Decree 26/2015/nd-Cp: Regulations, Internal Policies Do Not Qualify On Re-Election, Re-Appoint Held, Under The Title Of Party Organs In The Tenure C

Original Language Title: Nghị định 26/2015/NĐ-CP: Quy định chế độ, chính sách đối với cán bộ không đủ điều kiện về tuổi tái cử, tái bổ nhiệm giữ các chức vụ, chức danh theo nhiệm kỳ trong cơ quan của Đảng C

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THE GOVERNMENT.
Numbers: 26 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 9, 2015

DECREE

Regime regulation, policy for ineligible cadres

about the age of re-election, reappointment of positions, titles by term.

in the agency of the Communist Party of Vietnam, the state,

Political-social organization.

________________

Government Law Base December 25, 2001;

The Base Law, which was published on November 13, 2008;

On the recommendation of the Minister of the Interior,

The government issued a decree regulating the regime, the policy on the non-qualified cadres of the age of re-election, the reappointment of the post office, the office of a term in the office of the Communist Party of Vietnam, the state, the political-social organization.

What? 1. The adjustment range

The decree rules on the regime, policy towards unqualified cadres of the age of re-election, reappointment of positions, titles per term in the agency of the Communist Party of Vietnam, State, political-social organization in the Central, in the province, Central city; in the district, county, town, city, and commune, ward, town.

What? 2. Subject applies

1. This decree is applicable to the regulatory cadres at Clause 1 and Clause 3 Articles 4 Rules of Officer, civil service without eligible for re-election, reappointment of posts, titles by term in the agency of the Communist Party of Vietnam, State, organization, and organization. Political-social in Central; in the province, the city's central city; in the district, county, town, town, and commune, ward, town (the following is generally not eligible for the age of re-election, reappointment).

2. The Officer of the Subtle Object of Regulation at the Digital Decree 108 /2014/ND-CP November 20, 2014 of the Government on policy of reduciation policy is not subject to the application of the Protocol.

What? 3. Mode, policy towards ineligible cadres of re-election age, reappointment of retirement age before age 1.

1. The officer is not eligible for re-election, the reappointment has a 20-year-old social insurance shutdown, if the pre-retirement voluntary application of the age of sending the governing body is entitled to a pension by the law of social insurance. the assembly and the addition of the following modes:

a) Not except for the pension rate due to the pre-retirement retirement;

b) is subsidied 3 months of wages per year of pre-age retirement than regulation at Point A 1 Article 50 Social Insurance Law;

c) To be subsidiated five months of wages for the first twenty years of business, which has a social insurance; from the twenty-first year onwards, every year the social insurance has an allowance of half a month's wages;

d) For the rank of office:

At the time of his retirement, if the rank of rank 1 of the title of duty is 48 months or more, it is placed on the second rank of the title of duty to retire;

For a professional, professional, and sub-level ranking officer:

The bottom line of the last payer at the current threshold, which, during the time of keeping the order, is assigned, not disciplined, and at the time of the age of retirement, missing from 1 to 12 months to be raised regularly by the prescribed salary. It's a pre-term pre-deadline for retirement.

The cadet is enjoying the last salary or is enjoying a seniority in the current quota, having graduated from college and in the process of completing a good job of being delivered, not disciplined in the last five years. Before retirement, the quota does not pass on the next tranche to retire;

e) For business level cadres at the site of a sector-dependent coefficient of 0.7 or above; the department of the department has time to join the military, the security and the state awarded by the State Medal, the medal of categories if there is a lack of social security time from 2.5 years. (30 months) to be able to afford a 20-year social insurance time, it is used by the State to support social insurance once for the time being lacking for the implementation of the retirement regime.

2. The monthly wage to calculate the allowance is determined by the actual monthly wage equality of the last 05 years before the retirement, including: The level of office or salary of tranche, rank; office allowable allowance, overframe allowance, allowable allowance. Occupational inequality, a level of income inequality, the level of party work (if any).

3. The timing of an allowance of subsidies is the time working in the agencies of the Party, the State, the political-social organization, the public career unit, the state enterprise is being charged with the regulatory and unsupported social insurance. Quit your job or not have the uniform.

4. When the calculation of the grant if the time of retirement before age or the time of closing the social insurance has an odd month is calculated as follows:

a) Less than three months.

b) From every three months to every 6 months it is counted for 1/2 years;

c) From over 6 months to 12 months it is calculated for a year.

What? 4. The regime, policy towards the ineligible cadre of re-election, reappointment continued to work until the age of retirement age.

1. The officer is not eligible for re-election, the reappointment of not enough retirement age by regulation, if there is no prior retirement aspirations, the authorities have the right to the right of work. In the absence of a suitable job, the well-awaited job is expected to retire under the provisions of Article 5 of this decree.

2. The new case of work on a new job does not specify a level of duty, a subordinate of the office (not as a leadership title) or having a job level, lower office level, lower office level, secondary level of benefits The post office, which was granted to the office, was enjoyed for 6 months; from January 07 onwards to the rank of office or subordinate (if any) of the new position of work.

What? 5. The regime, policy toward the ineligible cadre of re-election, reappointment of long-awaited work expectancy will be retired.

The cadre is not eligible for re-election, the reappointment of less than two years (24 months) of work will come to the age of retirement, if not in the appropriate position of duty and without the desire to retire before the age of retirement. Retired. During the time of the waiting work to retire, the cadre is not eligible for re-election, reappointment remains under the jurisdiction of the agency's governing body, and is implemented in the following policies:

1. Enjoy the rank of office or salary by tranche, rank, job-level subrank, sub-frame-level, annuation level, salary maintenance, party employment (if available).

2. The ineligible officer of the age of re-election, reappointment and agency where the business cadres before the long-awaited stay is expected to retire base to salary, allowable allowable allowable allowable allowable allowable allowable allowable allowable allowable allowable allowable It ' s social insurance, health insurance, under the law of law.

3. Other modes such as service mode, telephone mode (if any) inherit from the adjacent month after month of having a job rest decision waiting to be retired.

4. The case of ineligible cadres about the age of re-election, reappointment in the presence of being used regularly in motor vehicles serving work, if attending meetings, conferences or trips to the disease, the agency newspaper where the car layout is used. Come on. Where the agency is not deployed by a car, the vehicle is reintroduced and is paid under the current regulations.

5. The officer who is not eligible for re-election, reappointment of the waiting list for the age to retire does not count on the authority of the agency, the organization, the unit.

What? 6. Sources

The cost of solving the regime, the policy stipulated at this decree was issued by the state budget by the devolve of the current budget.

What? 7. Effect of execution

1. This decree has been in effect since 1 May 2015.

2. The regime, the policy of regulation at this decree was made since 1 January 2015.

3. This decree replaces the Digital Protocol 67 /2010/NĐ-CP June 15, 2010 The Government's Government of the United States, on 15 June 2010, is not eligible for re-election, the reappointment of the office, the office of the Communist Party of Vietnam, the state, the political-social organization.

What? 8.

1. For cadres belonging to state agencies from the Central to the district level and township level:

a) The cadre management agency is responsible for a list of people who enjoy the regime, the prescribed policy at this decree and the settlement funding of each object to the ministry, the peer agency, the government agency, the People's Committee. Province, Central City. At the same time to pay the regime, the policy of regulation at this decree is to be enjoyed;

b) The ministry, the peer agency, the government agency, the Provincial People's Committee, the Central Committee of the Central Committee of the List of people who enjoy the regime, the policy by regulation at this decree and the funding of the funds addressed to each object to the deposit. Finance to address by jurisdiction; at the same time sending the Ministry of Internal Affairs to monitor, the total report of the Government, the Prime Minister;

c) The Ministry of Finance of the Treasury for the calculation of the regime, policy, budget accounting and the level of the implementation of the regime, the policy by regulation at this decree;

d) The Vietnam Social Insurance has a responsibility for guidance on the business and the direction of the Provincial Social Insurance, the Central City of the Central to do the collection of social insurance, addressing the social insurance regime on subjects in accordance with the law of France. The laws of social insurance are defined by this decree.

2. For cadres belonging to the agencies of the Communist Party of Vietnam and the political-social organization that implement the regime, the prescribed policy at this decree and in the direction of the competent organ of the Party and the political-social organizations.

3. The Ministry of Defence, the Ministry of Public Security after unification with the Ministry of the Interior, the Ministry of Finance directed to implement the regime, the policy stipulated at this Decree for the cadres of the management range.

4. The ministers, peer-to-peer authority, government ministers of the Government, Chairman of the Provincial Committee of the Provincial People, the Central City and the organizations, the individual is responsible for the implementation of this decree ./.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung