What are the regulations on the seniority allowance for public security workers in Vietnam? - Minh Hung (HCMC)
Seniority allowance for public security workers in Vietnam (Internet image)
Regarding this issue, LawNet responded as follows:
The seniority allowance for public security workers, according to Article 10 of Decree 49/2019/ND-CP, is as follows:
- Level of allowance:
+ Public security workers who have served in the People's Police for a full 5 years (60 months) are entitled to a seniority allowance equal to 5% of their current salary plus allowances for leadership positions and allowances for excess seniority. (if any); from the sixth year onwards, each year (12 months) is charged an additional 1%.
+ The seniority allowance is calculated and paid in the same monthly salary period and is used to calculate and enjoy social insurance, health insurance, unemployment insurance, and insurance for occupational accidents and diseases.
- Time for calculating the allowance:
+ Time served in the People's Police;
+ The period of enjoying seniority allowance in other industries and professions is accumulated with the time specified at point a, clause 2, Article 10 of Decree 49/2019/ND-CP to calculate the seniority allowance.
- Time without allowance:
+ The period of personal leave without salary continuously for 01 month or more;
+ The period of sick and maternity leave exceeds the time limit prescribed by the law on social insurance;
+ Time of being temporarily suspended from work or being held in custody or temporary detention, then being disciplined and forced to quit.
Forms and conditions for discontinuing the service of public security workers according to Article 12 of Decree 49/2019/ND-CP are as follows:
- Public security workers may retire in one of the following cases:
+ Being eligible for retirement benefits as prescribed by the law on social insurance;
+ Men from full 55 years old to under 60 years old, women from full 50 years old to under 55 years old, and who have paid social insurance premiums for full 20 years or more without falling into the cases specified at Point a, Clause 1, Article 12 of Decree 49/2019/ND-CP, but due to the change of staffing organization, the People's Police no longer needs to arrange for use;
+ Full 50 years of age for men, full 45 years for women, and full 20 years of paying social insurance premiums or more, of which 15 years are public security workers.
- Public security workers change branches when approved by competent authorities and receiving agencies and organizations.
- A police officer resigns in one of the following cases:
+ The service age has not expired as prescribed in Articles 11 and 12 of Decree 49/2019/ND-CP, but the person wishes to stop serving in the People's Police and is approved by a competent authority;
+ Due to the change in staffing organization, the People's Police no longer needs to arrange for use and does not fall into the cases specified at Point b, Clause 1 and Clause 2, Article 12 of Decree 49/2019/ND-CP;
+ Public security workers who do not fall into the cases specified in Clause 1, Article 12 of Decree 49/2019/ND-CP and who have moral qualities that do not meet the requirements of the task, do not fulfill their responsibilities and duties for 2 consecutive years, or do not meet the health standards;
+ Eligible for retirement according to Clause 1, Article 12 of Decree 49/2019/ND-CP, but have a claim to enjoy one-time social insurance to move abroad to settle down or suffer from one of the life-threatening diseases such as: cancer, polio, cirrhosis, ascites, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS, and other diseases as prescribed by the Ministry of Health.
Retirement age of public security workers according to Article 11 of Decree 49/2019/ND-CP is as follows:
- Male: 60 years old.
- Female: 55 years old.
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