Chương IV LUẬT CƠ YẾU 2011: NGƯỜI LÀM VIỆC TRONG TỔ CHỨC CƠ YẾU VÀ CHẾ ĐỘ, CHÍNH SÁCH ĐỐI VỚI NGƯỜI LÀM VIỆC TRONG TỔ CHỨC CƠ YẾU

Chapter IV

PERSONS WORKING IN CIPHER ORGANIZATIONS AND REGIMES, POLICIES APPLICABLE TO THESE PERSONS

Article 23. Persons working in cipher organizations

1. Persons working in cipher organizations include:

a/ Persons who are transferred, seconded or appointed to perform the tasks of the cipher force (below referred to as cipher officers);

b/ Persons who are selected for training in cipher operations;

c/ Persons working in cipher organizations other than those defined at Points a and b, Clause 1 of this Article (below referred to as non-cipher officers in cipher organizations).

2. The Government shall stipulate the grades and titles of persons working in cipher organizations.

Article 24. Obligations and responsibilities of persons working in cipher organizations

1. To keep confidential state secret information and cipher work secrets, even when they no longer work in cipher organizations.

2. To submit to the assignment and transfer by their agencies or organizations and strictly and fully perform the assigned tasks; to be devoted to their work and ready to well fulfill their tasks in all circumstances; to strictly abide by the Party's line and policies and the State's laws, and the statutes, regimes and regulations on cipher work; to keep and preserve the assigned code products in absolute safety.

3. To regularly preserve and foster their revolutionary morality, learn for higher qualifications, knowledge and capability in politics, cipher and military operation, culture and physical strength so as to fulfill their tasks.

4. Upon receipt of an order of a competent person, if having a ground to believe that such order is illegal, to immediately report it to the person who issues the order; if having to obey the order, to promptly report it to the immediate superior of the person who issues the order and to bear no responsibility for the consequences of the execution of such order.

5. To fulfill other tasks and responsibilities defined by law.

Article 25. Recruitment of persons into cipher organizations

1. Persons who bear only the Vietnamese nationality, reside in Vietnam, are aged full 18 years, fully satisfy the standards on political and moral quality, educational level, health, have the aspiration and capability suitable to cipher work, can be recruited into cipher organizations.

2. Cipher organizations have priority to select students and pupils who are excellent graduates from different educational institutions and fully satisfy the standards defined in Clause 1 of this Article, for training and recruitment in the cipher force.

Article 26. Standards of cipher officers

1. Cipher officers must fully satisfy the following standards:

a/ Having a firm political stuff, being absolutely loyal to the Fatherland and people, to the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam; voluntarily rendering long-term service in cipher organizations; being ready to undertake and fulfill assigned tasks.

b/ Having good moral quality, clean and clear family and personal political backgrounds;

c/ Possessing political and professional qualifications, skills, practical capabilities and good health as required by assigned tasks;

d/ Being trained in cipher operations.

2. Cipher officers, when failing to satisfy the standards defined in Clause 1 of this Article, are not allowed to continue with cipher work. On a case-by-case basis, competent cipher users shall decide to handle these officers under law.

Article 27. Working ages of cipher officers

1. The age limit of cipher officers being army men or policemen complies with the laws on the People's Army and the People's Public Security. The age limit of cipher officers being neither army men nor police men complies with the Labor Code.

2. Cipher officers who are neither army men nor police men and satisfy the State-prescribed social insurance conditions are entitled to retirement; those who work in cipher organizations for full 25 years, for men, or full 20 years, for women and fully pay social insurance premiums with at least five years working as cipher officers and are no longer required to work in cipher organizations by cipher agencies or cannot be transferred to other jobs may retire before the age limit mentioned in Clause 1 of this Article.

Article 28. Seconding of cipher officers

1. Based on the cipher task requirements, cipher officers may be seconded under decisions of competent authorities.

2. Seconded cipher officers are entitled to the regimes and policies provided in this Law and relevant laws.

Article 29. Time limit for non-participation in coding activities

Persons working in cipher organizations defined at Points a and b, Clause 1, Article 23 of this Law, when retiring or being transferred out of the cipher service or to other jobs or quitting their jobs, within 5 years after the issuance of decisions on their retirement, work or job transfer, or quitting of their job, may not participate in coding activities for organizations or individuals outside the cipher service.

Article 30. Training and employment of persons working in cipher organizations

1. Person working in cipher organizations must be trained in politics, cipher operations, law and other necessary knowledge relevant to their assigned tasks.

2. Persons who have completed cipher training courses may be transferred or appointed by competent agencies to work in cipher organizations.

Article 31. Regimes and policies applicable to cipher officers

1. Cipher officers who are army men or police men enjoy wage and allowance regimes as well as other regimes and policies applicable to the People's Army or the People's Public Security.

2. Cipher officers who are neither army men nor police men are entitled to wage and allowance regimes as well as other regimes and policies like those applicable to army men and are exempt from active military service.

3. Cipher officers are entitled to peculiar regimes and policies prescribed by law for the cipher service.

4. The Government shall detail this Article.

Article 32. Regimes and policies applicable to persons selected for cipher training

Persons selected for cipher training are entitled to the regimes and policies like those applicable to cadets at army or police schools.

Article 33. Regimes and policies applicable to non-cipher officers in cipher organizations

1 Non-cipher officers in cipher organizations who are army men or police men are entitled to wage and allowance regimes as well as other regimes and policies applicable to the People's Army or the People's Public Security.

2. Non-cipher officers in cipher organizations who are neither army men nor police men, enjoy wage and allowance regimes as well as other regimes and policies like those applicable to defense workers or employees in the People's Army, and are exempt from active military service.

Article 34. Allowance regime for code confidentiality protection responsibility

Persons working in cipher organizations are entitled to an allowance regime for code confidentiality protection responsibly stipulated by the Government.

Article 35. Regimes and policies applicable to cipher officers who arc neither army men nor police men when they retire, are transferred out of the cipher service or give up their jobs

1. When retiring, cipher officers who are neither army men nor police men are entitled to the following interests:

a/ The pension regime prescribed by law;

b/ Being given conditions to stabilize their lives by local administrations at their place of residence;

c/ Medical examination and treatment according to the health insurance regime at military or civil medical establishments.

2. When being transferred out of the cipher service, cipher officers who are neither army men nor police men are entitled to the following interests:

a/ Having their wage level at the time of transfer reserved for at least 18 months;

b/ In case they are transferred back to the cipher force as required, their duration of working outside the cipher service will be counted as continuous working time for rank promotion and wage raise consideration and working seniority calculation;

c/ When retiring, the working seniority allowance calculated based on the working duration in a cipher organization at the time of transfer will be added to the average monthly wage for pension calculation.

If the pension calculated at the time of retirement is lower than the pension calculated at the time of transfer, they arc entitled to the pension calculated at the time of transfer.

3. Cipher officers who are neither army men nor police men, when giving up their jobs while having not yet fully satisfied the retirement conditions, are entitled to the following interests:

a/ Job creation allowance, lump-sum job severance allowance and the social insurance regime as provided for by law;

b/ Being given conditions to stabilize their lives by local administrations of their place of residence;

c/ Hospital fee exemption or reduction according to regulations of the Minister of National Defense when they have medical examination and treatment at army medical establishments, if they have worked in the cipher force for full 15 years or more.

Article 36. Assurance of working conditions for cipher officers

1. Cipher officers shall be equipped with technical and professional equipment, weapons, support instruments and enjoy priority in exit and entry procedures, exempt from customs procedures for code products earned along upon their exit or entry.

2. Cipher users shall manage and employ cipher officers strictly according to their operations and ensure their working conditions; regularly educate them in politics, ideology and moral quality; and fully apply regimes and policies toward them and care for their material and spiritual lives.