The People's Public Security Law 2014 officially took effect on July 01, 2015. One of the noteworthy provisions in this Law is the regulation on policies towards People's Public Security officers who retire, transfer branches, or are discharged. So what are the specific current legal regulations on this issue?
1. Regime and policies for People's Public Security Officers upon retirement
Pursuant to Clause 1, Article 39 of the Law on People's Public Security 2014 and Article 14 of Decree 103/2015/ND-CP, People's Public Security officers are eligible for retirement upon meeting one of the following conditions:
- Eligible for pension benefits as per current regulations of the law on social insurance;- Reaching the age limit for service as stipulated in Clause 1, Article 29 of the Law on People's Public Security and having paid social insurance for 20 years or more;- In cases where People's Public Security officers do not meet the retirement conditions stipulated in Points a and b, Clause 1, Article 14 of Decree 103/2015/ND-CP, and the People's Public Security force no longer has the need to assign or transfer them, or the officer voluntarily applies for retirement if male officers have served 25 years, and female officers have served 20 years or more in the People's Public Security.
People's Public Security officers, upon retirement to enjoy pension benefits, if they have been promoted to rank and salary grade for at least two-thirds of the duration, and during this salary period did not violate discipline and were rated from completion of duties or above, will be promoted by one salary grade.
The monthly pension calculation method for officers is implemented following the provisions of the Law on Social Insurance and guiding documents.
Officers retiring before the maximum age limit for service as stipulated in Clause 1, Article 29 of the Law on People's Public Security due to organizational and structural changes by a competent authority’s decision, besides receiving social insurance benefits as per current laws on social insurance, shall also be entitled to a one-time allowance including:
- A three-month salary allowance for each year of early retirement; the monthly salary for calculating the one-time allowance is the average monthly salary for social insurance contributions of the last 5 years (60 months) before the officer retires;- An allowance of five months’ salary for the first 20 years of service. From the 21st year onward, for each year of service, an allowance of 1/2 month's salary before retirement (rank salary, occupational grade, and allowances such as position, professional seniority, beyond-frame seniority or retained coefficient, if any).
Additionally, retired officers are entitled to several other policies:
- Allowed to use People's Public Security uniforms, insignia, badges, and marks during holidays, traditional meetings, and People’s Public Security events;- Supported by local authorities where they reside to stabilize their life; in case of no housing, they are entitled to social housing policies as per law;- Entitled to health insurance benefits as prescribed by law, and medical examination and treatment according to rank and position before retirement at medical facilities of the People's Public Security as per the Minister of Public Security's regulations.
2. Regime and policies for officers, non-commissioned officers of the Public Security transferred to other sectors
Based on the contents of Clause 2, Article 39 of the Law on People's Public Security, and Article 15 of Decree 103/2015/ND-CP, officers and non-commissioned officers transferred to work in state agencies, political organizations, and socio-political organizations with salaries from the state budget, state-owned companies are entitled to the following policies:
- Prioritized in job placements suitable with professional, technical, and operational specializations; trained and fostered in necessary professional skills suitable for the new job;- Exempted from recruitment exams if transferred to the former agency or transferred upon request by a competent state authority, arranged to work suitable to professional tasks;- Ranked and paid according to new job, position from the date of the transfer decision. If the salary coefficient of the new rank is lower than the officer’s, non-commissioned officer’s rank salary coefficient at the time of transfer, the current salary and seniority allowance at the time of transfer are retained for a minimum of 18 months from the transfer decision, and paid by the new agency. Retaining beyond 18 months is considered and decided by competent officials and public employees' management considering internal salary relations. During this period, the retained excess coefficient is reduced correspondingly when salary is raised or new higher ranks are awarded.- In cases of being recalled to serve in the People's Public Security by requirement, the transfer period counts towards continuous service time for rank promotion, service seniority considerations;- Officers and non-commissioned officers of People's Public Security, after transferring to state employees or staff, the pension calculation method is implemented according to current regulations of the law on social insurance.
Officers and non-commissioned officers transferred to work in enterprises, other units not receiving salaries from the state budget, are entitled to severance allowances in People's Public Security as per Clause 3, Article 16 of Decree 103/2015/ND-CP and cumulatively retain the paid social insurance period according to the law on social insurance.
3. Regime and policies for officers and non-commissioned officers in People's Public Security upon demobilization
Officers and non-commissioned officers who cease to serve in the People's Public Security without meeting retirement conditions or cannot be transferred, will demobilize and return to localities and enjoy the following policies:
- Entitled to job creation allowances as per State regulations; prioritized for vocational training or job introduction at job service centers of ministries, sectors, unions, localities, and other socio-economic organizations; given priority for selection in labor export cooperation programs;- Entitled to social insurance benefits and other policies as per law;- Granted a one-time demobilization allowance: For each year of service calculated as one month of current salary and allowances (if any) and a one-time allowance for additional time converted according to Clause 2, Article 19 of Decree 103/2015/ND-CP.
Monthly salary to calculate the one-time demobilization allowance includes: rank salary, occupational grade, and allowances such as position, professional seniority, beyond-frame seniority or retention coefficient (if any).
Service time to calculate the one-time demobilization allowance is the period of work, study, and service with social insurance but not yet received demobilization or resignation allowances as per law.
- Officers, non-commissioned officers returning to locality within 1 year (12 months) from the effective date of the demobilization decision, if finding new employment and requesting transfer, must reimburse received allowance policies as per Clauses 2 and 3, Article 16 of Decree 103/2015/ND-CP.
Officers and non-commissioned officers demobilized and returned to localities who received one-time social insurance benefits within 1 year (12 months), if they wish to re-contribute the received social insurance for retaining accumulated social insurance periods.
- If having 15 years of service in People's Public Security or more, upon illness, they are entitled to medical examination and treatment at People’s Public Security medical facilities as per the Minister of Public Security's regulations.
This content is guided in Article 16 of Decree 103/2015/ND-CP.
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