Decree 41/2010/nd-Cp: Regulations, Policies For People With Weak Muscles Working Retirement, Major Retrenchment, Sacrifice, From The Ceiling Or Transferred To Other Jobs In The Organization Of The Medical Body

Original Language Title: Nghị định 41/2011/NĐ-CP: Quy định chế độ, chính sách đối với người làm công tác cơ yếu nghỉ hưu, chuyển ngành, thôi việc, hy sinh, từ trần hoặc chuyển sang làm công tác khác trong tổ chức cơ y

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Pursuant to the law on organization of the Government of 25 December 2001;

The French base cipher command on April 4, 2001;

Considering the recommendation of the Minister of the Interior, the DECREE article 1. Scope of this Decree, regulations, policy with regard to the working body retired major retrenchment, sacrifice, from the ceiling or transferred to other jobs in the Organization of muscle weakness; switch to other jobs in the Organization, business unit, in addition to the State; Convert time to enjoy a subsidy regime.

Article 2. The object to apply The working body in weak muscle organization under-paid payroll rank military rank and military payroll professional soldier in the people's army that is not military personnel, of public security of the people.

Article 3. Mode, the policy with regard to the working body retirement 1. The working body retired to enjoy social insurance regime under the current provisions of the law on social insurance.

2. once the subsidy regime for people to do the work before retirement age body height for prescribed in clause 2 article 13 of Decree 167/2004/ND-CP dated 20 September 2004 from the Government detailing the implementation of a number of articles of the Ordinance on the Organization of weak muscle body Vietnam and managing the people who do the work of weak muscles according to the following rules : a) objects support once was the work of weak muscle in an organizational change due to redundant staffing, according to the decision of the authority;

b) subsidy regime once enjoyed, including:-three months of salary for each year of retirement before the age;

-Five months wages for the first twenty years. From the third year twenty-one onwards, every year the subsidies by 1/2 (part two)-month salary.

Article 4. Mode, the policy for people who do the work of major body 1. Who do the work of major body was recruited to work at the Agency, business units of the party, State, social-political organizations (hereinafter referred to as the agencies, units of the State) are the following benefits: a) precedence arranged employment consistent with industry expertise , engineering, professional; be informed of the necessary professional expertise consistent with the job duties;

b) are exempt from the examination, if the transfer of industry bodies, the old units or departments at the request of the competent authority;

c) precedence plus point on recruitment results when the examination or examination of public servants under the existing provisions of the law on employment, use and management of public servants, employees of the agencies, units of the State;

d) ranked match new job salary. The case of the new salary system to lower the wage coefficient of the working body was entitled at the time of transfer of the reserved sector coefficient difference between coefficient of salary at the time of transfer of the industry compared with the new salary system during a minimum of eighteen months due to the head of personnel administration , public servants consider the decision to suit internal salary correlations. In time, if the new wage system is rated equal to or higher than the wage coefficient was entitled before the transfer, the industry enjoyed a new salary system;

DD) retirement pension calculation is done according to the rules in paragraph 7 to article 34 of Decree 66/2007/ND-CP dated 19 April 2007 from the Government detailing and guiding the implementation of some articles of the law on social insurance compulsory social insurance for military personnel public safety, people and people who do the work as paid body for military personnel, of public security of the people (hereinafter referred to as the Decree No. 68/2007/ND-CP).

2. The major body work done to the bodies, the unit paid from the State budget, then move on to the Agency, under-paid unit wages by employers who decided, upon retirement, the pensions was plus craft seniority allowances according to the working time in the Organization's basic salary of people working in the body the turn of the industry and are converted according to the stipulated salary mode at the time of retirement.

3. The working body has transformed the industry due to the demand of the industry body and be authorized to return to work in the Organization major time body count on continuous work time to consider raising salary and seniority the work according to the current rules of law.

Article 5. Mode, the policy with regard to the working body moved to work at enterprises, institutions, non-State units Who do the work of body turning to work at enterprises, institutions, non-State units are entitled to retrenchment once prescribed in point b paragraph 1 article 6 of this Decree and social insurance regime under the provisions of the law about social insurance; retirement pension do not count as specified in clause 7 to article 34 of Decree 66/2007/ND-CP.

Article 6. Mode, the policy with regard to the working body only work 1. The working body only work in organizations not eligible to retire or not, then, resolved major retrenchment and enjoy the following benefits: a) support job creation by six months the general minimum wages as prescribed by the Government; precedence apprenticeship or employment;

b) be entitled to retrenchment once for every year of work funded by a monthly salary;

c) enjoy social insurance regime and other regimes under the current provisions of the law.

2. Who do the work have the body in time not exceeding one year from the date of the decision to stop the effect, if the Agency, units of State prescribed in article 4 paragraph 1 of this Decree shall be made major mode. When making the transfer mode, the industry must repay retrenchment once prescribed in point b paragraph 1 of this article and to reimburse the social insurance fund social insurance subsidies once received. The Agency, the State's decision to move the industry is responsible for recording the amount of retrenchment.

3. The working body has quit in time not exceeding one year from the date of the decision to stop the effect, if was recruited to work at enterprises, institutions, non-State units, if want to calculate connection time social insurance, they must reimburse the social insurance fund social insurance subsidies received.

Article 7. Mode, the policy with regard to the working body sacrifice, from the ceiling 1. The working body sacrifice then the relatives of the person doing the work body enjoy the mode according to the provisions of the law of incentives people to the revolution, the social insurance legislation and support once, every year the work funded by a monthly salary of people working the muscle weakness prior to sacrifice.

2. Who do the work of body from the ceiling, the relatives of the people who do the work of weak muscles are affected the regime prescribed by the law on social insurance and subsidy, for every year of work funded by a monthly salary of people working the muscle weakness before death.

Article 8. Mode, the policy with regard to the working body moved to other work in the body organization 1. Who do the work of the muscle weakness when moved to another job in the organization under regulation body, arranged according to wage an new layout match the group, arranged branches; level of training and the time of the wage coefficient rated working body. The case of the new wage system is rated lower than that of the wage coefficient working body at the time of transfer of an arranged, was reserve coefficient difference between coefficient of salaries of people working the muscle is weak compared to the new salary system until being lifted by wage or higher.

2. Who do the work of weak muscle transfer to other jobs within the organization body adjusted time to calculate the pension regimes enjoyed once the provisions in article 9 of this Decree; retirement made calculation of pensions as defined in paragraph 7 to article 34 of Decree 66/2007/ND-CP.

Article 9. Convert time to calculate the subsidy regime once enjoyed with respect to the working body has time to direct combat, combat service or work in difficult areas, industry specific properties when the only work in the body organization 1. Who do the work of weak muscles have time to fight, direct combat service or work in difficult areas, industry specific nature shall be converted in time to enjoy the support of a mode attribute times when only working in organizations under the provisions of the following body : a) Who do body work have time to fight, direct combat service, the time is converted to a year by one year six months;

b) Who do body work have time work in geographical level 100% special allowance or special occupations classified special heavy labor, toxic, danger, the time is converted to a year by one year to four months;

c) Who had body work done time in geographical area allowance from coefficient of 0.7 or above or the specific occupations are classified hard labor, toxic, danger, the time is converted to a year by two months a year.

In the case at the same time, the body has enough work to do 2 or 3 above mentioned conditions shall be entitled to followed the highest conversion rates.

The case of the interregnum period was carried to determine the total time are entitled to a subsidy regime.

2. time to rise further due to the modified rules in paragraph 1 of this article shall be calculated once with the voucher for one year of subsidized by a month salary.

Article 10. Wages and working time is calculated to enjoy mode 1. Salaries, for the calculation of the subsidy provided for in the Decree include: the salary of the person doing the work the muscle weakness; the leadership allowances, allowance for seniority, seniority allowance beyond the frame and coefficient of difference, if any.


2. Salaries, to calculate the allowance specified in point b of paragraph 2 of article 3 of this Decree, of average wages is in the last year before retirement; wages, in order to calculate the subsidy regime prescribed in point b paragraph 1 article 6, article 7, paragraph 2 article 9 of this Decree shall be counted as wages, currently enjoy.

3. The time to enjoy a subsidy regime is the total work time in organizing body and time worked at the Agency, paid from the State budget have compulsory social insurance premiums prior to working in organizations.

When computer enjoy mode, if there are odd month shall be calculated as follows: under three months does not count; from three months to six months enough compute 1/2 (part two) the level of a year; from enough six months or more in the extent of one year.

Article 11. Secured funding the State budget guarantees the funds make the pension regime defined in this decree with regard to the working body under the provisions of the law on the State budget and other documents guiding the implementation.

Article 12. Handle violation 1. The benefits of the working body provided for in this Decree shall be cut or canceled if the records were falsified or tampered with to enjoy mode; improper benefits must reimburse.

Cases due to distortions records that people do not enjoy body work or incomplete, restored the rights prescribed in this Decree.

2. In addition to measures of processing as defined in paragraph 1 of this article, personal, organizational behavior falsified or forged records, depending on the nature and extent of the violation also were disciplined, administrative processing or prejudice criminal responsibility, if the damage is compensated according to the provisions of the law.

Article 13. The terms of the implementation of the Decree has effect as from October 1, 2011 and replacing Decree No. 105/2004/ND-CP dated 27 February 2004 from the Government detailing the implementation of a number of articles of the Ordinance on the muscle weakness of the regime, the policy with regard to the working body's retirement , major retrenchment or move to other jobs in the Organization of muscle weakness.

Article 14. Responsibilities and enforcement 1. The Ministry of Interior, Ministry of labor, invalids and Social Affairs, the Ministry of finance is responsible for guiding the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.