The Decree 103/2015/nd-Cp: Detailed Provisions And Measures For The Implementation Of Some Articles Of The Law On The People's Police

Original Language Title: Nghị định 103/2015/NĐ-CP: Quy định chi tiết và biện pháp thi hành một số điều của Luật Công an nhân dân

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THE GOVERNMENT.
Number: 103 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 20, 2015

DECREE

Regulation of detail and measure of some of the

L Oh, - You're safe. n

________________

Government Law Base December 25, 200 1 ()

The People ' s Public Security Council May 27. 11 20 1 4;

At the suggestion of the Minister of Public Security,

Government The board of the United States issued a plan to rule out the details and the measure of the procedure. Stain. Go. Okay. The law of the Civil Security Act.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The decree rules and measures some of the provisions of the People's Public Security Act: the elector of citizens to the Public Security; the office, the title equivalent to the office of General Secretary, Commander in Public Security; the service age of the officer. Civil rights; the regime, the policy for the officer, the corporal, the retired People's Public Security officer, transferred the industry, and served in the People's Public Security.

What? 2. Subject applies

1. Public Security of Units, Local; Officer, corporal officer, soldier of the People ' s Public Security.

2. Agency, organization, Vietnamese citizens and organizations, foreign individuals residing, operating on the territory of the Socialist Republic of Vietnam must implement the regulation of this decree and other relevant regulations of the law. In the case of international treaties that the Socialist Republic of Vietnam is another regulated member, it applies that international treaty.

Chapter II

SELECT CITIZENS TO THE CITIZENS ' S PUBLIC.

What? 3. The goal, the principle of recruiting citizens to the People ' s Public Security

1. Recruit citizens to the People's Public Security to supplement the qualified cadres, the required qualifications for the work, the fight of the People's Security during the period.

2. Draft citizens to the Public Security must secure the following principles:

a) The democratic focus, the responsibility of the chief of the unit of Public Security, local;

b) Public, transparency, justice and the right law;

c) The right subject, standard, condition, sequence, procedure is issued with regulatory authority;

d) The selection of persons with technical expertise, a good career in accordance with the public works; selection supplematuation for the direct force of combat.

3. Every year, the base requires protection of national security and guarantees of order, social security, anti-crime, anti-crime, Minister of Public Security, in coordination with the Minister of Internal Affairs of the Prime Minister of the Government to approve the total payroll of the People's Public Security. Based on the approved payroll, the Minister of Public Security decided to allocate its commission to the Public Security of Units, localities and bases in order to approve the selection of citizens in the People's Public Security.

What? 4. Standards, conditions of recruiting citizens to the People ' s Public Security

1. Select selection criteria:

a) A citizen of the Socialist Republic of Vietnam;

b) The standard of political standards of cadres, soldiers of the People's Security; with moral qualities, good health; voluntary service in the Public Security by professional or recruitment regime;

c) There is a degree of technical expertise, a career, a talent that matches the work of the public.

2. Draft conditions:

a) The citizens of the people have the need;

b) Make sure that the criteria are specified at 1 Article.

3. The Minister of Public Security rules out the details of this.

What? 5. Priority selection of students, students in People ' s Public Security

1. People ' s Public Security is priorititiated students, graduates of graduate students in higher education institutions and vocational education institutions that are eligible for training, suppleming the People's Public Security.

2. The Minister of Public Security, in collaboration with the Minister of Ministers: Education and Training, Home Affairs, Finance, Labor-Trade and Social Regulation specifically on the policy of attraction, the procedure to recruit students, outstanding student graduates to the Public Security Council. I'm The training facilities outside the People's Public Security are in charge of coordination, facilitalation of the Ministry of Public Security, which selects students from the need.

3. The selection of students trained in the schools of the People 's Army has the degree of expertise in accordance with the People' s Public Security led by the Minister of Public Security and Minister of Defense.

What? 6. Draft selection, training citizens in the mountains, highlands, deep regions, remote regions, borders, islands into the People ' s Public Security

1. To meet the need to protect national security and to ensure order, social security, anti-crime, anti-crime in strategic sites, every year, the Ministry of Public Security is priorititiated electable ethnic minority citizens or other citizens with time. Ten years of continuous life in the mountains, the highlands, the depths, the remote areas, the borders, the islands have a specialized level of expertise in the People's Public Security.

2. The Minister of Public Security specifically regulates the standard, selection, training, fostering, deployment of use; presiding, coordination with the Minister of Ministers: Home Affairs, Financial Regulatory and implementation of the regime, policy on the subject of regulation at paragraph 1 Article Hey.

What? 7. Select a candidate, corporal officer and student Public Security officer training at training facilities outside of the People ' s Public Security.

1. Every year, the Ministry of Public Security is selected as an officer, corporal officer and cadet in the academy, head of the People's Public Security to the training facilities outside of the People's Public Security Training facilities in the country and abroad for the training of industries, in line with the task of public affairs.

2. Minister of Public Security, in coordination with the Minister of Ministers: Education and Training, Defense, Internal Affairs, Finance Regulatory details Clause 1 This.

Chapter III

THE POST, THE TITLE EQUIVALENT OF THE GENERAL SECRETARY, COMMANDER IN THE PUBLIC SAFETY.

What? 8. The purpose, the criteria for determining the office, the title equivalent

1. The appointment of the office, the title equivalent of the office of General Secretary, Commander in Public Security as a base for construction, implementation of planning, training, fostering, deployment, use, operation, appointment, appointment, dismissal and execution of the regime, policy of opposition with the Civil Security officer.

2. The position, the title identified as the equivalent of the General Secretary, the Commander must secure the following criteria:

a) the same level with the authority to appoint;

b) There is the same standard of office, the title of General Secretary, Commander.

What? 9. The post, the title equivalent to the office of General Secretary, Commander

1. The Main Police Command.

2. The addition of the post, the title equivalent to the office of the General Secretary, the Commando issued by the Prime Minister.

Chapter IV

THE SERVICE AGE OF THE PUBLIC SAFETY OFFICER

What? 10. The highest service age of the Civil Security officer

The highest serving age of the officer of the People's Public Security degree according to the rank of implementation according to the provisions of Article 29 of the People's Public Security Law, namely:

1. First Class: South 53, female 53;

2. Major, Lieutenant Colonel: South 55, female 53;

3. Colonel: South 58, female 55;

4. Colonel: South 60, female 55;

5. General: South 60, female 55.

What? 11. Conditions, the long-term extension of the service of the Public Security officer is a professor, associate professor, Ph.D., senior expert, female senior officer and senior officer.

1. People ' s Public Security Officer is a professor, associate professor, Ph.D., senior expert who can be extended to the age of service when there are enough following the following conditions:

a) The direct unit using the officer or other unit in the Public Security is actually in need;

b) The officer with health, qualities, professional expertise and voluntary work continues to work at the request.

2. People 's Public Security Officer is a professor, associate professor, Ph.D., senior specialist who can be extended to age in service to teach, study science, technology at the institution of higher education, institute of research in the People' s Public Security. The specified duration is as follows:

a) No more than 10 years for the professor;

b) No more than seven years for associate professor;

c) No more than five years for the PhD, senior expert.

3. The officer of the People ' s Public Security officer with a rank of prime minister is extended to serve, performing a prescribed retirement at the Digital Protocol. 53 /2015/ND-CP May 29, 2015, the Government is planning to retire at a higher age for the cadres, civil officials.

4. During the period of the service age, the long-term extension of the service has the right to offer a break from work to enjoy the prescribed retirement.

In particular, the extension of the service age is higher than the regulation at Clause 2 and Section 3 This is decided by the President of the country.

5. Presentation of a long-term extension of the service of the Civil Security officer led by the Minister of Public Security.

What? 12. Mode, policy towards the long-term extended officer serving time.

1. During the long-term extension of the service, the People ' s Public Security officer stopped serving as leader of the command (except for the female officer who had the rank of prime minister rank that was extended under the regulation at the Digital Protocol). 53 /2015/ND-CP May 29, 2015 The government rules on retirement at a higher age for cadres, civil officials).

2. The long-term extension officer serves on the salary and other regimes according to the current regulation.

What? 13. The authority decides to extend the age of service to the civil security officer.

1. The long-term extension of the service of the Civil Security officer has a rank of rank from Major General, the post from the General Secretary-General to be granted by the Minister of Public Security under the devolve of decision management.

2. The long-term extension of the service of the Civil Security officer has a rank of rank from the Colonel, the post from the Vice-General to be returned by the Minister of Public Security.

3. The special case, the long-term stretching of the service of the Civil Security officer led by the Minister of Public Security review, decided.

Chapter V.

THE REGIME, THE POLICY FOR THE OFFICER, THE CORPORAL, THE RETIRED CITIZEN SECURITY OFFICER, TRANSFERRED THE INDUSTRY, STOPPED SERVING IN CIVILIAN SECURITY.

What? 14. The regime, policy for the retired People ' s Public Security officer

1. People ' s Public Security Officer is retired when enough one of the following conditions:

a) Enough to enjoy the pension regime under the current regulation of the law on social insurance;

b) expiration of the age of service under the provisions of Article 1 Article 29 of the People's Public Security Law and with enough 20 years of social security.

c) The case of a Civil Security officer who is not eligible for retirement under regulation at Point A, this Article 1 This is that the People's Public Security is no longer in need of deployment or not transferring the industry or voluntary officer if the male officer is eligible for 25 years, the female officer 20 years of service in the People's Security.

2. People ' s Public Security Officer while taking a break from the pension regime, if promoted to the rank of rank, raise the salaries of two-thirds of the time or upward, during the rank of rank rank, the rank of not violating discipline, is evaluated from the completion level. I mean, it's a paycheck.

3. The officer ' s monthly pension is made in accordance with the provisions of the Social Insurance Law and the implementation manual text.

4. The retired officer before the age of serving the highest service stipulated at a Article 29 of the People's Public Security Act due to organizational change, the statutory margin of authority, in addition to the social insurance regime under the rule of law. The society is also entitled to the first grant:

a) To be subsidied 03 months of wages per year of pre-age retirement; monthly wages to enjoy a once-granted allowance regime be calculated by the average monthly salary of the monthly social insurance of 05 years (60 months) last year before the Civil Security officer. to retire;

b) is subsidied by 5 months of wages for the first 20 years of work. From the 21st year onwards, every 1 years of business is subsidied by 1/2 months of pre-term wages before retirement (the rank of rank, tranche, rank and job allowable allowance, career-level allowance, framing allowance, or maintenance coefficient, if any).

5. The retired officer is used to equip the People 's Public Security, Public Security, rank, badge during the holidays; meetings, the traditional trade of the People' s Public Security.

6. The retired officer is given a stable condition by the local government where life is stable; in the absence of housing, the policy is entitled to support social housing in accordance with the rule of law.

7. The retired officer is entitled to the degree of health insurance according to the law, which is discovered, cured by the rank of rank, post or title prior to his retirement at the public health facility under the provisions of the Minister of Public Security.

What? 15. Mode, policy for the officer, corporal officer of the Public Security Council

1. Officer, corporal transformer to work in the commission at state agencies, political organization and political organization-the welfare society from the state budget, the state company enjoyed the following regimes:

a) Being prioritiable to work in accordance with the profession of expertise, engineering, career; training, professionalization, and business needs in accordance with the work of duty;

b) Be exempt from the entrance to the former agency or transfer the industry at the request of the competent state agency, which is set to work in accordance with the professional expertise;

c) To be placed and enjoyed a new job, the new post since the date of the decision to transfer the industry. In the case of the tranche of the threshold, the rank is lower than the officer's rank, the corporal being enjoyed at the time of the transfer, which is given the level of salaries and the seniority at the time of the transfer in minimum time of 18. Months since the decision to transfer the industry and the agency, the new unit pays. The continuation of the 18-month-long-term maintenance salary led by the Chief Minister for the authority to manage the cadres, civil officials, officials, and the review, decided to conform to the internal wage correlation. In the time of the wage guarantee, the number of protected outages decreased when cadres, civil officials, and officials were raised or inherited seniority in the tranche or were lifted;

d) The case due to a request for a return to service in the People's Public Security, the transfer time is calculated at the time of continuous work for the promotion of rank, seniority;

Officer, corporal corporal officer who turned the industry or transferred to a retired citizen in retirement, how the pension is done in accordance with the law of the current law on social insurance.

2. Officer, corporal transferred to work at the business, the other unit does not enjoy the salaries from the state budget, which is entitled to subsidies, serving in the People ' s Public Security pursuits at paragraph 3 Article 16 This decree and is preserved the time closed. Social insurance policy on the law of social insurance.

What? 16. Mode, policy for the officer, corporal officer of the Civil Security Council.

The officer, corporal officer, served in the People ' s Public Security without qualifying for retirement or not transferring the industry then discharged locally and enjoyed the following modes:

1. Aid to work under the regulation of the State; preferable to apprentitiing or introducing employment at the employment services centers of ministries, industry, unions, local and other economic-social organizations; which are priorititiated according to the following: Cooperation program takes people to work abroad.

2. Enjoy the social insurance and other regimes according to the rule of law.

3. Assistance to the rank once: Every year the work is calculated by a month of the wage and allowance (if available) and the one-time allowance of the time increases due to the regulation (if any) rules at clause 2 Article 19 This decree.

The monthly allowance for the amount of a one-time allowance includes: the rank of rank, tranche, rank and job allowable allowable allowance, the seniority allowance, the seniority allowance or the maintenance coefficient (if any).

The time of work to be granted a discharge is a time of business, learning, working on social insurance, but has not yet been granted the rank of enlisters, in accordance with the provisions of the law.

4. Officers, corporal officers who have been discharged locally for no more than 01 years (no more than 12 months) since the date of the decision to discharge in effect, if found new jobs and require a transfer requirement then must reimbursate the given grant regime. at paragraph 2, paragraph 3 This.

The officer, the local chief of staff, received social insurance once in a period of no more than 01 years (no more than 12 months) if there was a wish to be given the amount of social insurance once received to preserve the time of social insurance.

5. The case has enough 15 years of service in the People 's Public Security, when the illness is discovered, treating the disease at the medical facilities of the People' s Public Security as prescribed by the Minister of Public Security.

What? 17. The regime, policy towards the officer, corporal observer of the resident security officer according to the hospital regime

The officer, Corporal Public Security officer on the patient's regime enjoyed the following benefits:

1. The regime on the incentives of the person with the revolution and the social insurance regime pursues the rule of law.

2. Use of the Public Security, Public Security, rank, badge during the holidays; meetings, the traditional trade of the People's Public Security.

3. Being in the local government where life is stable for life; in the absence of housing, the policy of social housing support is under the rule of law.

4. Be examined, cured by rank, post or title before retirement at the public health facility under the provisions of the Minister of Public Security.

What? 18. Mode, policy towards officer, corporal officer, soldier of the People ' s Public Security, from the ceiling.

1. Officer, corporal officer, soldier on the job that sacrifices to be recognized as a member of the officer ' s body, the corporal of the officer, that soldier is entitled to regimes in accordance with the rule of law on the incentives of the public with the revolution, the social insurance regime. the provisions of the existing law on social insurance and to be granted a statutory grant at the Article 3 Article 16 of this decree.

2. Officer, corporal officer, soldier who is working from the ceiling, the body of the officer, the corporal, the soldier who is entitled to the social insurance regime by the law of the current law on social insurance, the first-degree benefits prescribed at paragraph 3 Article 16. This decree.

The salary as a one-time allowance is the salary of the previous month adjacent at the time of the officer, the retired resident citizen of the People ' s Public Security, the transfer, from the ceiling, enlisters, including: the rank of rank rank, rank and office subsidy, women. occupational level, subchronology, cross-frame, or maintenance coefficient (if available).

What? 19. The statute of time to enjoy the regime when the officer, corporal officer of the retired pension population, transferred the industry, stopped serving in the People ' s Public Security.

1. Officers, corporal officials who have a direct time of combat, combat service, or work on the site, the practice of having a special nature is to be given the time to enjoy the degree of subsidy once in the service of the People's Public Security. Specifically as follows:

a) Officer, a member of the wage and wage officer who has a direct time to fight, to fight, and to fight for the duration of the war, the time is set for 01 years for the year of 06 months.

b) The officer, corporal interest in the wage period at the table, has a special sub-level at 100% or the work of a particularly hard, dangerous, dangerous labor that the time has been dated for 01 years, 01 years, 4 months;

c) Officers, corporal officials with a period of land-based work from the area of 0.7 or above or work on hard work, malicious, dangerous times, the time being traded for 01 years in 01 months;

d) Officer, corporal who had enough 02 or 03 conditions above, enjoyed the highest level of regulation. In the absence of continuous work time, it is gathered to determine the total duration of the duration. In case of time of work, the increased time due to the rule and the time of retirement before the age of having a month is calculated in principle: Less than 3 months is not calculated, from every 3 months to every 6 months as of 1/2 years, from over 6 months to the bottom. 12 months is counted for 01 years.

2. The increased time due to the rule in Clause 1 This is to be in a one-year allowance given to a 1-year allowance of an adjacent paycheck before the officer, retired officer, transferred the industry, quit the service.

Chapter VI

EXECUTION CLAUSE

What? 20.

This decree has the enforcement effect since December 06, 2015 and replaces the Protocol No. 1. 43 /2007/NĐ-CP March 26, 2007 of the Government rules the details and guidelines for some of the provisions of the Civil Security Law.

What? 21.

1. Minister of Public Security, in coordination with the Minister of Ministers: Defense, Internal Affairs, Finance, Labor-Trade and Social Affairs, Education and Training responsible for guiding and organizing the implementation of this decree.

2. The ministers, the chief of the government, the Head of the Government, the Chairman of the Government, the Chairman of the Provincial People's Committee, the Central City of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung