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THE
MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
13/2011/TT-BLDTBXH
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Hanoi,
April 27, 2011
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CIRCULAR
GUIDING
ADJUSTMENT OF PENSION, SOCIAL INSURANCE ALLOWANCE AND MONTHLY ALLOWANCE BY
DECREE NO.23/2011/ND-CP DATED APRIL 04, 2011 AND DECREE NO.22/2011/ND-CP DATED
APRIL 04, 2011 OF THE GOVERNMENT
Pursuant
to the Decree No.186/2007/ND-CP dated December 25, 2007 defining the functions,
tasks, powers and organizational structure of the Ministry of Labor, Invalids
and Social Affairs;
Pursuant
to the Decree No.23/2011/ND-CP dated April 04, 2011 of the Government on
adjusting pensions, social insurance allowance and monthly allowance for
commune officials who retired (hereinafter referred to as Decree
No.23/2011/ND-CP);
Pursuant
to the Decree No.22/2011/ND-CP dated April 04, 2011 of the Government on common
minimum wage level (hereinafter referred to as Decree No.22/2011/ND-CP);
The
Ministry Of Labour, Invalids And Social Affairs guides adjustment of
pension, social insurance allowance and monthly allowance as follows:
Article 1. Subjects of
application
1. Officials, public servants,
workers, public employees and employees (including retirees enjoyed monthly
allowance transferred from social insurance funds of Nghe An farmers as
stipulated in Decision No.41/2009/QD-TTg dated March 16, 2009 of the Prime
Minister); military and people’s public security officers, those who engage
primary tasks in being enjoyed the pension before May 01, 2011.
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3. Those who are enjoying labor
incapacitation monthly allowances; people who are being enjoyed monthly
allowances under Decision No.91/2000/QD-TTg August 04, 2000, Decision
No.613/QD-TTg dated May 06, 2010 of the Prime Minister and rubber workers who
are being enjoyed monthly allowances before May 01, 2011.
4. Those who are enjoying
monthly allowances of occupational accidents and occupational diseases before
May 01, 2011.
5. Those who are enjoying
monthly death grant before May 01, 2011.
6. Those who are enjoying
allowances of sickness, maternity before May 01, 2011 to be subject to the wage
regime prescribed by the State and from May 01, 2011 onwards, they are still
enjoyed allowance as prescribed.
Article 2. Adjustment of
pensions and social insurance allowances and monthly allowances
1. Persons specified in Clauses
1, 2 and 3 of Article 1 of this Circular who are being enjoyed pensions,
monthly allowances, pensions level and monthly allowances are adjusted as
follows:
Pensions
level, monthly allowances from 01/5/2011
=
Pensions
level, monthly allowances 4/2011
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1.137
Example 1:
Mr. A, with his pension level in 4/2011 is 1,938,027 VND/month.
Mr.A’s
pension level from 5/2011 is adjusted as follows:
1,938,027
VND/month x 1.137 = 2,203,537 VND/month
Example 2:
Mr. B, rank of Captain, with his pension level in 4/2011 is 2,544,983
VND/month.
Mr. B's
pension level from 5/2011 is adjusted as follows:
2,544,983
VND/month x 1.137 = 2,893,646 VND/month
Example 3: Mr. C is a
retired commune official, enjoyed monthly allowance as prescribed in Decree
No.09/1998/ND-CP, with allowance level in 4/2011 is 947,046 VND/month.
Mr.C’s
monthly allowance level for from 5/2011 is adjusted as follows:
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Example 4:
Mr. D, left his job enjoyed monthly allowance for labor incapacitation, with
allowance level in 4/2011 is 1,028,407 VND/month.
The allowance
for Mr.D’s labor incapacitation in 5/2011 is adjusted as follows:
1,028,407
VND/month x 1.137 = 1,169,299 VND/month
2. Persons specified in clause 4
of Article 1 of this Circular, the allowance levels of occupational accidents
and occupational diseases are adjusted monthly as follows:
a) For persons who are being
enjoyed occupational accidents and occupational diseases:
The
monthly allowance for labor accident or occupational disease from 01/5/2011
=
The
allowance for labor accident or occupational disease in 4/2011
x
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Example 5: Mr. G, is
being enjoyed monthly occupational accident allowance, with allowance level in
4/2011 is 436,671 VND/month.
The monthly allowance level for
Mr.G’s occupational accident from 5/2011 is adjusted as follows:
436,671
VND/month x 1.137 = 496,495 VND/month
b) For people
with occupational accident or occupational disease were completely treated and
left hospital or the conclusion of the Council of Medical Examination (for the
case of outpatient treatment) within the period from May 01, 2010 to April 30,
2011 that have not been solved their allowance regime of labor accidents and
occupational diseases, it is still calculated by the common minimum wage level
at the month of leaving the hospital or the conclusion of the Council of
Medical Examination; from May 01, 2011, the allowance level of these persons
are adjusted under the provisions of point a of this clause.
c) For people
with occupational accidents and occupational diseases who are being enjoyed
service allowance, from May 01, 2011, the monthly service allowance level is
calculated according to the general minimum wage level as 830,000 VND/month.
3. For people
enjoyed monthly death grant prescribed in clause 5 of Article 1 of this
Circular, the allowance level is adjusted as follows:
a) Death
grant level for connected person being enjoyed monthly death grant from May 01,
2011 is calculated at common minimum wage as 830,000 VND/month.
Example 6:
Mr. H, are being enjoyed death grant for connected person without direct person
to care for with a monthly allowance equal to 70% of the common minimum wage.
From May 01, 2011 the monthly allowance level of Mr. H is:
70%
x 830,000 VND/month = 581,000 VND/month.
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4. Persons specified in clause 6
of Article 1 of this Circular that from May 01, 2011 onwards, they are still
enjoyed allowance, the allowance level of the remaining enjoyed time shall be
calculated according to the common minimum wage as 830,000 VND/month.
5. The military and people’s
public security officers who were transferred their sectors and retired due to
labor incapacitation and have been enjoyed allowance of transferring sector
under the provisions of Article 3 of Decision No.812/TTg December 12, 1995 of
the Prime Minister, then from May 01, 2011 the allowances for transferring
sector are calculated at the common minimum wage level as 830,000 VND/month.
6. Pensioners who live alone as
stipulated in Article 2 of Decision No.812/TTg December 12, 1995 of the Prime
Minister, if the pension level is adjusted under clause 1 of this Article less
than 1,245,000 VND/month, then from May 01, 2011 it is adjusted by 1,245,000
VND/month.
Article 3. Organization of
implementation
1. Ministry of Labour - Invalids
and Social Affairs presides over and coordinates with the Ministry of Finance,
Ministry of Defense, Public Security to inspect the implementation as
stipulated in Decree No.23/2011/ND-CP and Decree No.22/2011/ND-CP and this
Circular.
2. People's Committees of
provinces and cities directly under the Central Government shall direct the
Departments of Labour - Invalids and Social Affairs and related function
agencies to inspect and urge the implementation of the provisions of this
Circular.
3. Vietnam Social Insurance is
responsible for implementing the adjustment of pensions and social insurance
allowances and monthly allowances as prescribed in Decree No.23/2011/ND-CP and
Decree No.22/2011 / ND-CP and the guidance in this Circular; making reports in
the form attached to this Circular and send to the Ministry of Labour -
Invalids and Social Affairs and Ministry of Finance before June 15, 2011.
Article 4. Effect
This Circular takes effect 45
days from the date of signing; the regimes prescribed in this Circular shall be
implemented as from May 01, 2011.
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FOR
MINISTER
DEPUTY MINISTER
Pham Minh Huan
SUMMARY TABLE
OF
NUMBER OF SUBJECTS ENJOYED SOCIAL INSURANCE AND TOTAL ADDITIONAL FUNDS
(Together with Circular No.13/2011/TT-BLDTBXH dated April 27, 2011 of
Ministry of Labor – Invalids and Social Affairs)
Subjects
Number
of persons enjoyed regime in 5/2011
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Total
funds paid in 5/2011, not yet adjusted
(million
dong)
Total
funds paid in 5/2011, have been adjusted by Decree No.23/2011/ND-CP and
Decree No.22/2011/ND-CP
(million
dong)
Total
funds additionally increased due to adjusted by Decree No.23/2011/ND-CP and
Decree No.22/2011/ND-CP
(million
dong)
(1)
(2)
(3)
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(5)
= (4) – (3)
1. Compulsory social
insurance pension:
+ In which: guaranteed by
state budget
2. Labor incapacitation:
3. Monthly allowance by
Decision No.91/2000/QD-TTg, Decision No.613/QD-TTg
4. Rubber workers:
5. Officials of communes,
wards, townships:
6. Monthly occupational
accident allowance:
+ In which:
guaranteed by state budget
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+ In which: guaranteed by
state budget
8. Compulsory social
insurance monthly death grant:
+ In which: guaranteed by
state budget
9. Voluntary social
insurance pension (including monthly allowance transferred from social insurance funds of Nghe An farmers)
10. Compulsory social
insurance monthly death grant
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Prepared
by
(Sign)
Head
of the Unit
(Sign, seal)