Joint Circular No. 79/2004/TTLT-BNV-BLDTBXH-BTC guides the implementation of Decree No. 102/2004/NĐ-CP dated February 27, 2004 detailing certain provisions of the Confidential Service Ordinance regarding the system and policies for confidential service personnel retiring, transferring to another field, ceasing work, or transferring to other work within the organization.

MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS; MINISTRY OF HOME AFFAIRS; MINISTRY OF FINANCE ********	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ********
No.: 79/2004/TTLT-BNV-BLDTBXH-BTC	Hanoi, November 4, 2004

JOINT CIRCULAR

JOINT CIRCULAR NO. 79/2004/TTLT/BNV-BLDTBXH-BTC OF THE MINISTRIES OF HOME AFFAIRS, LABOR, INVALIDS AND SOCIAL AFFAIRS, AND FINANCE DATED NOVEMBER 4, 2004 GUIDING THE IMPLEMENTATION OF GOVERNMENT DECREE NO. 102/2004/NĐ-CP DATED FEBRUARY 27, 2004 PROVIDING DETAILS ON THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE ORGANIZATION SECURITY PERSONNEL ORDINANCE REGARDING REGIME AND POLICIES FOR ORGANIZATION SECURITY PERSONNEL RETIRING, TRANSFERRING TO ANOTHER FIELD, RESIGNING, OR TRANSFERRING TO OTHER WORK IN THE ORGANIZATION SECURITY PERSONNEL UNIT

Implementing Government Decree No. 102/2004/NĐ-CP dated February 27, 2004 providing detailed implementation of certain provisions of the Organization Security Personnel Ordinance regarding regime and policies for organization security personnel retiring, transferring to another field, resigning, or transferring to other work in the organization security personnel unit.

At the request of the Government's Organization Security Council, the Joint Circular of the Ministry of Home Affairs, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance guides the implementation as follows:

A. APPLICABLE OBJECTS:

Organization security personnel who are not military or police personnel currently receiving salaries according to the Military Salary Scale prescribed by the State when retiring, transferring to another field, resigning, or transferring to other work in the organization security personnel unit.

B. REGIMES AND POLICIES:

I. FOR ORGANIZATION SECURITY PERSONNEL RETIRING:

1. Retirement Conditions

1.1. An organization security personnel member who retires and receives monthly retirement benefits as stipulated in Clause 1, Article 4 of Government Decree No. 102/2004/NĐ-CP dated February 27, 2004 shall meet one of the following conditions:

a. Male aged 55; female aged 50 and having contributed to social insurance for at least 20 years.

b. Male aged 50, female aged 45 and having contributed to social insurance for at least 20 years, during which period there must be at least 15 years in one of the following situations:

- Engaged in heavy, hazardous, or dangerous work for 15 years;

- Working in areas with regional allowances of coefficient 0.7 or higher for 15 years;

- Working in Zone B battlefields from April 30, 1975, for 10 years;

- Working in Zones C, K battlefields or on international missions (excluding time spent studying or traveling under diplomatic arrangements).

1.2. An organization security personnel member who retires and receives monthly retirement benefits as stipulated in Clause 2, Article 4 of Government Decree No. 102/2004/NĐ-CP dated February 27, 2004 shall meet the following conditions:

a. Male with at least 25 years, female with at least 20 years of service in the organization security personnel unit, and must have contributed to social insurance for the number of years of service, including at least 5 years of seniority in the organization security personnel sector.

The period of service in the organization security personnel unit includes both periods of working in organization security personnel and other work within the organization security personnel unit. The period of service in the organization security personnel unit is calculated in years (without conversion according to coefficients), if there are intermittent periods, they are accumulated.

b. The organization security personnel unit no longer has a need to arrange work within the organization security personnel unit or cannot transfer to another field.

Example 1: Comrade Tran Van C, born in 1958, worked in the organization security personnel unit since August 1978, transferred to organization security personnel work in August 1995, in July 2004, the organization security personnel unit no longer had a need for his work and could not transfer him to another field, he had 26 years of service in the organization security personnel unit, including 9 years in organization security personnel work, Comrade C met the conditions to retire and receive monthly retirement benefits.

1.3. An organization security personnel member who retires and receives monthly retirement benefits at a lower rate than that specified in Point 1.1, Clause 1, Section 1, Part B, this Circular, shall meet one of the following conditions:

a. Male aged 50, female aged 45 and having contributed to social insurance for at least 20 years, suffering from a reduction in working capacity of 61% or more.

b. Having contributed to social insurance for at least 20 years, including at least 15 years engaged in particularly heavy, particularly hazardous work, suffering from a reduction in working capacity of 61% or more (irrespective of age).

c. Male aged 60, female aged 55 and having contributed to social insurance for at least 15 years but less than 20 years.

1.4. An organization security personnel member who retires (including those who have resigned for no more than one year) and has contributed to social insurance for at least 20 years but does not meet the conditions for receiving retirement benefits as stipulated in Point 1.1 or Paragraph a, b, Point 1.3, Clause 1, Section I, Part B, this Circular shall receive severance pay from the social insurance fund.

In case of voluntary non-receipt of the above severance pay, waiting until reaching the age to receive monthly retirement benefits (hereinafter referred to as retirement waiting) shall be implemented as follows:

a. An organization security personnel member with at least 20 years of work in normal conditions, male waits until reaching 55 years old, female waits until reaching 50 years old.

b. An organization security personnel member with at least 20 years of social insurance contributions, including at least 15 years engaged in heavy, hazardous, or dangerous work; or at least 15 years working in areas with regional allowances of coefficient 0.7 or higher; or at least 10 years in Zone B, C, K battlefields or on international missions, male waits until reaching 50 years old, female waits until reaching 45 years old.

During the retirement waiting period, they do not receive salary and social insurance benefits (including health insurance), manage their own social insurance records. During this period, if they find employment subject to mandatory social insurance, they continue to contribute to social insurance, accumulate the contribution period before and after the retirement waiting period to calculate social insurance benefits and enjoy social insurance benefits as stipulated in Government Decrees No. 12/CP dated January 26, 1995 and No. 01/2003/NĐ-CP dated January 9, 2003.

d. During the period of waiting for retirement, if they fall ill or suffer an accident resulting in a decline in health, the person waiting for retirement may submit an application to the provincial social insurance agency (referred to as the Provincial Social Insurance Agency) where their retirement benefit settlement file was registered for a medical examination; if their work capacity has decreased by 61% or more and meets the conditions specified in items a and b of point 1.3, Clause 1, Section I, Part B of this Circular, then they shall be granted a monthly pension with a lower pension amount as stipulated in the Social Insurance Regulations issued together with Decree No. 45/CP dated July 15, 1995 and Decree No. 89/2003/NĐ-CP dated August 5, 2003 of the Government; the time for receiving the pension shall be counted from the month following the month when the medical examination results are available.

e. During the period of waiting for retirement, if they cease participating in social insurance and die, they shall be entitled to the death benefit as prescribed in Section V of the Social Insurance Regulations issued together with Decree No. 45/CP dated July 15, 1995 of the Government; the establishment of the file for receiving the benefit and the payment of funeral expenses, one-time allowance, or monthly allowance shall be handled by the Provincial Social Insurance Agency where the personnel working in the confidential service registered their benefit settlement file.

2. Method of calculating the monthly pension amount

The method of calculating the monthly pension amount for personnel working in the confidential service shall be carried out according to the provisions of Article 25 of the Social Insurance Regulations issued together with Decree No. 45/CP dated July 15, 1995 and Clause 5, Article 1 of Decree No. 89/2003/NĐ-CP dated August 5, 2003 on amending and supplementing certain articles of the Social Insurance Regulations for officers, non-commissioned officers, and soldiers of the People's Army and the Public Security Force issued together with Decree No. 45/CP dated July 15, 1995 of the Government, specifically as follows:

2.1. Personnel working in the confidential service who are entitled to a monthly pension under points 1.1 and 1.2, Clause 1, Section I, Part B of this Circular. With at least 15 years of social insurance contributions, the monthly pension is calculated as 45% of the average monthly salary used as the basis for social insurance contributions; thereafter, for each additional year of contribution starting from the 16th year, an additional 3% is added for women and 2% for men. The maximum monthly pension rate is 75% of the average monthly salary used as the basis for social insurance contributions.

Example 2: Comrade Nguyen Van A has worked in the confidential service for 27 years and retired in September 2004. The calculation of the percentage of the monthly pension is as follows:

- 15 years: 45%

- From the 16th to the 27th year (12 years): 2% x 12 years = 24%

The percentage for calculating the monthly pension of Comrade A is: 45% + 24% = 69%

Example 3: Comrade Nguyen Thi B has worked in the confidential service for 25 years and retired in January 2005. The calculation of the percentage of the monthly pension is as follows:

- 15 years: 45%

- From the 16th to the 25th year (10 years): 3% x 10 years = 30%

The percentage for calculating the monthly pension of Comrade B is: 45% + 30% = 75%;

Example 4: Comrade Hoang Van K, aged 44, has contributed to social insurance for 26 years (26 years working in the confidential organization and 5 years of seniority in the confidential service). The percentage for calculating the monthly pension is as follows:

- 15 years: 45%

- From the 16th to the 26th year (11 years): 11 x 2% = 22%

- Total: 45% + 22% = 67%

2.2. Personnel working in the confidential service who are entitled to a monthly pension with a lower pension amount as stipulated in item a and item b of point 1.3, Clause 1, Section I, Part B of this Circular shall calculate the pension as provided in point 2.1, Clause 2, Section I, Part B of this Circular, but for each year of early retirement before the age specified in point 1.1, Clause 1, Section I, Part B of this Circular, there will be a reduction of 1% of the average monthly salary used as the basis for social insurance contributions.

Example 5: Comrade Nguyen Van B, aged 46, has contributed to social insurance for 26 years, has a reduced work capacity of 61%, and retired in June 2004. The calculation of the percentage of the monthly pension is as follows:

- 26 years of social insurance contributions calculated as 67%.

- The percentage reduction due to retiring before the age of 50 as stipulated above: (50 years - 46 years) x 1% = 4%

The percentage for calculating the monthly pension of Comrade B is: 67% - 4% = 63%

In cases where there is a period of working with wage employment and social insurance contributions or periods of work considered as social insurance contributions before the age of 16, the number of years worked before the age of 16 will be calculated at 2% for men and 3% for women of the average monthly salary used as the basis for social insurance contributions to be deducted from the total percentage of the average monthly salary that must be reduced due to early retirement, but the maximum deduction shall not exceed the percentage of the pension amount that must be reduced.

Example 6: Comrade Tran Van A joined revolutionary activities at the age of 14 due to a 61% loss of labor capacity and retired at the age of 44. Comrade A has contributed to social insurance for 30 years. The calculation of the monthly pension is as follows:

- The first 15 years are calculated as 45%.

- From the 16th to the 30th year (15 years) is calculated as an additional 30%.

- Total: 45% + 30% = 75%

Since Comrade A retired six years before the age of 50, the percentage of the average monthly salary that must be reduced due to early retirement is:

(50 years - 44 years) x 1% = 6%

However, Comrade A has two years of work before the age of 16, Comrade A is calculated as 4% of the average monthly salary to be deducted from the total percentage that must be reduced due to early retirement, which is 6%. Therefore, only 2% remains to be reduced due to early retirement.

The monthly pension of Comrade A is: 75% - 2% = 73%

2.3. For male personnel working in the confidential service aged 50 or older but under 55, and female personnel aged 45 or older but under 50, with at least 30 years of social insurance contributions, when they retire, they shall be entitled to a pension calculated as provided in point 2.1, Clause 2, Section I, Part B of this Circular, but for each year of early retirement before the age specified in item a, point 1.1, Clause 1, Section I, Part B of this Circular, there is no need to reduce 1% of the average monthly salary used as the basis for social insurance contributions.

Example 7: Comrade Tran Van A is 50 years and 5 months old and has contributed to social insurance for 30 years, retiring in October 2004. The calculation of the percentage of the monthly pension is as follows:

- 15 years of social insurance contributions calculated as 45%

- From the 16th to the 30th year (15 years): 2% x 15 years = 30%

The percentage for calculating the monthly pension of Comrade A is: 45% + 30% = 75%

3. Method of calculating the one-time allowance upon retirement:

In addition to the monthly pension, for males who have contributed to social insurance for over 30 years and females who have contributed for over 25 years, upon retirement, they will be additionally compensated once according to the following calculation method: For males from the 31st year onwards, and for females from the 26th year onwards, each year of social insurance contribution entitles them to receive half (1/2) of the average monthly salary used as the basis for social insurance contributions, but not exceeding a maximum of five months.

Example 8: Comrade Hoang Thi B has contributed to social insurance for 36 years and retired in October 2004. The one-time compensation upon retirement is calculated as follows:

- From the 26th to the 36th year (11 years): 0.5 month's salary x 11 years = 5.5 months' salary, but the maximum is only 5 months, therefore Comrade B is entitled to a one-time compensation of 5 months' average salary used as the basis for social insurance contributions.

4. The method for calculating the average monthly salary used as the basis for social insurance contributions to determine the monthly pension and one-time compensation upon retirement as stipulated in this Circular shall be based on the average of the monthly salaries used as the basis for social insurance contributions during the last five years before retirement. In cases where individuals engaged in confidential work have contributed to social insurance for at least 15 years at salary levels corresponding to heavy, hazardous, or dangerous jobs (as listed in the occupational classification issued by the Ministry of Labor, War Invalids and Social Affairs) and then switch to other jobs with lower salary levels, their pension calculation will be based on the highest average salary for the five consecutive years worked in heavy, hazardous, or dangerous jobs.

Example 9: Comrade Le Van A has participated in social insurance for 25 years and 3 months and worked in confidential services for 15 years and 6 months in heavy, hazardous jobs (code: 3), retiring in October 2004. Comrade A's highest average salary for the five consecutive years working in heavy, hazardous jobs is 1,050,000 VND, and the average salary for the last five years before retirement is 920,000 VND. Therefore, Comrade A will use the salary of 1,050,000 VND as the basis for calculating the pension.

5. When calculating the pension and one-time compensation upon retirement, if there are fractional months in the period of social insurance contributions, it shall be calculated as follows:

- From three full months to six months, it is counted as half (1/2) of a year.

- From seven months to less than twelve months, it is counted as one year.

II. REGARDING INDIVIDUALS ENGAGED IN CONFIDENTIAL WORK WHO TRANSFER TO OTHER JOBS

1. Individuals engaged in confidential work who transfer to work within the state administrative apparatus of state agencies, political organizations, or socio-political organizations receiving salaries from the state budget shall enjoy the following benefits.

1.1. Individuals engaged in confidential work who are exempted from examinations include:

- Individuals engaged in confidential work who were originally civil servants or public officials transferred back to state agencies or units where they previously worked before entering confidential service.

- Individuals engaged in confidential work who are transferred to new positions according to the requirements of the agency or unit and are assigned suitable jobs matching their specialized training.

Example 10: Comrade Pham Van K, with a coefficient of 3.5, graduated from a university majoring in Cryptography Engineering, currently works as a confidential employee at Agency B, and is now transferred to work as a network administrator at the Provincial Party Committee Office of Quang Nam Province. Comrade K is assigned a suitable job and is exempted from taking the examination.

1.2. Regarding salary grading:

- Individuals engaged in confidential work who are transferred to new positions shall be graded and receive salaries based on their new jobs starting from the date of the transfer decision. If the coefficient of the new salary level (including any salary increase after the transfer) is lower than the coefficient of the salary received at the time of transferring from confidential work, the difference between the coefficients shall be retained. The retention period is eighteen months from the date of the transfer decision.

Example 11: Comrade Nguyen Van K, with a coefficient of 4.15, was transferred to Agency B in April 2003 and was assigned a specialist position with a coefficient of 3.06.

The salary coefficient difference retained is: 4.15 - 3.06 = 1.09.

The minimum retention period ends in October 2004.

- During the salary retention period, if individuals engaged in confidential work who are transferred receive a salary increase resulting in a new coefficient equal to or higher than the coefficient at the time of transfer, they will cease to receive the retained salary coefficient difference.

1.3. Calculation of pension:

- Individuals engaged in confidential work who are transferred when retiring shall implement the social insurance regulations specified in Point 4, Article 6 of Decree 102/2004/NĐ-CP dated November 27, 2004, detailing the implementation of certain provisions of the Confidential Work Ordinance regarding the benefits and policies for individuals retiring, transferring, or leaving confidential work.

- Individuals engaged in confidential work with at least twenty years of experience, who are required to transfer to work in party, state, or mass organizations, and whose salary at retirement is lower than their salary while working in confidential work, shall use the average salary for the last five years before transferring out of confidential work as the basis for calculating the pension.

Example 12: Comrade Dang Van B has 22 years of experience in confidential work, transferred to the Department of Commerce in Province B since 1993, and retired in May 2004. If the average salary for the last five years before retirement is 1,550,000 VND/month, and the average salary for the last five years before transferring out of confidential work is 1,700,000 VND/month, then Comrade B will use the salary of 1,700,000 VND/month as the basis for calculating the pension.

1.4. Individuals engaged in confidential work who are transferred shall be provided with travel expenses (ordinary class) from the original unit to the new unit from the state budget according to the guidelines set forth in Circular No. 448/TTLT dated March 28, 1994, jointly issued by the Ministry of National Defense, Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance.

2. Individuals engaged in confidential work who transfer to work in other units without receiving salaries from the state budget shall enjoy the following benefits:

2.1. They shall be entitled to one-time severance pay and travel expenses from the original unit to the new unit as stipulated in Points 2, 3, and 4 of Section III, Part B, of this Circular.

2.2. If a person engaged in confidential work voluntarily chooses not to receive social insurance benefits from the social insurance fund, they shall retain their social insurance portion for the period of service before transferring to work at other units not funded by the state budget. The social insurance agency shall confirm this retention in the social insurance book before transferring out of the confidential organization and shall implement social insurance benefits according to the current regulations stipulated in Decree No. 12/CP dated January 26, 1995 of the Government.

III. REGIME AND POLICY FOR PERSONS ENGAGED IN CONFIDENTIAL WORK WHO HAVE STOPPED WORKING

1. Employment creation allowance:

- Persons engaged in confidential work who have stopped working shall be provided with an employment creation allowance equivalent to six months of the minimum wage for civil servants at the time of stopping work.

- Persons engaged in confidential work who have stopped working and wish to learn a trade or find employment shall be introduced by the management agency for persons engaged in confidential work to vocational training centers of ministries, sectors, mass organizations, and localities to receive vocational training or job placement.

- State and local job placement centers shall prioritize accepting persons engaged in confidential work who have stopped working for vocational training or job placement.

2. One-time severance pay.

After six months of leave without finding new employment or due to illness and having the desire to receive one-time severance pay from the social insurance fund, the Director of the Social Insurance Department of the province shall issue a decision to pay the one-time severance pay.

The calculation of one-time severance pay is as follows: for each year of service (without converting coefficients) is calculated as one month's salary (including the salary coefficient difference retained and any additional allowances if applicable) currently received at the time of leaving work:

The actual period of service to calculate the one-time severance pay regime is the total actual period of service in the confidential organization (including time spent in confidential work, initial training periods at confidential schools, staff performing other tasks within the confidential organization, time as a civil servant receiving salary from the state budget, and time under contracts with social insurance contributions) that has not been settled under the termination of employment regime.

In cases where there is a fractional month:

- Less than one month is not counted for severance pay.

- From one month up to less than six months is counted as half (l/2) a year;

- From six months up to less than twelve months is counted as one full year.

Example 13: Comrade Nguyen Cong E joined the confidential sector on March 1, 1989, stopped working on June 25, 2004, with a salary coefficient of 3.80 for confidential staff.

The calculation of one-time severance pay is as follows:

Comrade E's salary:

Salary based on coefficient: 290,000 VND x 3.80 = 1,102,000 VND

Seniority allowance: 1,102,000 VND x 15% = 165,300 VND

Total: 1,267,300 VND

Comrade E's actual period of service is fifteen years and three months, which is calculated as 15.5 months for severance pay calculation, specifically, one-time severance pay is: 1,267,300 VND x 15.5 months = 19,643,150 VND

3. Persons engaged in confidential work who have stopped working shall be provided with travel expenses from the unit to their place of residence (ordinary class) from the state budget (implemented according to the guidelines in Circular No. 448/TTLT dated March 28, 1994 of the Ministry of National Defense - Ministry of Labor, Invalids and Social Affairs - Ministry of Finance).

4. In addition to the above regimes, persons engaged in confidential work who have stopped working shall also receive social insurance benefits from the social insurance fund according to point a, Section 1, Article 1 of Decision No. 595/TTg dated December 15, 1993 of the Prime Minister and Circular No. 448/TTLT dated March 28, 1994 of the Ministry of National Defense - Ministry of Labor, Invalids and Social Affairs - Ministry of Finance.

Example 14: Comrade Nguyen Cong E in Example 13 above, in addition to the allowances stipulated in Clause 1, 2, and 3 of Section III, Part B of this Circular, shall also receive social insurance benefits paid by the social insurance fund as follows:

Salary based on coefficient: 290,000 VND x 3.80 = 1,102,000 VND

Seniority allowance: 1,102,000 VND x 15% = 165,300 VND

Total: 1,267,300 VND

The social insurance allowance is:

Fifteen years of service in the confidential organization:

1,267,300 VND x 1.5 x 15 years = 28,514,250 VND.

Three fractional months: 1,267,300 VND x 1 month = 1,267,300 VND.

Total: 29,781,550 VND.

5. Persons engaged in confidential work who have stopped working and return to the locality within one year from the date of the termination decision, if they find employment and request a transfer according to the provisions of Section II of Decree No. 102/2004/NĐ-CP dated February 27, 2004, then the head of the former unit shall revoke the termination decision and issue a transfer decision. When issuing the transfer decision, the former unit shall be responsible for recovering the one-time severance pay already paid to the subject specified in Clause 2, Section III, Part B of this Circular and returning it to the state budget.

In cases where persons engaged in confidential work who have stopped working find new employment and transfer industries or belong to the mandatory social insurance scheme within one year after stopping work, if they wish to continue the social insurance contribution period before stopping work, the former unit shall recover the social insurance benefit payments made to the subjects specified in Clause 4, Section III, Part B of this Circular and submit them to the social insurance fund and request the competent social insurance management agency to confirm in the social insurance book.

6. Persons engaged in confidential work who have stopped working (including those who have stopped working within one year), who have contributed to social insurance for twenty years or more but do not meet the conditions to enjoy retirement benefits as stipulated in Subpoint a, b, Point 1.1 or at Subpoint a, b, Point 1.3, Clause 1, Section I, Part B of this Circular, may choose one of the three methods stipulated in Subpoints a, b, c as follows:

a. Receive social insurance benefits from the social insurance fund as follows:

- For each year of service in the confidential organization, receive 1.5 months' salary (including the salary coefficient difference retained and any additional allowances if applicable);

- For each year of service outside the confidential organization, receive one month's salary (including the salary coefficient difference retained and any additional allowances if applicable).

b. If the individual wishes and has the approval of the competent authority, they can be granted the retirement waiting regime as stipulated in Point 1.4, Clause 1, Section I, Part B of this Circular.

c. Social insurance period retention: persons engaged in confidential work who voluntarily request to retain their social insurance period and do not receive one-time benefits from the social insurance fund shall be handled as follows:

When not yet eligible for retirement age and not having met the required social insurance contribution period as stipulated in Article a, b, Point 1.1, Clause 1, Section 1, Part B of this Circular, if there is a desire to not receive severance benefits from the social insurance fund at that time, they shall be issued a social insurance book and their social insurance contribution period shall be preserved for future contributions when conditions permit.

During the preservation period, if they do not continue to participate in social insurance, they will not be entitled to salary and social insurance benefits; if they continue working in a position subject to mandatory social insurance, they shall continue contributing to social insurance, and their social insurance participation period will be cumulatively counted for the purpose of calculating social insurance benefits; if they reach the retirement age or have not reached it but have a reduced work capacity of 61% or more and meet the conditions stipulated in Article a, b, Point 1.3, Clause 1, Section I, Part B of this Circular, they may implement social insurance benefits according to current regulations; if they die, they may implement the survivor's pension according to current regulations.

IV. CONVERSION OF SERVICE TIME FOR CALCULATING ONCE-OFF BENEFITS WHEN PERSONNEL IN KEY COMMUNICATIONS WORK STOP WORKING IN THE KEY COMMUNICATIONS ORGANIZATION

1. Conditions for conversion calculation:

a. Have fought or served in combat in the South Vietnam battlefield (B), Laos battlefield (C) before April 30, 1975, in Cambodia before August 31, 1989; fought or served in combat in the North during the anti-aircraft war from August 5, 1964 to January 27, 1973; on the southwestern border from May 1975 to December 1978; on the Sino-Vietnamese border from February 1979 to December 1988.

b. Worked in areas with special allowances of 100% or worked in special communications professions classified as particularly arduous, dangerous, and harmful labor according to the regulations of the Ministry of Labor, Invalids, and Social Affairs.

c. Worked in areas with regional allowances of 0.7 or higher or worked in special communications professions classified as arduous, dangerous, and harmful labor according to the regulations of the Ministry of Labor, Invalids, and Social Affairs.

2. Method of calculating converted service time:

a. The service time for conversion calculation under the above conditions in Point 1 is the service time in key communications organizations that has not been converted for once-off benefits.

b. Service time in areas previously without special allowances (100%) or regional allowances (0.7) but now defined as such, shall be considered converted service time.

Example 15: Comrade Le Dinh A worked in the Spratly Islands from April 1988 to March 1990, retired in June 2003, and since January 1994, the Spratly Islands have been granted a special allowance of 100%. Therefore, the two years of service in the Spratly Islands (1988-1990) of Comrade A can be converted for once-off benefits upon retirement.

c. Service time in areas previously granted special allowances of 100% or regional allowances of 0.7 or higher (meeting conversion conditions) but later reduced to below 100% special allowances or below 0.7 regional allowances (not meeting conversion conditions), the service time prior to the new regulation will be considered converted service time according to the previous regulation.

d. Time spent in jobs or positions currently defined as particularly arduous, dangerous, and harmful or arduous, dangerous, and harmful, shall be calculated according to the guidelines in Point 2, Section II of Circular No. 11/LDTTBXH-TT dated April 7, 1997, of the Ministry of Labor, Invalids, and Social Affairs, to determine additional converted service time.

3. Conversion rate:

a. For time spent fighting or directly serving in combat, each year is converted to one year and six months.

b. For time spent in areas with special allowances of 100% or in special communications professions classified as particularly arduous, dangerous, and harmful labor, each year is converted to one year and four months.

c. For time spent in areas with regional allowances of 0.7 or higher or in special communications professions classified as arduous, dangerous, and harmful labor, each year is converted to one year and two months. If a person meets two or three of the above conditions within the same period, the highest conversion rate applies. Discontinuous periods of service are accumulated for determination.

Example 16: Comrade Nguyen K retired in May 2001, with a salary coefficient of 5.9, 29 years of service in a key communications organization, including 3 years of combat in the South Vietnam battlefield (from May 1972 to April 1975). Afterward, he worked in an area with a regional allowance of 0.7 (Dak Na commune, Dak To district, Kon Tum province) for 6 years (from March 1985 to February 1991).

Comrade K's converted service time is calculated as follows:

- 3 years, each year increased by 6 months: 3 x 6 months = 18 months = 1 year and 6 months.

- 6 years, each year increased by 2 months: 6 x 2 months = 12 months = 1 year.

Comrade K's total additional converted service time is: 1 year and 6 months + 1 year = 2 years and 6 months.

4. Calculation of once-off benefits for additional converted service time:

Each year of additional converted service time is calculated as one month of current salary (including the difference in salary coefficients and any salary supplements, if applicable) at the time of leaving the key communications organization (excluding health insurance and social insurance).

If there are fractional months, then:

- From one month to less than six months is calculated as half a year (l/2);

- Six months or more is calculated as one full year.

Example 17: Comrade Nguyen K, as mentioned in Example 16, Comrade K's once-off benefit is calculated as follows:

Salary coefficient (5.9): 290,000 VND x 5.9 = 1,711,000 VND

Seniority allowance: 1,711,000 VND x 29% = 496,190 VND

Total: 2,107,190 VND

Additional converted service time of 2 years and 6 months is equivalent to 3 months of salary and allowances.

Comrade K's once-off benefit upon leaving the key communications organization is: 2,107,190 VND x 3 = 6,321,570 VND.

V. POLICY REGIME FOR PERSONNEL IN KEY COMMUNICATIONS WORK WHO TRANSFER TO OTHER POSITIONS WITHIN THE KEY COMMUNICATIONS ORGANIZATION

1. Regarding salary adjustment:

Personnel in key communications work who transfer to other positions within the key communications organization shall be assigned a new salary grade based on the new job assignment:

The salary coefficient assigned when transferring to a new job assignment shall be based on the profession, group of professions, and the current grade level held.

In the case where the salary coefficient is ranked lower than the salary coefficient at the time of reassignment, the difference in salary coefficients between the original salary grade and the new salary grade shall be retained until the salary is increased to the same level or higher than the original salary coefficient.

2. Regarding the one-time allowance for additional time due to conversion.

Personnel engaged in confidential work who transfer to other positions within a confidential organization shall enjoy the one-time allowance for additional time due to conversion as stipulated in Section IV, Part B of this Circular; if subsequently, due to organizational requirements, personnel engaged in other positions within a confidential organization revert to confidential work, then upon ceasing employment with the confidential organization, the converted time mentioned above shall not be recalculated.

3. Personnel engaged in confidential work who transfer to other positions within a confidential organization when retiring shall apply the method of calculating retirement pay as prescribed in Point 1.3, Clause 1, Section II, Part B of this Circular.

C. IMPLEMENTATION PROVISIONS

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

The provisions set forth in this Circular shall be implemented from the date the Government's Decree No. 102/2004/NĐ-CP dated February 27, 2004 comes into force.

2. Personnel engaged in confidential work who cease working in a confidential organization from the date the Government's Decree No. 102/2004/NĐ-CP dated February 27, 2004 comes into force until the date this Circular is issued, the Social Insurance Department of the province, the competent authority, or the organization using confidential personnel shall base on the file and the date of ceasing work in the confidential organization to calculate and pay the benefits according to the provisions of this Circular.

3. Personnel engaged in confidential work who have transferred to another profession or transferred to other positions within a confidential organization and retire after the Government's Decree No. 102/2004/NĐ-CP dated February 27, 2004 comes into force shall apply the method of calculating retirement pay as prescribed in Point 1.3, Clause 1, Section II, Part B of this Circular.

4. The annual social insurance premium for supplementary payment for the number of individuals who were confidential trainees from January 1, 1995 onwards and became salary earners participating in mandatory social insurance for all five benefits shall be 15% of the minimum wage per person per month.

Annually, based on the number of individuals who are confidential trainees becoming salary earners and the contribution rate mentioned above, the Government Confidential Service shall prepare a budget estimate for regular expenditure, and the Ministry of Finance shall ensure that the Government Confidential Service pays into the social insurance fund.

For individuals who were confidential trainees and became salary earners before 2004, the Government Confidential Service shall take the lead in coordinating with the Ministry of Finance and the Vietnam Social Security to review the number of individuals required to contribute to social insurance to ensure the Vietnam Social Security Fund.

5. Annually, based on the plan for ceasing work in a confidential organization for personnel engaged in confidential work, the competent authority using confidential personnel shall prepare a budget estimate for expenditures on job creation allowances, one-time separation allowances, travel expenses; only the difference due to retained salary, training costs; one-time allowance for additional time due to conversion shall be paid.

6. The procedures and documentation for applying for retirement benefits and one-time social insurance benefits for personnel engaged in confidential work as stipulated in this Circular shall be carried out in accordance with current regulations.

The procedures for applying for one-time separation allowances, job creation allowances, one-time allowance for additional time due to conversion, and transferring to other positions within a confidential organization shall be implemented in accordance with the guidelines of the Government Confidential Service and the Vietnam Social Security.

7. Personnel engaged in confidential work who are entitled to retirement pay as prescribed in this Circular shall not be eligible for the monthly allowance stipulated in Article 3 of Decision No. 812/TTg dated December 12, 1995 of the Prime Minister.

Any difficulties encountered during implementation should be reported to the relevant ministries for study and resolution.