Circular 04/2011/ttlt-Bca-Bldtbxh-Btc: Implementation Guides For The Retirement Regime Officials And Soldiers Police The People Directly Involved In The War To Save The Country From April 30, ...

Original Language Title: Thông tư liên tịch 04/2011/TTLT-BCA-BLĐTBXH-BTC: Hướng dẫn thực hiện chế độ hưu trí đối với cán bộ, chiến sĩ Công an nhân dân trực tiếp tham gia kháng chiến chống Mỹ cứu nước từ ngày 30 tháng 4 ...

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CIRCULAR guide retirement regimes for officials and soldiers police the people directly involved in the war to save the country from 30 April 1975 onward have 20 years or more in public security work people have discharge, retrenchment on local _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 77/2009/ND-CP dated September 15, 2009 by the Government functions, tasks, powers and organizational structure of the Ministry of public security;
Pursuant to Decree No. 186/2007/ND-CP on December 25, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;
Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to Decree 159/2006/ND-CP dated 28 December 2006 from the Government on the implementation of the pension regime for military personnel directly involved in the war to save the country from 30 April 1975 onward have 20 years of service in the army serving , demobilized;
The implementation of Decree No. 11/2010/ND-CP on January 1, 2011 the Government's amendments and supplements to some articles of Decree No. 159/2006/ND-CP dated 28 December 2006 from the Government on the implementation of the pension regime for military personnel directly involved in the war to save the country from 30 April 1975 onward have 20 years of service in the the troops were serving, demobilized;
The Ministry of public security, Ministry of labor, invalids and Social Affairs, the Ministry of finance instructed as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular guide retirement regimes for officials and soldiers police the people directly involved in the war to save the country from 30 April 1975 onward have 20 years of service in the people's police force was experienced about local retrenchment, before 1 April 2000.
Article 2. Objects of officers, soldiers police the people directly involved in the war to save the country from 30 April 1975 onward, have 20 years or more in public security work, including the time served in the people's Army then moved to the people's public security does not belong in an are enjoying retirement mode, mode d. labour power or monthly soldiers disease mode, in one of the following cases: 1. Have discharge, retrenchment before 1 April 2000.
2. Invalids declined from 81% labour capability and over are treated at the Centre for nursing the wounded or from nursing wounded soldiers have on the family before 1 April 2000.
3. Officers and soldiers police the people moved or transferred workers, public safety officials and then quit before 1 January 1995; had decided to move the industry before 1 April 2000 but not implemented, or have on local that unresolved retrenchment mode, demobilized.
4. Officers and soldiers demobilized people's public security, only the international labour or labour was international cooperation after the country had demobilized, retrenchment before 1 April 2000.
Article 3. The object does not apply to the object prescribed in article 2 of this circular do not enjoy the mode specified in Decree No. 11/2010/ND-CP, in one of the following cases: 1. the surrender, desertions, betrayal, Zhao Hui.
2. Breaking the law are Executive sentence; is execution in prison; convicted of one of the crimes of breach of national security that have not been deleted projects.
3. illegal immigration or the Court declared as missing.
Article 4. Work time as a base computer enjoy retirement mode 1. Is the total time the actual work of public security of the people, people's army newspaper (if any), have social insurance or be counted as time had close social insurance as of the time of discharge, retrenchment, move, or move to nursing wounded soldiers in the sector of labour, invalids and Social Affairs and are defined in the staff profile , the record discharge, retrenchment, or profile. Working time in public security people (or people's Army) if there is discontinuity shall be carried.
Then sector transfer case retrenchment; or already demobilized, quitting then continued to work in agencies, external organizations, units of public security of the people (or people's Army), and then quitting, or demobilized, quit to work for international cooperation, or be sent to labor, international cooperation on water then discharge retrenchment, the time the work outside the public security of the people, people's army, the travel time for international cooperation workers don't count influence retirement mode.
Example 1: He, born in 1948, joined the army in February people's Army 1968 to 1975, transferred to the people's public security, up to October 1991 discharge. As a rule, the working time in the people's army and police base computer people enjoy his retirement mode A is 23 years 9 months (including time in the people's army from February 1968 to April 1975 and working time in public security people from May 1975 to October 1991).
Example 2: Mr. Nair B, born in 1950, the people's public security in March 1967, in August 1987 he B solved retrenchment mode and go international labour cooperation in the former Soviet Union, in 1991. As a rule, the time inside public security work people do base computer to enjoy his retirement mode B is 20 years 6 months (from March 1967 to August 1987).
Example 3: Mrs. Hoang Thi C, born in 1949, the people's public security in March 1968, 1976 and Mrs. C was moved to the people's public security, to March 1989 retrenchment. As a rule, the time inside public security work people do base computer enjoy her retirement mode C is 21 years 01 month (from March 1968 to March 1989).
2. working time to enjoy retirement mode if available, travelers then under 3 months are not counted, there is sufficient enough to March from 6 months in half (1/2) level of social insurance premiums a year, from over 6 months to under 12 months calculated by the level of social insurance premiums a year.
Chapter II article 5 POLICY MODE. Monthly pension 1. The level of monthly pension is calculated according to the number of years of actual work is calculated for social insurance and the average month salary as a base of social insurance premiums as follows: 45% in 15 years Enough average salary, social insurance premiums; then, just add a year to social insurance is an additional 2% for males and 3% for females. The level of the maximum monthly pension equal to 75% of the average salary, social insurance premiums.
Example 4: Mr. Tran Van T, born in 1948, the people's public security in May 1965, quit in August 1988 with the rank of Captain, having 23 years 04 months work in public security people; now enjoy a monthly retirement mode, the calculation of the rate of% of his pension as follows:-T Enough 15 years = 45%-from 16 to 23 years (8 years): 2% x 8 (years) = 16%-4, travellers are: 2% x 1% = 0.5% rate of pensions of Mr. T is 45% + 16% +: 1% = 62%.
Example 5: Ms. Nguyen Thi N, born in 1950, March 1967 to enlist into the army, June 1975 switch to public security people, March 1987 retrenchment with the rank of Lieutenant, jaw has 20 years of 1, the work of the military and the police; now enjoy a monthly retirement mode, the calculation of the rate of% of her pension as follows: N-Enough 15 years = 45%-from 16 to 20 years (5 years): 2% x 5 (years) = 15%-There 1st, travelers: don't count rate% pensions of Mrs N is: 45% + 15% = 60%.
2. The average rate of salary, social insurance premiums to make pension calculation base is the average rate of salary (salary scales, ranks and seniority allowance trades, position allowances (if any)) in the last 5 years (60 months) before discharge, retrenchment or before transferring to nursing wounded soldiers in the sector of labour, invalids and Social Affairs (including the wage coefficient allowance and be converted into salary multiplier, corresponding allowances stipulated in Decree No. 25/CP dated 23 May 1993 of the Government of the temporary regulations of new salary mode of public servants, administrative officials, and the armed forces (the wage level function midshipman calculated by coefficients 3.0)). The minimum wage as a basis for calculating pensions is the level of 290,000/month.
Example 6: the case of Mr. Tran Van T in example 4, have the last 5 years salary happenings before quitting as follows:-From September 1983 to June 1986 (34 months), the rank function ranks wage (3.80 coefficient), 21% of career seniority allowance.
-From July 1986 to August 1988 (26), Captain rank salaries (factor of 4.15), 23% of career seniority allowance.
The average rate of salary, pension calculation base:-3.80 x x x 1.21, 34 bronze 290,000 = 45,336,280.
-4.15 x 290,000 VND 1.23 x x 26 = 38,487,930.
(45,336,280 + 38,487,930 copper bronze): 60 months = monthly pension of the brass 1,397,070 Mr. T is calculated according to the time before the October 2004 are: 62 x% = 866,183 copper 1,397,070 copper.
a) case has time to enjoy pensions not sufficient for 5 years (60 months), then, as a base salary pension calculation is the average salary of the month are paid according to the rank function, the scales.
b) only profile cases determine final salary levels before discharge, retrenchment, the applicable time limit, raising the wage level prescribed in the Ordinance on Vietnam people's security force and Police Force Ordinance the people of Vietnam in 1991 to determine the happenings last 5 years salary as a base pension calculation.
c) with respect to the cases transferred to the workers, the people's public security officials then retrenchment, the pension calculation are as follows:

The average salary is taken, social insurance premiums (as of the time of retrenchment), plus an additional level of seniority were affected in adjacent months before transferring to the workers, the people's public security officials (converted according to the wage coefficient, corresponding allowances stipulated in Decree No. 25/CP dated 23 May 1993 of the Government as its minimum wages; pension calculation basis is the level of 290,000/month) as a basis for calculating the pension.
The case of the level of pensions is calculated on that lower the pension level is calculated according to the average salary, social insurance at the time of transfer to the workers, the people's public security officials are taking the average salary, social insurance at the time of transfer to the workers public safety officer, (be convert according to the wage coefficient, corresponding allowances stipulated in Decree No. 25/CP dated 23 May 1993 by the Government; the minimum wage as a basis for calculating pensions is the level of 290,000/month) for the calculation of pensions.
3. The object prescribed in article 2 of this circular are entitled to pensions from July 1, 2010, the monthly pension applied to adjust the increase under the provisions of the Government for those who enjoy pensions before October 2004. Namely: a) a 10% increase in pensions calculated according to the time before the October 2004 under the provisions of Decree No. 207/2004/ND-CP on December 14, 2004.
b) up 8% pension calculated in accordance with point a of this paragraph under the provisions of Decree No. 117/2005/ND-CP dated September 15, 2005.
c) 20.7% Increase in pensions calculated according to point b of this clause under the provisions of Decree No. 118/2005/ND-CP dated September 15, 2005.
d) up 8% pension calculated in accordance with point c of this paragraph under the provisions of Decree No. 93/2006/ND-CP of June 7, 2006.
28.6% Increase) in pensions calculated according to point d of this paragraph under the provisions of Decree No. 94/2006/ND-CP of June 7, 2006.
e) 20% increase in pensions calculated according to point this DD as defined in Decree No. 184/2007/ND-CP on December 17, 2007.
f) 15% increase in pensions calculated according to point e this clause under the provisions of Decree No. 101/2008/ND-CP on November 12, 2008.
g) 5% Increase in pensions calculated according to point f the clause prescribed in Decree No. 34/2009/ND-CP on April 6th, 2009.
h) Increase 12.3% pensions calculated according to point g this clause under the provisions of Decree No. 29/2010/ND-CP on March 25, 2010.
I) From January 5, 2011, an increase of 13.7% pensions calculated according to point h of this paragraph under the provisions of Decree No. 23/2010/ND-CP on January 4, 2011.
As the Government continues to regulate pensions, the pensions of the objects are also adjusted.
Example 7: the case of Mr. Tran Van T in example 4 (monthly pension is calculated in example 6), monthly pension is adjusted as follows:-increase 10% according to Decree No. 208/2004/ND-CP is: 866,183 x 1.10 = copper 952,801 copper – up 8% according to Decree No. 117/2005/ND-CP is: 952,801 x 1.08 = copper 1,029,025 copper-20.7% Increase according to Decree 118/2005/ND-CP is : 1.207 1,242,033 copper 1,029,025 copper x =-8% Increase according to Decree No. 93/2006/ND-CP is: 1,242,033 x 1.08 = copper 1,341,396 copper-increased 28.6% under Decree No. 94/2006/ND-CP is: 1,341,396 x 1,725,035. = 1.286 copper
-20% increase according to Decree No. 184/2007/ND-CP is: 1,725,035 x 1.20 = copper 2,070,042 copper-15% increase according to Decree No. 101/2008/ND-CP is: 2,070,042 x 1.15 = copper 2,380,548 copper-increased 5% according to Decree No. 34/2009/ND-CP is: 2,380,548 x 1.05 = copper 2,499,575 copper-increased 12.3% according to Decree No. 29/2010/ND-CP is: 2,499,575 copper 2,807,023 copper = 1.123 x his pension entitlement T from 1 May 2010 to the end of April 2011 is 2,807,023/month.
From January 2011 the pension be adjusted to increase 13.7% according to Decree No. 23/2010/ND-CP is: x = 1.137 3,191,585 copper 2,807,023/month.
4. in case the object prescribed in article 2 of this circular but entitled to living expenses, the monthly pension levels are influenced by general minimum wages as prescribed by the Government for each period.
Article 6. Medical insurance mode, productivity and regional subsidies, once 1. Beneficiaries monthly pensions regime enjoyed health insurance under the provisions of the law on health insurance; When dying, people worried about receiving burial and funeral support productivity and monthly or once under the provisions of the law on social insurance.
2. The object prescribed in paragraph 1, 3 and 4 Article 2 to this circular died before 1 January 2011, the one in the object's relative (spouse, father, mother, child, adopted child or legal carers) to be represented once by mode receive 3,600,000 (three million six hundred thousand dollars).
3. The object prescribed in paragraph 1, 3 and 4 Article 2 to this circular died after May 1, 2011 but not yet entitled to monthly pensions according to the provisions of article 5 of this circular, the relatives of the object is the field access money in pensions from 01 May 2010 to may object from the ceiling and enjoy the mode according to the provisions in clause 1 Article This time.
4. Subject to the provisions in article 2 to this circular if the work has social insurance including area allowance, or is considered to have close social insurance allowance including the area of the object or object-relative (for cases already died) support area once under the provisions of Decree No. 122/2008/ND-CP December 4, 2008 by the Government on the implementation of the regional allowances for those who enjoy pensions, social insurance, labour power loss allowances and grants labour accidents, occupational disease every month.
Chapter III RECORDS, order EXECUTION and FUNDING Guarantee 7. Profile review entitled mode 1. The review recommended records entitled monthly retirement mode include: a) affidavit of personal objects (5) according to the model No. 1 attached herewith;
b) one or more of the original papers, or be considered to be original papers, or documents (original or notarized copy or copy certified by the personnel officer public safety Department, the central cities) as a basis to review enough factors to determine actual working time in public security people The people's army, (month and year into the public safety or to enlist, discharge, retrenchment, going international cooperation, major switch to workers, public safety officer) and the happenings of the last 5 years salary before discharge, retrenchment:-officers, résumé or curriculum vitae of military personnel, or party membership history , or shared social insurance;
-The decision to quit, discharge, transfer, transferred to the workers, the people's public security officials; affidavit of social insurance process or decide to solve the discharge mode, quit;
-Other related papers may prove to be the process of the work in public security and people's salaries as: recruitment decisions, maneuver, appointed, promoted to the rank function, raising the wage level; paper enrollment into the study at the school of public security people; list of officers; decision to grant a certificate of disability pension and invalids, invalids certificate (for invalids is object) ...-the case no longer papers to determine the time in the work of public security of the people, or the people's army must have confirmation of the work unit (level Service , Bureau of public security, the central cities, and equivalent) before officials and soldiers police the people quit, discharge, or to work in international cooperation (operative unit of case officers, soldiers have dissolved or split into multiple units, the superior management unit under the authority of management confirmation);
-The Medal of honor, the Medal of the resistance (or free) and other forms of reward;
c) review proposal text entitled mode (with a list) of the central cities, where the object registered permanent residence according to the model No. 2 attached to this circular.
2. proposal review records entitled the mode 1 include: a) affidavit of relatives (3) according to the model No. 6 attached to this circular;
b) one of the papers specified in point b of Paragraph 1 of this article.
c) death certificate or death.
d) review proposal text entitled mode (with a list) of the central cities, where the object registered permanent residence according to the model No. 2 attached to this circular.
3. enjoy record monthly retirement mode transfer social insurance the central cities, where the object registered permanent residence to manage and pay pensions including: a) referral of social insurance of public security of the people in the form of 3 attached to this circular;
b) decide on the monthly pension regimes enjoyed by the Director of social insurance of public security of the people in the form of 4 attached to this circular;
c) work process record are calculated to enjoy social insurance regime under model number 05 attached to this circular.
d) affidavit form individual number 1 attached to this circular.
4. enjoy record monthly retirement regime moved to Vietnam social insurance management, archives include the papers specified in point b, c and d of paragraph 3 above.
Article 8. The order and responsibility 1. The object or the object relatives formed the affidavit form and submit the documents specified in point a, b or paragraph 1 point a, b, c Paragraph 2 article 7 of this circular to district, County, town, city in the province where the registered permanent residence.
2. District, district, town, city in the province of a) Guide and the organization receiving the profile of the object or the object relatives have permanent residence;
b) organize, verify, list, send out resumes, the police report, the central cities.
3. the public security, the central city in a) receiving records by County, district, town, city in the province moved to;
b) organize, verify, and record-setting review proposals review entitled the mode according to the provisions in clause 1 or clause 2 article 7 of this circular posted on the social insurance of public security (Policy Bureau, construction of people's police force).

c) receiving social insurance records of people's public security has moved to resolve; the Organization granted a certificate of retirement for the audience to enjoy monthly pension regime; pay for support; visit pay pensions (including the regional support, if any) for the object relatives have died, according to the decision of the Director of social insurance of public security of the people and the settlement with the Department of finance, the Ministry of public security as specified.
d) Switch 7 record entitled monthly retirement mode as specified in paragraph 3 article 7 of this circular to the social insurance the city, centrally manage and pay pensions for the object.
4. social insurance of public security people a) reception, entitled recommendation record review mode.
b) within 30 days of receipt of a valid, full profile of the city, centrally, out decides to enjoy monthly retirement mode, the mode of subsidy; level of record entitled retirement mode; retirement certificates; referral levels enjoy retirement mode; the decision to access the paid archive, funeral subsidy, a retiree (or monthly) for the objects were from the ceiling as prescribed in paragraph 3 article 6 of this circular; Archive 01 record and transfer records has settled on the city, centrally prescribed.
c) January Transfer record as defined in paragraph 4 Article 7 of this circular to the social insurance of Vietnam to manage and store.
d) General recommendation of the local public Security Bureau sent finance, Ministry of public security to do estimating base funding to pay a one-time subsidy regime and pay pensions as defined in paragraph 2, 3 and 4 Article 6 of this circular.
Article 9. Funding guarantee 1. Funding to establish the profile review, entitled monthly retirement mode and the mode of subsidy once under the provisions of this circular is 20,000 VND/1 records (twenty thousand/one profile) and the funding to pay the pension regime (including access funding to pay pensions , burial costs, retiree, once area subsidies) due to the State budget guarantees the financial Ministry and was granted through the Ministry of public security. 2. Cost of monthly pension paid by the State budget guarantees and layout in the estimation for the annual budget of the social insurance in Vietnam.
Chapter IV IMPLEMENTATION article 10. The responsibilities of the ministries 1. The Ministry of public security, in coordination with the Ministry of labor, invalids and Social Affairs, the Ministry of Finance directs, guides, check and resolve the problems, which arise in the process of implementation.
Direction to the agencies, units of the rights advocacy, guidance, testing and implementation, in particular as follows: a) General Directorate of construction of the people's public security forces, advocacy, dissemination policy; instructions, checks and direct the implementation of Decree 159/2006/ND-CP on December 28, 2006; Decree No. 11/2010/ND-CP on January 1, 2011 by the Government and this circular.
Coordinated with other bodies within and outside the people's public security monitor, examine, propose solving the problems arising in the process of implementation.
b) financial Bureau estimating funding guarantee according to the provisions in clause 1 9 of this circular to the Ministry of public security sent the Ministry of finance, the funding level.
Funding levels for the institutions of public security, local units and payment according to the regulations.
c) public security units, local advocacy, the Organization holds and implemented under the provisions of this circular.
Coordinate, provide records, related documentation or verification of the subject's work time was present in the unit, as requested by the local public security department where the subject or the object relatives registered permanent residence as a base to resolve mode.
2. The Ministry of finance to ensure the funding regimes, policy provisions in Decree No. 159/2006/ND-CP on December 28, 2006; Decree No. 11/2010/ND-CP on January 1, 2011 by the Government and this circular.
3. The Ministry of labour, invalids and Social Affairs a) in collaboration with the Ministry of public security, the Ministry of finance guidelines, check and resolve the problems, which arise in the process of implementation of this circular.
b) Guide to adjust the monthly pension in accordance with government officials and soldiers police the people were entitled to a monthly pension under the provisions of this circular.
c) directs the Department of labor, invalids and Social Affairs to receive monthly subsidies of payers pay as specified in clause 4, article 11 of this circular.
4. social insurance for Vietnam a) guide the social insurance, the central cities of receiving records entitled retirement mode due to social insurance people moved to public security; implementation Manager, just pay a monthly pension and the other mode for those who enjoy retirement regimes as prescribed in this circular.
b) receiving monthly pension enjoys a profile due to the social insurance of public security of the people moved to and stored according to the regulations.
Article 11. Terms of implementation 1. This circular is effective from January 1st, 2011. The modes, policies in this circular be implemented since 1st May 2010.
2. When entitled to monthly retirement mode, the object does not have to return the money grants discharge, retrenchment has received.
Beneficiaries monthly retirement mode at the same time as the wounded still enjoy the benefits for Veterans under the provisions of the law of incentives people with the current revolution.
3. With regard to the subjects solved the pension regime as stipulated in Decree No. 159/2006/ND-CP that now in additional objects under the provisions of Decree No. 11/2010/ND-CP, if have time computer enjoying the increased retirement pension shall be adjusted to correspond with the actual work time and salary, making new pension calculation base (if rather change) under the rules since May 1, 2010.
4. With regard to the subjects solved the pension regime once or monthly allowance as defined in decision No 142/2008/QD-TTg on October 27, 2008, or decision No. 38/2009/QD-TTg dated May 6, 2010, or the decision No. 53/2010/QD-TTg on August 20, 2010 by the Prime If now eligible to enjoy retirement regime as stipulated in Decree No. 11/2010/ND-CP, was moved to make the monthly retirement mode according to the provisions of article 5 of this circular to simultaneously stop the monthly allowance as from May 1, 2010. When enjoy pension monthly mode objects on to return the amount of the subsidy received for the unit has paid pension mode once or submitted to the Department of labor, invalids and Social Affairs Department, central cities where pay monthly allowance (for the monthly allowance object) to submit to the State budget according to the regulations.
5. The object just had time in the work of public security people just have time in the people's army if in the staffing of public security of the people before discharge, retrenchment by the Ministry of public security last addressed the retirement pension or mode 1 time according to the provisions of article 5 , Article 6 of this circular.
6. for officials and soldiers police the people subject to the provisions of article 2 of this circular, being stripped of the title in the discipline of public security of the people, or sentenced to prison before 1 January 1995 had finished projects Executive imprisonment, the local switch on but not yet resolve mode , policy, the Ministry of public security considerations the level of violations and dedication process for each particular case consider use to resolve pension regime after reunification with the Ministry of labor, invalids and Social Affairs.
In the process of implementation, if there are obstacles, suggest the agency unit, reflecting on The Union (through the construction of people's public security forces, the Ministry of public security) to consider, resolve, timely additional instructions./.