THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No: 44/2019/ND-CP
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Hanoi, May 20 2019
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DECREE
ADJUSTMENTS RETIREMENT PENSIONS,
SOCIAL INSURANCE ALLOWANCES AND MONTHLY BENEFITS
Pursuant
to Law on the Government organization dated June 19 2015;
Pursuant
to Law on Social insurance dated November 20 2014;
Pursuant
to Law on Occupational Safety and Hygiene dated June 25 2015;
Pursuant
to Resolution 70/2018/QH14 dated November 09 2018 of the National Assembly on
State budget estimates 2019;
At the
proposal of Ministry of Labor, War Invalids and Social Affairs
The
Government promulgates a Decree on adjusting retirement pensions, social
insurance allowances and monthly benefits.
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GENERAL
PROVISIONS
Article 1. Regulated entities
This
Decree provides for adjustments to amounts of retirement
pensions, social insurance allowances and monthly benefits for the following
entities registering before July 1 2019:
1.
Officials, public employees and workers (including those contributing social
insurance voluntarily and retired people transferred from Social Insurance Fund
of farmers of Nghe An province as prescribed in Decision No. 41/2009/QD-TTg
dated March 16, 2009 of the Prime Minister); soldiers, people’s police and
cipher officers who are receiving monthly retirement pensions.
2.
Officers of communes, wards and commune-level towns (hereinafter referred to as
“communes”) prescribed in Government's Decree No. 92/2009/ND-CP
dated October 22, 2009, Government's Decree No. 121/2003/ND-CP dated October
21, 2003 and Government's Decree No. 09/1998/ND-CP dated January 23, 1998 who
are receiving monthly retirement pensions and benefits.
3. Those
who are receiving monthly work-capacity loss allowance as per the law; those
who are on monthly benefits as prescribed in Decision No. 91/2000/QD-TTg dated
August 4, 2000, Decision No. 613/QD-TTg dated May 6, 2010 of the Prime
Minister; workers in the rubber-manufacturing industry on monthly benefits.
4.
Officers of communes who are on monthly benefits as prescribed in Decision No.
130/CP dated June 20, 1975 of Government Council and Decision No. 111-HDBT
dated October 13, 1981 of Council of Ministers.
5.
Soldiers who are on monthly benefits as prescribed in Decision No.
142/2018/QD-TTg dated October 27, 2008, and Decision No. 38/2010/QD-TTg dated
May 06, 2010 of the Prime Minister.
6. Police
officers who are receiving monthly benefits as prescribed in Decision No.
53/2010/QD-TTg dated August 20, 2010 of the Prime Minister.
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8. Those
who are receiving monthly occupational accidents, disease benefits.
Article 2. Time and rate of adjustment
From July
01 2019, the amount of retirement pensions, social insurance allowances and
monthly benefits payable to the prescribed in Article 1 of this Decree
increase by 7.19% compared to the amount of June 2019.
Article 3. Funding
Funding
for adjustments of retirements pensions, social insurance allowances and
monthly allowances for the entities prescribed in Article 1 of this Decree
shall be provided as follows:
1. State
budget pay the pensions, social insurance benefits and monthly benefits
to the beneficiaries of social insurance before October
1, 1995; those who are on monthly allowance according to Decision No.
91/2000/QD-TTg dated August 4, 2000, Decision No. 613/QD-TTg dated May 6, 2010
of the Prime Minister and those prescribed in Clauses 4, 5, 6 and Clause 7
Article 1 hereof; those who are on retirement pensions prescribed in Decree No.
159/2006/ND-CP dated December 28, 2006, Decree No. 11/2011/ND-CP dated January
30, 2011 and Decree No. 23/2012/ND-CP dated April 3, 2012 of the Government
2. Social
Insurance Fund pay the pensions, social insurance benefits and monthly benefits
to the beneficiaries of social insurance from October
1, 1995 onwards, including those who are on retirement pensions and monthly
allowances as prescribed in Decree No. 92/2009/ND-CP dated October 22, 2009,
Decree No. 121/2003/ND-CP dated October 21, 2003 and Decree No. 09/1998/ND-CP
dated January 23, 1998 of the Government.
Article 4. Implementation
1. The
Minister of Labour - Invalids and Social Affairs shall provide guidelines for
adjustment of retirement pensions, social insurance allowances and monthly
allowances as prescribed in Clauses 1, 2, 3 and Clause 8 Article 1 hereof.
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3. The
Minister of National Defense shall provide guidelines for adjustment of
retirement pensions, social insurance allowances and monthly allowances for
entities prescribed in Clause 5 Article 1 hereof and those under the management
of the Ministry of National Defense prescribed in Clause 7 Article 1 hereof.
4. The Minister
of Public Security shall provide guidelines for adjustment of retirement
pensions, social insurance allowances and monthly allowances for entities
prescribed in Clause 6 Article 1 hereof and those under the management of the
Ministry of Public Security prescribed in Clause 7 Article 1 hereof.
5. The
Ministry of Finance shall provide sufficient funding for adjusting retirement
pensions, social insurance allowances and monthly allowances for beneficiaries
of state budget.
6.
Vietnam Social Security shall make the adjustments and pay retirement pensions,
social insurance allowances and monthly allowances for entities prescribed in
Clauses 1, 2, 3 and Clause 8 Article 1 hereof.
7.
People’s committees of provinces and central-affiliated cities shall adjust and
pay retirement pensions, social insurance allowances and monthly allowances for
entities prescribed in Clauses 4, 5, 6 and Clause 7 Article 1 hereof.
Chapter II.
IMPLEMENTATION
CLAUSES
Article 5. Entry in force
This
Decree takes effect on July 01 2019.
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Ministers,
Heads of ministerial-level agencies, Heads of Governmental agencies, the
Presidents of People’s Committees of provinces and central-affiliated cities
shall implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc