Circular 33/2012/tt-Bca: Regulation On Payment Mode Vacation Each Year In Public Safety People

Original Language Title: Thông tư 33/2012/TT-BCA: Quy định về chế độ thanh toán tiền nghỉ phép hằng năm trong Công an nhân dân

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MINISTER OF SECURITY
Numbers: 33 /2012/TT-BCA
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 11, 2012

IT ' S SMART

The regulations on the annual leave payment mode

in the People's Public Security
________________

Base of Protocol 60 /2003/ND-CP June 6, 2003 specifies the details and guidelines of the State Budget Law;

Base of Protocol 77 /2009/NĐ-CP September 15, 2009 rules the function, mandate, jurisdiction and organizational structure of the Ministry of Public Security;

At the suggestion of the Chief Financial Officer;

The Minister of Public Security issued a regulatory advisory on the annual holiday payment regime in the People ' s Public Security.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This provision rules on principles, objects, conditions, levels, procedures, the annual holiday payment payment of officers, corporal officers, soldiers, workers, officials, contract workers in the People's Public Security (later abbreviated as cadres, strategies, and others). officer); the responsibility of the cadres, the soldiers and the head of the Public Security Council, the local.

What? 2. Subject applies

This information applies to:

1. Civil Security Officer.

2. Security units, local.

What? 3. The funds are paid under the annual saber regime.

1. Pre-travel media; the extra money goes on the road when it goes on vacation every year.

2. Cash or repayment for days of unpaid leave but no rest or no rest of the day is paid annually.

What? 4. The principle of implementation of the annual saber payment

1. comply with the regulation at the State Budget Law, this Information and other provisions of the relevant legislation.

2. Make sure the right object, standard, correct mode.

3. Serious misuse of abuse and violations in the implementation of the annual holiday payment regime.

What? 5. The responsibility of the cadres, soldiers and the Chief of Public Security of Units, Local

1. Officer, responsible soldier:

a) a proper leave of power, standard;

b) Compliance of the decision by the unit chief to requisip the time of the leave.

2. Head of Public Security of Units, localities with responsibility:

a) layout, job arrangements, time for cadres, soldiers of the unit to take a leave under the rule of regulation. In the event of a request for business, urgent combat that cannot be arranged for the cadre, a saber or a layman without the number of days of rest, after the operation, and the deployment of the officer to the staff,

b) Only the decision to use the yearly saber of the cadre, the soldier in the event of a real need to serve the required work, combat;

c) Check, strict management of the number of vacation days of cadres, soldiers of their units;

d) The implementation of a yearly saber payment mode for the appropriate situation of the actual situation at the unit and the annual budget expenditures is delivered; the specific regulation of the annual prepaid payment regime in the internal spending process of the unit.

Chapter II

SPECIFIC REGULATION

What? 6. The subject is entitled to a travel payment mode, the extra money that goes on a yearly vacation.

1. Officer, soldier who is working in the deep, remote region, the highlands, the island has a regional subsystem from the level of 0.5 onwards as specified in the Digital League. 11 /2005/TTLT/BNV-BLTBXH-BTC-UBDT 05/01/2005 of the Ministry of Internal Affairs, Ministry of Labor and Social Affairs, Ministry of Finance and the National Committee of the National Guide to the implementation of the Regional Additive Regime (later abbreviated as No. 11 /2005/TTLT/BNV-BLTTBXH-BTC-UBDT), is eligible to be allowed annually by the law of the present law, to be granted a permit by the unit of the unit to visit the family, parents (either side of the wife or side), wife or husband, child, or visit the country (either side of the wife or side of the husband).

2. Officer, working soldier in the rest of the region is eligible for a yearly vacation, being given a sabbby by the unit chief to visit his wife or husband, child, father, mother (both the wife or side of her husband) who is sick or killed.

3. Lower staff, serving as a serving soldier with a deadline in the People ' s Public Security is eligible for annual leave by regulation at 6.2 Section 6 Digital Notice. 21 /2007/TT-BCA (X13) ) October 9, 2007 of the Ministry of Public Security performs several provisions of the Digital Protocol. 12 /2007/NĐ-CP 17/01/2007 the regulation of civil service citizenship dates to the People ' s Public Security (later abbreviated as Digital Private). 21 /2007/TT-BCA (X13)).

4. Officer, soldier by regulation at c, d and Point 4 Part A Section I ' s Number of Metrics. 07 /2004/TT-BCA (X13) ) On June 10, 2004, the Ministry of Public Security took a yearly vacation, on a private holiday, on unpaid leave, vacation, holidays, holiday, and date of the establishment of the People's Public Security Day (later abbreviated as Digital Private). 07 /2004/TT-BCA (X13)).

What? 7. Money payment travel, the extra money goes on a yearly vacation.

1. Money payment travel

a) Payment content: Money payments travel from home to the dock, terminal and reverse; from the dock, the pier to the unit and the opposite direction; payment of the ticket transport by road transport, rail or waterway to the resort. And the opposite.

b) The payment level

Payment on the price scored on the ticket, invoice purchase receipt; ticket prices do not include other service expenses (travel attractions, special services required). The case of military personnel taking a leave of use as a vehicle is to be paid maximum by means of public passenger transport by road, rail, or waterway in accordance with the travel route.

For sections of the road without the means of transport of the organization, the individual business individual pursues the rule of law that the holiday person must hire other transport vehicles then the Chief Public Security of Units, local review, decision making. intended for the payment of other means of rent on the basis of a contract lease or payment receipt with the media owner according to the number of kilometers of food and the securities order specified in the internal spending process of the Company ' s internal spending, the site. Oh,

In the event of a cadre, a soldier who goes on a yearly vacation with his own personal means is paid for by self-payment by the amount of money according to the number of kilometers of food, which corresponds to the popular shipping price of local public transport. But it does not exceed the amount of self-sufficiuation when it comes to work and has to be regulated in the Internal Security of Units of Units, local.

For the case of cadres, the annual sabbation between working and visiting relatives is not paid for a free pass by payment due to the payment of the payment.

2. Money payment is on the way

a) Payment content: Money payment for the days of the journey from home to leave and from home leave;

b) The payment level: The equivalent to the level of the retention level under the current fee-charge mode.

3. Payment procedures include:

a) A yearly permit issued by the chief minister;

b) The evidence is prescribed at the point b 1 This Article;

c) The case of a travel payment case, the subcurrency to the prescribed path at Clause 2 Article 6 This is a single and local government where the patient resides or the medical facility confirms that there are sick relatives who go treatment at the facility. Medical department, long-term treatment at home or dying.

What? 8. The subject is entitled to a wage payment regime or fostering money

1. The subject is payment of wages

a) Officer, retired retired soldier, out of hospital, discharged locally or dead;

b) The person has expired the contract of labour; the unilateral termination of the labour contract; the loss of employment due to changing technological structures; to be fired.

2. The Subject is paid for fostering

Officer, the soldier is entitled to a yearly vacation standard according to regulation at No. 07 /2004/TT-BCA (X13) ) But due to the work requirement, the unit cannot afford the time for the cadres, that the soldier is on leave or the layout is not enough on the date of the leave.

What? 9. Payment payment payment

1. The rate of staff, the soldier who is paid in restitution for the days being paid off every year but has not yet taken a break or the rest of the day has been paid for a maximum of 30% of the unit's military service annually.

2. Being used by the unit chief to take a yearly leave, the use of the prime minister must be decided in writing.

3. If the cadre, the soldier has been given a time to arrange time for a leave but without the need for leave or voluntary leave is not paid for the unpaid days of the year.

What? 10. The wage payment level, fostering money for non-annual holidays annually

1. The wage payment level for the daily non-saber days is in accordance with the following regulation:

a) The Prime Minister of Public Security, the local government, decides to pay the salaries of unpaid days annually, according to the rank of rank, the rank and the rank of office, the rank of seniority, the seniority, the sub-sector, the secondary sector. area, the toxic subside (if any) the status of each object-based object is as follows:

Pay for the daily non-annual

=

Rank of rank, rank

+

Salary allowable

x

The number of non-vacation days

______________________________________

22 days

b) For the corporal, the long-term soldier serving in the Public Security is discharged that in that year no repayment is paid in accordance with the provisions of the regulation at Point 6.2-6. 21 /2007/TT-BCA (X13).

2. The level of payment of the fostering for the daily non-saber days in accordance with the following regulation:

a) Every year, the capacity for funding, the unauthorised total base of the cadre, the soldier, the head of the Security Council, the local government, the decision to assist in the security of the staff, the unretired soldier, or the rest of the day on vacation. Every year;

b) The level of assistance is regulated at the internal spending process of the Public Security of Units, local, but maximum not excessive pay for non-annual days (according to the formula One Article);

c) The senator, the long-term service soldier in the People's Public Security, is spent in supporting the amount of money on the food level of the non-sabbated days by regulation.

What? 11. The procedure of payment of wages, fostering money for non-annual holidays

1. The procedure of payment of wages for non-annual days including:

a) Decision to retire;

b) decide to take a break from the hospital;

c) The decision to be made locally;

d) The death certificate;

The labor contract;

e) The agency ' s confirmation, the unit of unilateral termination of labor contracts, loss of employment, is fired.

2. The procedure for payment of restitution for non-annual days including:

a) A permit to take a permit to be directly confirmed by the Prime Minister directly under the request of a work requirement, combat should not be given to the staff, the rest of the staff, or without having to spend enough time on the fifth day of the year;

b) Decided by the office of the chief minister for the requisiation of the staff, the soldier in the time of leave.

What? 12. The annual holiday payment payment

1. The annual holiday money is paid once a year and is determined by the annual budget as defined by the State Budget Act.

2. Officer, five-year-old soldier is only paid in that year. In the case of the work that the officer, the soldier who was appointed by the head of the unit to take a leave of absence from time to year, was paid off by the payment every year, but only paid for the next quarter of the year.

3. For the cadre, the soldier is working in the deep, remote region, the highlands, the island has a regional subsystem from the level of 0.5 onwards as specified in the Digital League. 11 /2005/TTLT/BNV-BLTBXH-BTC-UBDT If there is a requirement, it is given the number of days of rest of two years to rest once; if a three-year break must be agreed upon by the Prime Minister and given a prescribed payment at Article 7 of this.

4. For a wage payment case, the payment is performed at a minimum of 1 months since the cadre, that soldier quit.

What? 13. The annual holiday payment payment

1. The annual return payment is set in the scope of an annual budget bill that is granted the authority to deliver and other legal sources of the Public Security of Units, localities (if any) are left in accordance with the regulatory regime.

2. For the established public career units that are based on regulation at the Digital Protocol. 43 /2006/NĐ-CP On April 25, 2006, self-government, self-responsibility for the task, organization of machinery, payroll, and finances for the public career unit, the annual holiday payment is calculated at the cost of operating costs, the cost of contract. So to determine the income inequality, the unit ' s limb.

3. Units that do not use the funding provided by the state budget are to be used in regulation at this level to implement and must be logged in the labor contract or collective labor agreement. The yearly saber payment is calculated at the cost of production, the business of the unit.

What? 14. Test and processing violation

1. periodically, the organization of the units, the local organization examining the implementation of a yearly saber against the cadre, the administrator of the administration, the subject of discovery, handling of the violations by law.

2. The Prime Minister of Public Safety, Local and Cadet Officers, a violation of the annual holiday payment regime, the extent to which the extent of the breach is handled by law and the payment of the payment is paid.

Chapter III

EXECUTION CLAUSE

What? 15.

1. This information is effective from July 27, 2012; pre-ship payment mode, regulatory vehicle at Clause 4 Part A and Section 1 Part C Section I Digital. 07 /2004/TT-BCA (X13) ) It ' s done according to this. The previous provisions of the annual leave payment in the People's Public Security with regulation at this Notice are repel.

2. The annual holiday payment regime stipulated at this WOK is applicable to the holidays that are on leave from 2012 onwards.

What? 16.

1. The Bureau of Finance is responsible for guidance, inspection, and the administration of this information.

2. The chief of staff, the head of the units of the Ministry of Public Security; Director of the Academy, Rector of Public Security Schools; Director of Public Security of the Provinces, Central Municipal City, Director of Police Department Fire Department and fire extinguiking responsibility deploy this private practice.

In the course of execution, if there is difficulty, entanging, the Public Security of Units, local reports of the Ministry of Public Security (through the Financial Bureau) for a timely guidance.

Minister.

(signed)

General Chen Kuang