What is the cipher working age? What are the methods of calculating cipher working age in Vietnam? - Phu Lam (An Giang)
What is the cipher working age? Methods of calculating cipher working age in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
Specifically, Article 3 of Circular 01/2016/TT-BQP stipulates the basic working age as follows:
- Cipher career age is the time spent working as a cipher in a cipher organization and the time spent as a cipher student receiving a living allowance.
- The time spent working as a cipher in a cipher organization and the time spent being a cipher student receiving a full 12-month living allowance are counted as 01 (one) year of cipher career.
- The age of the cipher profession is calculated from the date the competent authority decides on a person to work in cipher work or decides to enter training, retraining, professional training, and cipher operations and is under the management of the agency or organization using the key until a decision is made to stop working or studying in the key organization or sacrifice or pass away while working or studying in the key organization. weak.
Pursuant to Article 4 of Circular 01/2016/TT-BQP, the calculation of cipher working age as follows:
- People recruited into the cipher organization have their cipher career calculated as follows:
+ People who are mobilized, seconded, or appointed to perform the tasks of the cipher force will have their cipher career calculated from the effective date of the competent authority's decision to do cipher work;
+ People selected for training, retraining, professional training, and cipher skills will have their cipher career calculated from the date the competent authority decides to enroll;
+ People who do other jobs in the cipher organization when switching to cipher work will have their cipher career calculated from the effective date of the competent authority's decision to do cipher work.
- People working in a cipher organization who quit their job, change industries, and then continue to work in cipher will have their cipher career counted from the effective date of the competent authority's decision to do cipher work, and the previous time spent doing cipher work will be accumulated.
Example 1: Comrade Le Van A, salary coefficient 5.90, level 9/10, intermediate level group 1 of the cipher technical and professional salary table, from October 1980 to December 1994 worked on cipher work, from January 1995 to October 2004 worked in other jobs in the cipher organization, resigned in November 2004; in October 2007, there was a decision from the competent authority to do the cipher work and retire until the end of December 2015. Thus, Comrade A's cipher working age is calculated as follows: - From October 1980 to December 1994 = 14 years and 3 months; - From October 2007 to December 2015 = 8 years and 3 months. Total = 22 years 6 months. |
- If a person doing cipher work has a period of cipher work that includes many stages, the time to calculate the cipher career is equal to the total time spent doing cipher work of the combined stages.
Example 2: Comrade Tran Thi B, salary coefficient 6.60, level 6/9 in the salary table for the rank of cipher, from February 1985 to February 2000 was a cipher officer, in March 2000 changed industry, from March 2010 to December 2015 was Head of Cipher Department, retired in January 2016. Thus, Comrade B's cipher working age is calculated as follows: - From February 1985 to February 2000 = 15 years and 1 month; - From March 2010 to December 2015 = 5 years and 10 months. Total = 20 years 11 months. |
According to the provisions of Article 5 of Circular 01/2016/TT-BQP, in addition to the cases specified in Article 3 of Circular 01/2016/TT-BQP, the following cases are still considered for cipher working age:
- People doing cipher work are seconded or sent to study at schools outside the cipher organization by competent authorities.
- People who work in ciphers are sick, have accidents, or are pregnant and are sent by competent authorities for treatment and convalescence at medical facilities, convalescence groups inside and outside cipher organizations, or for treatment at home.
- People working in secret work lost information for less than 6 months during the resistance wars against the French, the Americans, and the war to protect the Fatherland certified by the head of the organization using the secret code that there is no evidence of surrendering to the enemy, betraying the Fatherland or voluntarily quitting working in the secret organization.
- A person doing cipher work who is captured by the enemy then returns to the agency or unit. If there is no evidence of surrendering to the enemy or betraying the Fatherland, the time spent being captured by the enemy is still counted as cipher work.
- For a person working as a cipher is wrongly convicted by a Court and declared not guilty by a competent Court, the time off work due to being detained, temporarily detained, or serving a penalty is still counted as basic working age; In case of being unfairly disciplined in the form of dismissal or temporary suspension from work and then being corrected by a competent authority, the period of time off due to unfair discipline will still be counted as core career age.
- For a person who does cipher work is sentenced by the Court to non-custodial reform or imprisonment but is given a suspended sentence and is assigned to the agency or unit that manages the person doing cipher work to supervise, educate, and, if continuing to work, the time spent serving the sentence will still be counted as your basic working age.
- For a person who does cipher work commits a crime and is sentenced to imprisonment by the Court after completing the prison sentence, if not forced to stop working in a cipher organization, the working time before being sentenced to prison is counted as cipher career age.
- If a person doing cipher work quits his job or changes industry within less than 12 months, if the competent authority decides to do cipher work, the time of quitting or changing industry will be counted as a continuous cipher career.
- People who do cipher work are assigned to follow the regime of spouses of officials, civil servants, and public employees on the payroll of agencies, units, salary beneficiaries, and members of the armed forces sent to work, study, or work abroad for 30 consecutive days or more.
Cases in which the cipher working age cannot be calculated are specified in Article 6 of Circular 01/2016/TT-BQP, including:
- People who work in key positions surrender to the enemy and betray the Fatherland.
- If a person doing cipher work commits a crime and is sentenced to prison by the Court and is forced to stop working in a cipher organization by a competent authority, the time spent serving the prison sentence will not be counted as a cipher career.
- People working in cipher work who violate the law on protecting state secrets are forced to stop working in cipher organizations.
- If a person doing cipher work voluntarily quits his job and does not return to the agency or unit, the time he worked in the cipher organization before voluntarily quitting his job will not be counted as his cipher career.
- Cipher students who have graduated and have not been assigned a job after 12 months will not be counted in their cipher career from the 13th month onwards.
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