Under what circumstances may a People's Public Security officer be discharged from the army and return to their locality in Vietnam? What benefits do demobilized People's Public Security officers receive in Vietnam? - Quang Vinh (Kien Giang)
What benefits do demobilized People's Public Security officers receive in Vietnam? (Internet image)
Regarding this issue, LawNet would like to answer as follows:
According to Clause 1, Article 5 of Decree 49/2019/ND-CP, officers and non-commissioned officers who stop serving in the People's Police may be discharged from the army and return to their localities in one of the following cases:
- Failing to meet the conditions for retirement as prescribed in Clause 1, Article 3 of Decree 49/2019/ND-CP and not changing industries;
- Satisfying retirement conditions as prescribed in Clause 1, Article 3 of Decree 49/2019/ND-CP and have a claim for Lump-sum social insurance benefits while living abroad or suffering 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.
- Discharged officers and non-commissioned officers of the People's Public Security shall enjoy the following regimes:
(1) Receiving social insurance and other benefits as prescribed by law;
(2) Lump-sum allowance: Each working year is calculated as one month's current salary;
(3) Lump-sum allowance for the additional period due to conversion specified in Clause 2, Article 8 of Decree 49/2019/ND-CP;
(4) Officers and non-commissioned officers specified at Point a, Clause 1, Article 5 of Decree 49/2019/ND-CP are entitled to a job creation allowance equal to 06 times the base salary according to the Government's regulations at the time of demobilization;
Priority is given to vocational training at vocational education institutions or job introduction at employment service centers of ministries, branches, mass organizations, localities, and other socio-economic organizations;
Priority is given to selection under cooperation programs to send workers abroad.
- Officers and non-commissioned officers who have been discharged from the army and returned to their localities within one year (12 months) from the effective date of the demobilization decision:
+ If finding a new job and requesting to change the industry to work on the payroll at state agencies, political organizations, and socio-political organizations with salaries from the state budget, they must return the received allowance according to the provisions of (1), (2) above;
+ If you switch to work at an enterprise or unit that does not receive a salary from the state budget or wishes to reserve the time for paying social insurance premiums, you must return the allowance received according to the provisions of (1) above.
(Clauses 2, 3 of Article 5 of Decree 49/2019/ND-CP)
- People's Public Security officers who are professors, associate professors, doctors, and senior experts may have their service age extended to teach and conduct scientific and technological research at higher education institutions and research institutes in the People's Public Security.
Officers of the People's Public Security Forces may have their service age extended when fully meeting the following conditions:
+ Units directly employing officers have a shortage of staff compared to the assigned;
+ Having health, quality, and professional capacity and voluntarily continuing to work as required.
- People's Public Security officers may have their service age extended one or more times, each time not exceeding 02 years (24 months). The total length of time is as follows:
+ No more than 10 years for professors;
+ Not more than 07 years for associate professors;
+ Not more than 05 years for doctorates, senior experts.
- During the extension of service age, officers entitled to have the service age extended have the right to request to retire from work to enjoy the retirement regime as prescribed by law.
(Clauses 1, 2, 3, and 4 of Article 14 of Decree 49/2019/ND-CP)
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