Instructions on implementing the subsidy regime for Commune Police according to Decree 73/2009/ND-CP

(Baonghean.vn) - Pursuant to Decree No. 73/2009/ND-CP dated September 7, 2016 of the Government detailing the implementation of a number of articles of the Ordinance on Commune Police; Official Dispatch No. 1670/BCA-V28 dated July 11, 2016 of the Ministry of Public Security on instructions for one-time payment of allowances to Commune Police according to Decree No. 73/2009/ND-CP; The Department of Home Affairs, the Provincial Police, the Department of Finance and the Provincial Social Insurance provide instructions on the implementation of Decree No. 73/2009/ND-CP dated September 7, 2016 of the Government in Nghe An province as follows:

1. Applicable subjects:

- For Commune Police Chiefs with 15 years or more of continuous service, if they retire for legitimate reasons and do not meet the retirement conditions, they will receive a one-time allowance.

- Deputy Chief of Commune Police and Police Officers with 15 years or more of continuous service, if they quit for legitimate reasons, will receive a one-time allowance.

- The subjects who are allowed to take legitimate leave are those whose health does not meet the requirements of the job; those who have difficult family circumstances (economic difficulties, single-parent families) or who go abroad to settle down, do not violate discipline, voluntarily apply for leave and are considered and decided by the competent authority to take leave.

2. Benefits

2.1. Subjects who have participated in Social Insurance: Implement according to Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government detailing a number of articles of the Law on Social Insurance on compulsory social insurance (referred to as Decree No. 115/2015/ND-CP).

a. Conditions for enjoyment:

Employees specified in Clause 1 and Clause 2, Article 2 of Decree No. 115/2015/ND-CP who have a request are entitled to receive one-time social insurance if they fall into one of the following cases:

- Reaching retirement age as prescribed in Clauses 1, 2 and 4, Article 54 of the Law on Social Insurance but not having paid social insurance for 20 years or as prescribed in Clause 5, Article 54 of the Law on Social Insurance but not having paid social insurance for 15 years and not continuing to participate in voluntary social insurance;

- After 1 year of leaving work without having paid social insurance for 20 years and not continuing to pay social insurance;

- Go abroad to settle down;

- People who are suffering from one of the life-threatening diseases such as cancer, paralysis, cirrhosis, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS and other diseases as prescribed by the Ministry of Health.

b. The one-time social insurance benefit is calculated based on the number of years of social insurance contributions, each year is calculated as follows:

- 1.5 months of average monthly salary for social insurance contributions for years before 2014;

- 02 months of average monthly salary for social insurance contributions for years from 2014 onwards.

- In case the social insurance payment period is less than one year, the social insurance benefit level is equal to the paid amount, the maximum level is equal to 02 months of the average monthly salary for social insurance payment.

2.2. Subjects not participating in social insurance:Commune police officers with 15 years or more of continuous service who retire for legitimate reasons are entitled to a one-time allowance, with each year of service calculated as 1.5 months of average allowance for the last 5 years (60 months) prior to the date of retirement.

3. How to calculate one-time subsidyto dismiss the Commune Police for legitimate reasons as prescribed in Article 7, Decree No. 73/2009/ND-CP of the Government.

a) For the Commune Police Chiefis a commune-level civil servant, subject to compulsory social insurance since 1998 (according to Decree No. 09/1998/ND-CP dated January 23, 1998 of the Government on living expenses for commune, ward and town officials), therefore, the Commune Police Chief is entitled to a one-time subsidy according to the provisions of the Social Insurance Law at the time of payment.

b) For Deputy Chief of Commune Police and Police Officers:

- In case the Deputy Chief of Commune Police and Police Officer are eligible for social insurance policy (subjects who have participated in social insurance), the Social Insurance Law shall apply.

- In case the Deputy Chief of Commune Police and Police Officers are not eligible for Social Insurance (subjects who have not participated in Social Insurance) and have worked continuously for 15 years or more, if they quit their jobs for legitimate reasons, they will receive a one-time allowance.

4. Funding for one-time subsidy payment to Commune Police

- For the period of participating in social insurance, the funding source is guaranteed by the social insurance fund.

- For the period of not participating in social insurance contributions, the source of payment funds is guaranteed by the local budget according to the provisions of the Ordinance on Commune Police and Decree No. 73/2009/ND-CP dated September 7, 2009 of the Government.

5. Responsibility for implementation

a) Provincial Police:

Instruct and direct the district-level police to confirm that the subjects are commune police who are not eligible for social insurance (subjects who have not participated in social insurance) with a continuous working period of 15 years or more; at the same time, coordinate with the district-level authorities to advise on resolving the regime for the subjects.

b) Department of Home Affairs

- Receive, appraise and approve the dossiers of subjects with continuous working time of 15 years or more who are not eligible for social insurance (subjects who have not participated in social insurance) submitted by the People's Committee at the district level. Summarize the budget and send it to the Department of Finance for appraisal and report to the Provincial People's Committee to resolve the budget for the subjects.

-Appraisal records include:

+ Report of the District People's Committee.

+ List of excerpts.

+ Decision on job arrangement and decision on resignation by competent authority.

+ Work history records include: Staff resume, party member resume.

+ Other related documents: Monthly salary and allowance sheet...

c) Department of Finance

Based on the results of the examination of the dossiers on the subjects and the budget for implementing the regime and policies provided by the Department of Home Affairs, the Department of Finance shall appraise the budget for implementing the regime and policies. At the same time, it shall synthesize and submit to the Provincial People's Committee for consideration and decision to approve the list and budget for payment to the subjects.

d) Social Insurance Agency

- Implement settlement and payment of one-time social insurance benefits for subjects with social insurance participation period according to the provisions of the Social Insurance Law.

-Appraisal records include:

+ Social insurance book;

+ Application for one-time social insurance benefit (Form No. 14-HSB issued with Decision No. 636/QD-BHXH dated April 22, 2016).

Application for settlement of social insurance regime is submitted to the social insurance agency at the district level of residence.

6. Implementation time

The cross-sectoral guidance was implemented from 1 October 2016.

Social Insurance of Nghe An province