Conditions for termination of service for police workers in Vietnam

Conditions for termination of service for police workers in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for termination of service for police workers in Vietnam

According to Article 12 of Decree 49/2019/ND-CP (amended in Decree 57/2023/ND-CP), the forms and conditions for termination of service for police workers are as follows:

- Police workers can retire when they fall into one of the following cases:

+ Eligible to enjoy retirement benefits according to the provisions of the law on social insurance;

+ Men aged full 55 years to under 62 years old, women aged full 50 years to under 60 years old, and who have paid social insurance premiums for full 20 years or more without falling into the case specified at Point a, Clause 1, but due to changes in staff organization, the People's Public Security no longer needs to arrange for use;

+ Men must be 50 years old, women must be 45 years old, and have paid social insurance for 20 years or more, including 15 years as a police worker.

- Police workers change branches when approved by competent authorities and received by the destination agency or organization.

- Police workers quit their jobs when they fall into one of the following cases:

+ The service age has not yet expired as prescribed in Article 11 of Decree 49/2019/ND-CP, but the person wishes to stop serving in the People's Police and is approved by competent authorities;

+ Due to the change in staff organization, the People's Police no longer needs to arrange for use and does not fall into the cases specified in Point b, Clause 1 and Clause 2, Article 12 of Decree 49/2019/ND-CP;

+ Police workers do not fall into the cases specified in Clause 1, Article 12 of Decree 49/2019/ND-CP whose moral qualities do not meet task requirements, do not fulfill responsibilities and tasks for 2 consecutive years, or do not meet health standards;

+ Eligible for retirement under Clause 1, Article 12 of Decree 49/2019/ND-CP and have a claim for one-time social insurance benefits to go abroad to settle down or is suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis of the liver, ascites, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS, and other diseases according to regulations of the Ministry of Health.

2. Regimes and policies for police workers who stop serving in the People's Police in Vietnam

Pursuant to Article 13 of Decree 49/2019/ND-CP, regimes and policies for police workers who stopped serving in the People's Police or sacrificed and died are as follows:

- Regimes and policies for retired police workers

+ Police workers in the cases specified in Points a and c, Clause 1, Article 12 of Decree 49/2019/ND-CP are entitled to social insurance according to the provisions of law;

+ When retiring, police workers in the cases specified in Point b, Clause 1, Article 12 of Decree 49/2019/ND-CP will not have their pension rate deducted due to premature retirement; they will enjoy social insurance according to the provisions of the law and the one-time subsidy prescribed in Clause 4, Article 3 of Decree 49/2019/ND-CP.

- Regimes and policies for police workers quitting their jobs

+ Enjoy social insurance and other benefits according to the provisions of the law;

+ Receive a one-time subsidy as prescribed in Point b, Clause 2, Article 5 of Decree 49/2019/ND-CP.

- Regimes and policies for police workers changing professions

+ Police workers who change professions to work at state agencies, political organizations, and socio-political organizations receive salaries from the state budget when they retire and enjoy social insurance according to regulations of the Law. In case, due to mission requirements, you are transferred back to serve in the People's Public Security, the time for changing branches will be counted as continuous working time to consider salary increase and seniority;

+ Police workers who transfer to work at enterprises and units do not receive salaries from the state budget and are entitled to a one-time subsidy according to the provisions of Point b, Clause 2, Article 5 of Decree 49/2019/ND-CP and reserve the time for paying social insurance and unemployment insurance according to the provisions of law.

- Regimes and policies for relatives of fallen or deceased police workers

+ Relatives of fallen police workers are entitled to benefits according to the law on incentives for people with meritorious services to the revolution and social insurance according to the provisions of the law and receive a one-time subsidy as prescribed in Point b, Clause 2, Article 5 of Decree 49/2019/ND-CP;

+ Relatives of deceased police workers are entitled to social insurance according to the provisions of the law and one-time benefits as prescribed in Point b, Clause 2, Article 5 of Decree 49/2019/ND-CP;

+ Relatives of police workers specified in Points a and b, Clause 4, Article 13 of Decree 49/2019/ND-CP, include the cases specified in Clause 3, Article 7 of Decree 49/2019/ND-CP.

- Public security workers who have time to directly fight, serve in combat, or work in difficult areas or occupations of particular nature when they stop serving in the People's Public Security or die or die are entitled to the regimes and policies prescribed in Clause 2, Article 8 of Decree 49/2019/ND-CP.

Ho Quoc Tuan

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