Detention and Pre-Trial Detention Police Bureau, and the Execution of Criminal Sentences in the Community Bureau (collectively referred to as the receiving units under the Ministry) to unify the annual recruitment quotas for the receiving units under the Ministry, develop their own local recruitment plans, and submit written proposals for recruitment quotas to the Ministry (through the Personnel Bureau) before June 15 each year; the proposal content must clearly state the quantity, using units, recruitment areas (for recruitment for their own unit and subordinate units under the Ministry), selected professions (for female citizens);

2. For the receiving units under the Ministry: Based on the need for conscript soldiers, they proactively coordinate with the Local Police to grasp recruitment sources and exchange written communications, reaching consensus with the Provincial Police before May 15 each year regarding recruitment quotas for their own unit before proposing recruitment quotas (quantity and recruitment areas) to the Ministry (through the Personnel Bureau) before June 15 each year; the proposal content must clearly state the quantity, using units, recruitment areas (for recruitment for their own unit), selected professions (for female citizens);

3. Based on the reports of the police units and localities, the Personnel Bureau advises the Minister of Public Security to report to the Prime Minister for a decision on the number of citizens called upon to fulfill their duty to participate in the People's Public Security in each locality.

Article 6. Allocation of Recruitment Quotas

1. Based on the Prime Minister's decision, the Minister of Public Security decides on the allocation of recruitment quotas for each unit under the Ministry of Public Security (as stipulated for the use of non-commissioned officers and conscript soldiers) and the Provincial Police

2. Based on the recruitment quotas assigned by the Prime Minister and the Minister of Public Security, the Provincial Police present to the Chairman of the People's Committee of the province, centrally-administered city (collectively referred to as the Chairman of the People's Committee at the provincial level) for a decision on allocating recruitment quotas to each county-level area in accordance with actual circumstances.

3. Based on the recruitment quotas assigned by the Chairman of the People's Committee at the provincial level, the County Police advise the Chairman of the People's Committee of the county, district, city under a province, centrally-administered city (collectively referred to as the Chairman of the People's Committee at the county level) to allocate recruitment quotas to each village-level area in accordance with actual circumstances.

Article 7. Recruitment Organization

1. Provincial Public Security Force:

a) Advise the same-level Party Committee and People's Committee to direct the implementation of propaganda, dissemination, education to raise awareness and responsibility for implementing the Military Service Law, the People's Public Security Law, and related documents on the obligation to participate in the People's Public Security force among the people, especially male citizens of conscription age, and coordinate with military agencies, the same-level Military Service Council, and relevant sectors to organize the implementation of such directives;

b) Coordinate with military agencies to advise the same-level People's Committee Chairman to allocate recruitment quotas annually in accordance with the recruitment sources at each locality and direct the Military Service Council and relevant sectors to coordinate with the same-level Public Security agency in recruitment work;

c) Direct, guide, and inspect subordinate units and county-level Public Security agencies to implement recruitment in accordance with regulations, ensuring sufficient quotas and quality of recruits;

d) Organize a health recheck for all male citizens after receiving the Order to fulfill the obligation to join the People's Public Security force and make replacements before the handover date if necessary, ensuring the quota and standards as prescribed. In cases where political verification results or health assessments are pending, timely replacements must be made before the handover date if necessary;

The provincial Public Security health recheck board shall be established by the provincial Public Security Director and be responsible for concluding the health rechecks for all male citizens who have received Orders to fulfill the obligation to join the People's Public Security force; units receiving recruits under the Ministry shall send representatives to participate in the health recheck board;

đ) Distribute uniforms to new recruits before organizing the handover ceremony, ensuring uniformity and suitability for each force, weather conditions, climate, and region (including male citizens fulfilling the obligation to join the People's Public Security force in units under the Ministry); transfer recruits to training units ensuring absolute safety, without leaving them stationed long-term in localities;

e) Receive files transferred from county-level Public Security agencies; manage files of male citizens fulfilling the obligation to join the People's Public Security force in their own locality; transfer files of male citizens fulfilling the obligation to join the People's Public Security force in units receiving recruits under the Ministry to those units;

g) Advise the same-level People's Committee to develop policies for慰问、赠送礼物和鼓励被征召履行义务的公民；为来自偏远、贫困地区和少数民族地区的公民亲属提供交通费用支持，送他们参加交接仪式，并指导和检查执行情况；

h) Organize experience sharing, mid-term reviews, summaries, and report on the results of recruitment work according to regulations.

2. County-level Public Security Force:

a) Fulfill responsibilities as stipulated in points a, b, g, and h of Clause 1 of this Article;

b) Receive files of cases meeting initial screening requirements reported by township-level Public Security agencies, transfer them; implement the recruitment process as prescribed in Clause 2, Article 7 of Decree No. 70/2019/NĐ-CP;

c) Unify the planned recruitment personnel with the same-level military agency before issuing the Order to conduct health examinations. If there is disagreement, report to the County People's Committee Chairman for decision. Send representatives to cooperate with the health examination board to measure and number uniforms for candidates;

d) Complete the file procedures (including party member, youth league member files, and other related files) of citizens called up to fulfill obligations and fully transfer them to the Personnel Department of the provincial Public Security agency as prescribed.

3. Township-level Public Security Force:

a) Fulfill responsibilities as stipulated in point a of Clause 1 of this Article;

b) Implement the recruitment process as prescribed in Clause 1, Article 7 of Decree No. 70/2019/NĐ-CP;

c) Announce publicly to each village, hamlet, commune, township, district, neighborhood, community about the recruitment quota in the locality, conditions, standards, selection procedures, deadlines, and locations for receiving citizen registration files for recruitment;

d) Leverage the effectiveness of resident management within the jurisdiction, combining the application of the national population database system to grasp households, individuals, and areas; proactively select recruitment sources and unify specific personnel with the same-level military agency;

đ) Coordinate with departments, mass organizations, and families to firmly grasp political criteria, morals, and newly emerging issues, and manage citizens after receiving orders to fulfill the obligation to join the People's Public Security force, promptly informing and providing information to the county-level Public Security agency and receiving units for management;

e) Coordinate with the same-level military agency and departments, mass organizations to encourage, visit, and assist families with citizens preparing to join the military.

4. Responsibilities of units receiving recruits under the Ministry:

a) Upon receiving notification of recruitment quotas and areas, units receiving recruits under the Ministry shall issue recruitment plans and coordinate with local Public Security agencies to implement them;

b) Within five days of receiving the document allocating recruitment quotas, send representatives to the provincial Public Security agency to unify selection criteria, time for reviewing files, interviews, selecting candidates, unifying lists, methods of handing over and receiving recruits, and other related matters. File review, interviews, candidate selection, and list unification with the provincial Public Security agency must be completed ten days before the County Public Security Chief issues the Order to citizens to fulfill the obligation to join the People's Public Security force;

c) Maintain regular communication with the provincial Public Security agency to grasp the schedule and send representatives to participate in the provincial Public Security health recheck board; unify with the provincial Public Security agency regarding the composition, time, and results of health rechecks for citizens recruited by the provincial Public Security agency for units receiving recruits under the Ministry through written documentation and implement replacements before the handover date if necessary;

d) Assign subordinate units to proactively coordinate with functional units under the provincial police to dispatch officers directly to district-level and commune-level police stations to participate in the selection process from the grassroots level; support and coordinate with local police in the verification and background check work for citizens proposed for selection according to the request of local police (if any).

Article 8. Organization of Military Handover and Reception

1. District-level police shall coordinate with the military service agency at the same level to advise the People's Committee of the district on organizing the military handover and reception ceremony in accordance with regulations.

2. Provincial-level police shall receive citizens selected to fulfill their duty to join the National Police Force from the place of recruitment and transfer them to receiving units within the shortest time possible, not exceeding three days from the date of the local military handover and reception ceremony.

3. Units under the Ministry that receive recruits must ensure absolute safety in transferring new recruits to training units without keeping them in the locality for extended periods.

4. Information and Reporting System:

a) Within ten days from the date of receiving recruits, units shall establish a list of new soldiers and eligible family members for health insurance participation and report as prescribed.

b) Within five days from the date of the local military handover and reception ceremony, the Head of the district-level police shall be responsible for reporting the results of the recruitment period to the Personnel Department of the provincial-level police.

c) Within ten days from the date of the military handover and reception ceremony, local police and units under the Ministry that receive recruits must report the results of the recruitment period to the Ministry (through the Personnel Bureau).

Article 9. Training and Assignment of Duty for Conscripts

1. Police units and localities assigned the task of training new soldiers shall develop plans and organize the opening and closing ceremonies of the training course for new soldiers in accordance with regulations and directives from the Minister of Public Security.

2. After completing the training course for new soldiers, the head of the police unit or locality shall decide on the assignment of conscripts to perform duties at various units as prescribed. Units under the Ministry when assigning duties to conscripts at subordinate units shall simultaneously send the list of conscript assignments to the police units that recruited them for tracking and coordination when required.

3. In cases where conscripts have not completed the new soldier training course (not meeting the conditions to obtain a certificate of completion of the training program), the head of the police unit or locality receiving them shall arrange and assign appropriate tasks to conscripts and ensure compliance with regulations. Police units and localities shall review and coordinate with units tasked with new soldier training to organize supplementary training for incomplete content for conscripts who have not completed the training course (individual training or joint training with the next year's new soldier training course) to ensure compliance with regulations.

Article 10. Responsibilities of Relevant Units Under the Ministry of Public Security

1. The Legal Reform and Administrative Affairs Bureau shall take the lead, coordinating with relevant units and media both inside and outside the National Police Force to organize the dissemination, popularization, and education of laws regarding the fulfillment of the duty to join the National Police Force as stipulated by law.

2. The Personnel Bureau shall take the lead, coordinating with related units to guide and inspect the implementation of regulations concerning the duty to join the National Police Force by police units and localities; assess proposals from police units and localities to advise competent authorities to approve and allocate annual recruitment quotas for police units and localities; advise the leadership of the Ministry to issue plans for attending military handover and reception ceremonies at units and localities.

3. The Party Work and Political Affairs Bureau shall take the lead, coordinating with police units and localities to build annual recruitment propaganda content; guide police units and localities on propaganda methods; propose commendations for outstanding collectives and innovative practices in recruitment work.

4. The National Police Force Communication Bureau shall organize annual recruitment propaganda (before, during, and after the recruitment period).

5. The Planning and Finance Bureau shall take the lead, guiding police units and localities to prepare budgets, manage, use, and settle accounts for recruitment expenses; implement policies for citizens during the period of fulfilling the call-up for health examination by the Head of the district-level police; take the lead, coordinating with related units to inspect expenditure and settlement of accounts in accordance with the State Budget Law and detailed implementing regulations in the field of security and public order.

6. The Equipment and Logistics Bureau shall develop plans to ensure uniforms for recruitment work, distribute uniforms to citizens recruited by local police and units under the Ministry in full and on time as prescribed, and guide and inspect their implementation.

7. The Health Bureau shall take the lead in advising and proposing health standards, recruitment medical examinations, and coordinating to guide and inspect their implementation; guide preventive measures against infectious diseases in recruitment work, post-examination health checks, screening tests, HIV and drug detection, and vaccination for new soldiers.

Article 11. Discharge and Discipline

1. The handling of discharge and early discharge for non-commissioned officers and conscripts shall be carried out in accordance with Article 10 of Decree No. 70/2019/NĐ-CP, as follows:

a) In cases where they are not physically fit to continue serving:

Based on the application of non-commissioned officers and conscripts, the Commander, Director General, and equivalent positions at the provincial level shall request the Medical Examination Board at the same level or the Medical Examination Board of the Ministry of Public Security to examine and conclude.

Based on the conclusion of the Medical Examination Board, the Commander, Director General, and equivalent positions at the provincial level shall decide on the discharge of non-commissioned officers and conscripts within their authority.

b) For cases stipulated in points b and c of Clause 1, and points a, b, and c of Clause 2 of Article 41 of the Law on Military Service 2015:

Based on the application of non-commissioned officers and conscripts (confirmed by the People's Committee of the commune and the Public Security Office of the district), the Commander, Director General, and equivalent positions at the provincial level shall decide on the discharge of non-commissioned officers and conscripts within their authority.

2. After the discharge of non-commissioned officers and conscripts, units receiving recruits under the Ministry shall be responsible for providing the Provincial Public Security Office (where citizens are selected to fulfill their duty to join the Public Security Force) with lists of non-commissioned officers and conscripts who have been considered for transfer to a professional system, those admitted to public security schools, those deprived of the title of Public Security Officer, and those who have completed their duty to join the Public Security Force and returned to their place of origin.

3. The examination and disciplinary measures against non-commissioned officers and conscripts shall be implemented in accordance with Circular No. 38/2022/TT-BCA dated October 14, 2022, issued by the Minister of Public Security, regarding disciplinary measures in the Public Security Force.

Chapter III

REGIME AND POLICY

Article 12. Regime and Policy for Citizens During the Period of Health Examination According to the Call of the Head of the Public Security Office at the District Level

1. Regime and policy:

During the period of health examination, citizens participating in the selection to fulfill their duty to join the Public Security Force shall enjoy the regime and policies prescribed for citizens during the period of health examination and inspection for military service as stipulated in Article 12 of Decree No. 13/2016/NĐ-CP dated February 19, 2016, of the Government on procedures and formalities for registration and the regime and policies of citizens during the period of registration, health examination, and inspection for military service, specifically as follows:

a) Citizens working at state agencies and organizations funded from the state budget, state-owned enterprises during the period of health examination according to the call of the Head of the Public Security Office at the district level shall receive full salary, current allowances, and travel expenses according to the current regulations of the law.

b) Citizens not working at state agencies and organizations funded from the state budget, state-owned enterprises during the period of health examination according to the call of the Head of the Public Security Office at the district level shall be guaranteed the following regimes: meal allowance equal to the basic daily meal allowance of non-commissioned officers and conscripts. Travel expenses shall be paid according to the current regulations of the law.

2. Principle of enjoying the regime:

Time spent traveling and undergoing health examination for four hours or more in a day shall be counted as a full day; less than four hours shall be counted as half a day.

3. Responsibility for payment:

a) Citizens working at state agencies and organizations funded from the state budget, state-owned enterprises when undergoing health examination according to the call of the Head of the Public Security Office at the district level shall be paid by the agency, organization, or enterprise where the citizen works.

b) Citizens not working at state agencies and organizations funded from the state budget, state-owned enterprises when undergoing health examination according to the call of the Head of the Public Security Office at the district level shall be paid by the Public Security Office at the district level.

4. Source of budget guarantee:

a) The funds for implementing the regime and policy during the period of health examination for the subjects specified in point a of Clause 3 of this Article shall be guaranteed by the state budget according to the current state budget classification.

b) The funds for implementing the regime and policy during the period of health examination for the subjects specified in point b of Clause 3 of this Article shall be guaranteed by the state budget and allocated in the annual regular expenditure budget of the Public Security units and localities.

Article 13. Granting and Promoting Rank Levels

1. Granting rank level:

Citizens selected to fulfill their duty of joining the People's Public Security Forces shall be granted the rank level of Private Second Class from the day they hand over and receive military service; in cases where there is no centralized handover and reception, they shall be granted the rank level from the day the People's Public Security unit receives them.

2. Promoting rank level:

a) Promoting to Private First Class: Private Second Class who has held the rank level for at least six months;

b) Promoting to Corporal: Private First Class who has held the rank level for at least six months;

c) Promoting to Sergeant: Corporal who has held the rank level for at least twelve months;

d) Promoting to Senior Sergeant: Sergeant who has held the rank level for at least twelve months or during the time of active service, non-commissioned officers and conscripts have achieved outstanding results in national security protection, social order and safety assurance, crime prevention and suppression, and law violation combat, and have been awarded a Certificate of Merit from the Prime Minister or higher, and have held the rank level of Corporal for at least twelve months.

3. Non-commissioned officers and conscripts admitted to academies and schools of the People's Public Security Forces shall have their study period at school, including the training period at other schools outside the Public Security force (if any), counted towards the promotion period of rank levels. During the study period, they continue to enjoy the rank-level allowance and other benefits as if they were on active duty (excluding duty allowances, special allowances, benefits specified for working areas, and additional allowances stipulated in Article 17 of this Circular). After graduation, they will be assigned salaries and promoted rank levels according to the regulations of the Minister of Public Security.

4. Conditions for Promotion of Rank Levels: Non-commissioned officers and conscripts can be promoted to a higher rank level when meeting the following conditions:

a) Meeting political standards; completing assigned tasks; not violating discipline from reprimand and above;

b) Having served the required period for promotion to each rank level as prescribed in Clause 2 of this Article;

c) During the period holding the rank level, having no more than three months of sick leave (except in cases of injury during training or combat), not being suspended from work, or having complaints or reports requiring investigation.

5. Authority to grant, promote, demote, or revoke rank levels for non-commissioned officers and conscripts:

The head of the Public Security unit or locality shall decide on granting, promoting, demoting, or revoking rank levels for non-commissioned officers and conscripts based on the division of responsibilities among Public Security levels in personnel work as prescribed by the Ministry of Public Security and the period for promotion of rank levels as prescribed in Clause 2 of this Article.

6. Non-commissioned officers and conscripts who are disciplined or fail to complete assigned tasks or have more than three months of sick leave (except in cases of injury during training or combat) shall have their promotion period extended by the duration of each rank level they would have been promoted to. In cases where disciplinary action involves demotion in rank level, it shall be implemented according to the regulations of the Minister of Public Security on disciplinary measures within the Public Security Forces.

Allowance for rank level:

Non-commissioned officers and conscripts who are granted or promoted to a certain rank level shall receive the corresponding rank-level allowance as stipulated in Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on salary system for cadres, civil servants, public officials, and armed forces, specifically:

a) Rank level of Senior Sergeant: coefficient of 0.70;

b) Rank level of Sergeant: coefficient of 0.60;

c) Rank level of Corporal: coefficient of 0.50;

d) Rank level of Private First Class: coefficient of 0.45;

đ) Rank level of Private Second Class: coefficient of 0.40.

Article 14. Treatment and policies for non-professional warrant officers and soldiers during their service period and upon discharge

1. Non-professional warrant officers and soldiers during their service period and upon discharge shall enjoy the treatment and policies stipulated for warrant officers and soldiers serving in the People's Armed Forces as provided in Article 50 of the Law on Military Service 2015, Decree No. 27/2016/NĐ-CP dated April 6, 2016 of the Government prescribing certain treatment and policies for warrant officers and soldiers during service, upon discharge, and for the relatives of warrant officers and soldiers during service (hereinafter referred to as Decree No. 27/2016/NĐ-CP), Clause 2 of this Article, and Articles 15, 16, 17, and 18 of this Circular.

2. Non-professional warrant officers and soldiers upon discharge who have served in the People's Public Security Force for at least twelve months shall be entitled to state-supported vocational training policies as currently prescribed.

3. In cases where non-professional warrant officers and soldiers are disciplined with the revocation of their Public Security Officer title, they shall not be entitled to the treatment and policies for non-professional warrant officers and soldiers upon discharge as stipulated in Clause 2 of this Article and Article 18 of this Circular, except for social insurance benefits.

Article 15. Treatment and policies for non-professional warrant officers and soldiers who go to study, during the study period, if educational institutions decide to terminate their studies and return them to their original units to fulfill their duty to participate in the Public Security Force (pre-selection units)

1. In cases where non-professional warrant officers and soldiers who are fulfilling their duty to participate in the Public Security Force are admitted to educational institutions within the Public Security Force or outside the Public Security Force (sent for training by the Ministry of Public Security), during the study period, if educational institutions decide to terminate their studies and return them to the Public Security unit or local area where they originally fulfilled their duty to participate in the Public Security Force (pre-selection units). After receiving non-professional warrant officers and soldiers, the Public Security unit or local area shall implement procedures to resolve policies for non-professional warrant officers and soldiers with termination of study decisions from educational institutions as follows:

a) In cases where the time when non-professional warrant officers and soldiers are terminated from studies and returned to the Public Security unit or local area coincides with the remaining service period of other non-professional warrant officers and soldiers who entered military service at the same time (same class), they shall continue to fulfill their duty to participate in the Public Security Force until the end of their service period; upon discharge, they shall be entitled to the same treatment and policies as non-professional warrant officers and soldiers who did not attend educational institutions.

b) In cases where the time when non-professional warrant officers and soldiers are terminated from studies and returned to the Public Security unit or local area coincides with the completion of the service period and discharge of other non-professional warrant officers and soldiers who entered military service at the same time (same class), the Head of the Public Security unit or local area shall decide to discharge non-professional warrant officers and soldiers with termination of study decisions according to regulations; upon discharge, they shall be entitled to similar treatment and policies as non-professional warrant officers and soldiers of the same class upon discharge.

2. The period during which non-professional warrant officers and soldiers fulfill their duty to participate in the Public Security Force at the unit to implement treatment and policies shall be calculated from the date they begin fulfilling their duty to participate in the Public Security Force to the date they are admitted to educational institutions within and outside the Public Security Force, and the period during which non-professional warrant officers and soldiers continue to fulfill their duty to participate in the Public Security Force after being terminated from studies and returned to the Public Security unit or local area (if applicable), excluding the study period to implement treatment and policies (except for social insurance benefits).

Article 16. Payment in lieu of leave for days unable to be granted leave

Non-commissioned officers and conscripts who meet the conditions for annual leave as prescribed but are unable to take leave due to combat requirements, readiness for combat, or difficulties in travel conditions at certain locations, as stipulated in Clause 3, Article 3 of Decree No. 27/2016/NĐ-CP, shall be paid leave benefits as follows:

1. The amount of payment for each day of leave not taken shall be equivalent to the basic daily food allowance of non-commissioned officers and conscripts as prescribed at the time when leave is not taken; the maximum number of days that can be paid for each non-commissioned officer and conscript is ten days. Travel expenses such as train and bus fares and travel time shall not be paid.

2. Commanders at brigade level and above shall be responsible for reviewing and deciding on cases eligible for payment of leave benefits within their units.

3. Payment in lieu of leave shall not be provided for special leave cases as prescribed in Clause 4, Article 3 of Decree No. 27/2016/NĐ-CP.

Article 17. Additional Allowance

1. Non-commissioned officers and conscripts serving from the twenty-fifth month onwards shall receive an additional 250% of the current rank allowance.

2. Method of Enjoyment:

3. The additional allowance system does not apply to non-commissioned officers and conscripts awaiting transfer to a professional status; awaiting admission to school, taking entrance exams, and other similar cases.

Article 18. Discharge Allowance

1. Upon discharge, non-commissioned officers and conscripts shall receive a one-time social insurance benefit or have their social insurance contributions recorded and preserved according to the laws on social insurance, and a one-time discharge allowance. The one-time discharge allowance is calculated as follows: For each year (full twelve months) of service in the People's Public Security, they will receive a one-time allowance equal to two months' base salary as prescribed by the Government at the time of discharge.

Calculation of discharge allowance:

In cases where the period of service includes partial months, it is calculated as follows:

a) Less than one month, no discharge allowance is given;

b) From one month to six months, a discharge allowance of one month's base salary is given;

c) More than six months up to twelve months, a discharge allowance of two months' base salary is given.

2. Non-commissioned officers and conscripts upon discharge shall receive additional allowances as follows:

a) For service from the twenty-fifth month to less than thirty months, an additional allowance of one month's current rank allowance is given;

b) For service from thirty months and above, an additional allowance of two months' current rank allowance is given.

3. Non-commissioned officers and conscripts who complete their service obligations as prescribed upon discharge shall receive an employment creation allowance of six months' base salary as prescribed by the Government at the time of discharge.

4. Upon discharge, non-commissioned officers and conscripts shall be organized a farewell meeting by the directly managing unit with a budget of fifty thousand dong per person; they shall be escorted back to their place of residence according to regulations or provided with train and bus fare (ordinary class) and travel allowance from the unit to their place of residence.

5. Non-commissioned officers and conscripts discharged before the scheduled time shall also enjoy the benefits and policies prescribed in this article.

Article 19. Sources of budget to ensure the regime and policies for non-commissioned officers and conscript soldiers during their service period and upon discharge

Clause 1. The funds to implement the regime and policies for non-commissioned officers and conscript soldiers as stipulated in this Circular shall be guaranteed by the State budget and allocated in the annual regular budget plan of the Ministry of Public Security assigned to local public security units.

Clause 2. Annually, local public security units shall be responsible for preparing the budget estimate for implementing the regime and policies for non-commissioned officers and conscript soldiers and consolidating it into their unit's or locality's budget estimate, then reporting to the Ministry of Public Security (through the Department of Planning and Finance) for consolidation of the Ministry's budget expenditure plan to be submitted to the Ministry of Finance in accordance with the Law on State Budget and detailed regulations and guidance documents promulgated under the Law in the field of security and public order.

Chapter IV

IMPLEMENTATION

Article 20. Effective Date

Clause 1. This Circular shall take effect from December 30, 2023, and replace Circular No. 94/2020/TT-BCA dated September 1, 2020, issued by the Minister of Public Security regarding the selection and implementation of regimes and policies for citizens performing their duty to participate in the People's Public Security.

Clause 2. In cases where the legal normative documents cited for application in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replacing documents.

Clause 3. Attached to this Circular are annexes containing forms related to the work of selecting and implementing regimes and policies for non-commissioned officers and conscript soldiers.

Article 21. Responsibility for Implementation

Clause 1. The heads of local public security units shall be responsible for disseminating this Circular to officers and soldiers and organizing its implementation.

Clause 2. The Director of the Cadre Organization Department shall be responsible for urging, guiding, and inspecting the implementation of this Circular.

Any difficulties encountered during the implementation process shall be reported to the Ministry (through the Cadre Organization Department) for consolidation and reporting to the Minister for consideration and decision./.