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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 117/2005/ND-CP
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Hanoi,
September 15, 2005
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DECREE
ON THE ADJUSTMENT
OF PENSIONS AND SOCIAL INSURANCE ALLOWANCE
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of December 25, 2001;
Pursuant to Labor Code dated June 23, 1994
and the Law Amending and Supplementing a Number of Articles of the Labor Code
dated April 02, 2002;
Pursuant to the 2004 Resolution No.17/2003/QH11
dated November 04, 2003 on the state budget estimate and the Resolution
No.19/2003/QH11 dated November 26, 2003 on 2004 mission of the XIth
National Assembly;
At the proposal of the Minister of Labor, War
Invalids and Social Affairs,
DECREE:
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1. Officials, civil servants, workers and public
employees; military uniform and public security forces, cipher workers enjoying
monthly pension by scale of salary, payroll prescribed by the State.
2. Workers, public employees and workers
enjoying monthly pension both having time enjoying salary by scale of salary,
payroll prescribed by the State, and having time enjoying monthly pension not
according to the salary scale, payroll prescribed by the State.
3. Workers, public employees who are being
entitled to receive monthly allowance for labor capacity loss, including
persons enjoying monthly allowance under the Decision No.91/2000/QD-TTg dated
August 04, 2000 of the Prime Minister.
4. Rubber workers being entitled to receive
monthly allowance.
5. Commune, ward or township officials being
entitled to receive pension, monthly allowance under the Decree
No.121/2003/ND-CP of October 21, 2003 of the Government and the Government's
Decree No.09/1998/ND-CP dated January 23, 1998.
Article 2. From October 01, 2005 to
September 30, 2006, rate of pension, monthly social insurance allowance for the
subjects being entitled to receive pension, monthly social insurance allowance
before October 01, 2005 specifying in Article 1 of this Decree shall be
adjusted as follows:
1. For officials, civil servants, workers and
public employees who retired:
a. Increase 10% on the pension rate currently
being enjoyed for people having pension rate before the retirement of less than
390,000VND/month under the Decree No.235/HDBT dated September 18, 1985 of the
Council of Ministers; with old salary coefficient of less than 3.06 under the
Decree No.25/CP and the Decree No.26/CP of May 23, 1993 of the Government; with
the new salary coefficient of 3.99 under the Resolution
No.730/2004/NQ-UBTVQHK11 dated September 30, 2004 of the Standing Committee of
the National Assembly, the Decision No.128/QD-TW dated December 14, 2004 of the
Secretariat of the Party Central Committee, the Decree No.204/2004/ND-CP of
December 14, 2004 and the Decree No.205/2004/ND-CP dated December 14, 2004 of
the Government.
b. Increase 8% on the pension rate currently
being enjoyed for people having pension rate before the retirement of
390,000VND/month or more under the Decree No.235/HDBT dated September 18, 1985
of the Council of Ministers; with old salary coefficient of 3.06 or more under
the Decree No.25/CP and the Decree No.26/CP of May 23, 1993 of the Government;
with the new salary coefficient of 3.99 or more under the Resolution
No.730/2004/NQ-UBTVQHK11 dated September 30, 2004 of the Standing Committee of
the National Assembly, the Decision No.128/QD-TW dated December 14, 2004 of the
Secretariat of the Party Central Committee, the Decree No.204/2004/ND-CP of
December 14, 2004 and the Decree No.205/2004/ND-CP dated December 14, 2004 of
the Government.
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a. Increase 10% on the pension rate currently
being enjoyed for people having pension rate before the retirement of less than
425,000VND/month under the Decree No.235/HDBT dated September 18, 1985 of the
Council of Ministers; with old salary coefficient of less than 4.4 under the
Decree No.25/CP of May 23, 1993 of the Government; with the new salary
coefficient of less than 5.6 under the Decree No.204/2004/ND-CP of December 14,
2004 of the Government.
b. Increase 8% on the pension rate currently
being enjoyed for people having pension rate before the retirement of
425,000VND/month or more under the Decree No.235/HDBT dated September 18, 1985
of the Council of Ministers; with old salary coefficient of 4.4 or more under
the Decree No.25/CP of May 23, 1993 of the Government; with the new salary
coefficient of 5.6 or more under the Decree No.204/2004/ND-CP of December 14,
2004 of the Government.
3. Increase 10% on the allowances rate currently
being enjoyed for those who are being enjoyed to receive monthly allowance for
labor capacity loss; those who are being enjoyed to receive monthly allowance
according to the Decision No.91/2000/QD-TTg dated August 04, 2000 of the Prime
Minister; rubber workers being enjoyed to receive monthly allowance; commune,
ward or township officials being entitled to receive pension, monthly social
insurance allowance under the Decree No.121/2003/ND-CP of October 21, in 2003
and the Decree No.09/1998/ND-CP dated January 23, 1998 of the Government.
Article 3. The average of monthly
salaries paid for social insurance premiums used as basis to calculate pension
and lump-sum allowance as retirement, lump-sum social insurance allowance,
lump-sum death grant and the adjustment rate of pension for those who are being
enjoyed pension according to salary scale and payroll prescribed by the State,
the retirement and entitlement of social insurance allowance from October 01,
2005 to September 30, 2006 as follows:
1. The average of monthly salaries paid for
social insurance premiums used as basis to calculate pension and social
insurance allowance shall be defined as follows:
a. For the period paid for social insurance
before October 01, 2004: calculate according to the amount of salary enjoyed
and paid for social insurance premiums in accordance with provisions of the Resolution
No.35/NQ-UBTVQHK9 dated May 17, 1993 of the Standing Committee of the National
Assembly, the Decision No.69-QD/TW dated May 17, 1993 of the Secretariat of the
Party Central Committee, the Decree No.25/CP and the Decree No.26/CP of May 23,
1993 of the Government;
b. For the period paid for social insurance from
October 01, 2004 onwards: calculate according to the amount of salary enjoyed
and paid for social insurance premiums in accordance with provisions of the
Resolution No.730/2004/NQ-UBTVQHK11 September 30, 2004 of the National Assembly
Standing Committee; the Decision No.128/QD-TW dated December 14, 2004 of the
Secretariat of the Party Central Committee; the Decree No.204/2004/ND-CP and
the Decree No.205/2004/ND-CP of December 14, 2004 of the Government.
2. The adjustment of pension for the retirees
from October 01, 2005 to September 30, 2006 is done once at the month of
retirement by the following provisions:
The month of
retirement from 10/2005 to 9/2006
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Retirement in
the early 9 months of 2006
M10
M11
M12
M1
M2
M3
M4
M5
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M7
M8
M9
Adjustment rate (%)
14
13.5
13
12.5
12
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11
10.5
10
9.5
9.0
8.5
Article 4. For retirees subject to
governing of the provisions of Clause 2 of Article 1 of this Decree, then
adjust pension according to salary to be of scale of salary, payroll prescribed
by the State. The adjustment rates are made in accordance with provisions in Clause
1, Clause 2 of Article 2 and Clause 2 of Article 3 of this Decree.
Article 5. The average of monthly
salaries paid for social insurance for used as a basis for calculating pension
and pension adjustment rate for retirees pending enough age to enjoy pension
based on month pending and period for enough age to be entitled to receive
pension shall be defined as follows:
1. For retirees pending enough age to enjoy
pension before October 01, 2004 and eligible for enjoying pension during the
period from October 01, 2005 to October 01, 2006:
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b. Pension adjustment rate is regulated by the
pension adjustment rate for the retirees before October 01, 2004 in accordance
with provisions in Article 2 of the Decree No.208/2004/ND-CP and the pension
adjustment rate for the retirees before October 01, 2005 as stipulated in
Clause 1, Clause 2 of Article 2 of this Decree.
2. For retirees pending enough age to enjoy
pension from October 01, 2004 till before October 01, 2005 and eligible for
enjoying pension during the period from October 01, 2005 to before October 01,
2006:
a. The average of monthly salaries paid for
social insurance for used as a basis for calculating pension according to
provisions in Clause 1 of Article 3 of this Decree;
b. The pension adjustment rate is regulated by
the one for retirees from October 01, 2004 to September 30, 2005 provided for
in Clause 2 of Article 3 of the Decree No.208/2004/ND-CP and the pension
adjustment rate for retirees before October 01, 2005 as stipulated in Clause 1,
Clause 2 of Article 2 of this Decree.
3. For retirees pending enough age and eligible
for enjoying pension in the period from October 01, 2005 to before October 01,
2006:
a. The average of monthly salaries paid for
social insurance used as a basis for calculating pension is under the
provisions of Clause 1 of Article 3 of this Decree;
b. The pension adjustment rate is regulated by
the pension adjustment rate for retirees from October 01, 2005 to September 30,
2006 provided for in Clause 2 of Article 3 of this Decree.
Article 6. Funding for adjustment of
pensions, monthly social insurance allowances applied to the subjects defined
in Article 1 of this Decree shall be defined as follows:
1. For the subjects to be enjoyed social
insurance before October 01, 1995 ensured by state budget.
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Article 7. This Decree takes effect 15
days after its publication in the Official Gazette.
The subjects specified in Article 1 of this
Decree shall be entitled to receive pensions, monthly social insurance
allowances adjusted according to the provisions of this Decree from October 01,
2005.
Article 8.
1. Ministry of Labor, War Invalids and Social
Affairs shall:
a. Guide the implementation of the adjustment of
pensions and social insurance allowances specified in this Decree;
b. The Government continues to adjust pensions
and monthly social insurance allowances of the subjects defined in Article 1 of
this Decree from October 01, 2006 to October 01, 2007.
2. The Ministry of Finance is responsible for
ensuring funding of adjustment of pensions, social insurance allowances for the
subjects ensured by the State budget.
3. Vietnam Social Insurance is responsible for
ensuring funding of adjustment of pensions, social insurance allowances for the
subjects ensured by social insurance fund; guiding local social insurance
agencies to implement the adjustment of pension, social insurance allowance and
organize payment to the subjects in time, according to the provisions of this
Decree.
Article 9. The Ministers, heads of
ministerial-level agencies, heads of the Governmental agencies, chairmen of the
People's Committees of provinces and cities directly under the Central
Government are responsible for the implementation of this Decree.
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Phan Van
Khai
(Signed)