07:48 | 23/07/2024

Decree 57/2023/ND-CP amending regulations on the conditions for police officers to retire and consideration of early promotion to general ranks.

Decree 57/2023/ND-CP amending regulations on the conditions for police officers to retire and for early promotion to the rank of general - how does it change? Question from T.Q in Hue.

Decree 57/2023/ND-CP supplementing regulations on the promotion of military ranks and maximum age limits for active service of People's Public Security officers

Recently, the Government of Vietnam issued Decree 57/2023/ND-CP amending and supplementing several articles of Decree 49/2019/ND-CP dated June 6, 2019 by the Government of Vietnam detailing and implementing certain provisions of the Law on People's Public Security.

Decree 57/2023/ND-CP supplements the following regulations:

- Supplementing regulations on the promotion of general military ranks ahead of time.- Supplementing regulations on the highest age limit for active service of female Public Security officers with the rank of Senior Lieutenant Colonel, Colonel; male Public Security officers with the rank of Colonel, general; police workers.- Amending and supplementing regulations on the forms and conditions for terminating the service of police workers.- Amending regulations on the conditions, time, authority, order, and procedures for extending the service age limit of People's Public Security officers who are professors, associate professors, doctors, senior experts.- Abolishing the service age limit regulations for police workers in Article 11 of Decree 49/2019/ND-CP.

Decree 57/2023/ND-CP amends regulations on conditions for police workers to retire and promotion of general military ranks ahead of time

Decree 57/2023/ND-CP amends regulations on conditions for police workers to retire and promotion of general military ranks ahead of time (Image from Internet)

How are the regulations on the promotion of general military ranks ahead of time supplemented?

Clause 1 Article 1 of Decree 57/2023/ND-CP supplements Article 2a after Article 2 of Decree 49/2019/ND-CP providing the content on early promotion of general military ranks as follows:

Criteria and standards for achieving exceptionally outstanding achievements in protecting national security, ensuring social order and safety, combating crime and law violations, building the People's Public Security, scientific research, work, and study to consider the early promotion of general military ranks according to Clause 1 Article 23 of the Law on People's Public Security are specified as follows:

(1) People's Public Security officers may be considered for early promotion of general military ranks if they achieve exceptionally outstanding accomplishments in protecting national security, ensuring social order and safety, combating crime and law violations, building the People's Public Security, scientific research, work, and study, recognized by being awarded one of the following decorations or State honorary titles (excluding honorary forms according to seniority and contributory achievements):

- Decoration forms: Order of Gold Star; Ho Chi Minh Order; Order of Independence First Class, Second Class, Third Class; Order of Military Merit First Class, Second Class, Third Class; Order of Labor First Class, Second Class, Third Class; Order for National Defense First Class, Second Class, Third Class; Order of Victory First Class, Second Class, Third Class;- State honorary titles: Hero of the People's Armed Forces; Hero of Labor.

(2) During the time of holding a position, an officer may only be considered for early promotion of military rank once, and the awarding period for decorations and exceptionally outstanding achievements must fall within the tenure of the current military rank.

(3) The period for early promotion of general military ranks is not more than 12 months and depends on the competent authority or organization, which considers specific cases based on the level of achievement and the scope of impact of the award to decide the appropriate time for early promotion.

Amendments to regulations on conditions for police workers to retire?

Previously, Clause 1 Article 12 of Decree 49/2019/ND-CP provides:

Forms and conditions for terminating the service of police workers

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

a) Having conditions to enjoy pension benefits as per the laws on social insurance;

b) Males aged 55 to under 60, females aged 50 to under 55, and have contributed to social insurance for 20 years or more but not falling into the case specified at point a of this clause, but due to organizational restructuring, the People's Public Security no longer needs to arrange employment;

c) Males aged 50, females aged 45, and have contributed to social insurance for 20 years or more, of which 15 years are as police workers.

However, Decree 57/2023/ND-CP has amended point b clause 1 Article 12 of Decree 49/2019/ND-CP as follows:

b) Males aged 55 to under 62, females aged 50 to under 60, and have contributed to social insurance for 20 years or more but not falling into the case specified at point a of this clause, but due to organizational restructuring, the People's Public Security no longer needs to arrange employment;

Thus, from August 15, 2023, police workers may retire if they fall into one of the following cases:

- Having conditions to enjoy pension benefits as per the laws on social insurance;- Males aged 55 to under 62, females aged 50 to under 60, and have contributed to social insurance for 20 years or more but not falling into the case specified at point a of this clause, but due to organizational restructuring, the People's Public Security no longer needs to arrange employment;- Males aged 50, females aged 45, and have contributed to social insurance for 20 years or more, of which 15 years are as police workers.

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