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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
76/2017/ND-CP
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Hanoi, June 30,
2017
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DECREE
ADJUSTMENTS TO
PENSIONS, SOCIAL INSURANCE BENEFITS AND MONTHLY BENEFITS
Pursuant to the Law on Government
Organization dated June 19, 2015;
Pursuant to the Law on
Social Insurance dated November 20, 2014;
Pursuant to the Law on
Occupational Safety and Sanitation dated June 25, 2015;
Pursuant to the National Assembly’s Resolution
No. 27/2016/QH14 dated November 11, 2016 on state budget estimates in 2017;
At the request of Minister of
Labour, War Invalids and Social Affairs;
The Government promulgates a Decree on adjustments to pensions, social insurance
benefits and monthly benefits.
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GENERAL PROVISIONS
Article 1. Regulated entities
This Decree provides for adjustment
to pensions, social insurance benefits and monthly benefits of the
following entities:
1. Officials, public employees
and workers (including persons participating in voluntary social
insurance, retired persons on monthly benefits transferred from Nghe An Farmers’ Social Insurance Fund under
the Prime Minister’s Decision No. 41/2009/QD-TTg dated March 16,
2009); servicemen, the People’s policemen, and cipher officers who are
receiving monthly pensions.
2. Officials of communes, wards and commune-level towns who are prescribed in the Government’s Decree
No. 92/2009/ND-CP dated October 22, 2009, Decree No. 121/2003/NĐ-CP dated
October 21, 2003 and Decree No. 09/1998/NĐ-CP dated
January 23, 1998 and are on pensions and monthly benefits.
3. Persons on monthly disability
benefits as prescribed by laws; persons on monthly
benefits as prescribed in the Prime Minister’s Decision No. 91/2000/QĐ-TTg dated
August 04, 2000, Decision No. 613/QĐ-TTg dated
May 06, 2010; rubber workers on monthly benefits.
4. Officials of communes, wards and commune-level towns on monthly
benefits under regulations in Decision No. 130/CP dated
June 20, 1975 of the Cabinet Council and Decision No. 111-HDBT
dated October 13, 1981 of the Council of Ministers.
5. Servicemen on
monthly benefits under regulations in the Prime Minister’s
Decision No. 142/2008/QD-TTg dated October 27, 2008, and Decision
No. 38/2010/QD-TTg dated May 06, 2010.
6. People’s policemen on monthly benefits under regulations in the Prime Minister’s Decision No. 53/2010/QD-TTg dated August 20, 2010.
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8. Persons on monthly
occupational accident or occupational disease benefits.
Article 2. Time of application and adjustment
rates
The pensions, social insurance benefits and monthly
benefits paid in June, 2017 to the entities prescribed in Article 1 herein
shall be increased by 7.44% as of July 01, 2017.
Article 3. Sources of funding
Funding for adjustments to pensions, social
insurance benefits and monthly benefits paid to entities prescribed in Article
1 herein is stipulated as below:
1. Funding for paying
pensions, social insurance benefits and monthly benefits to entities on social
insurance benefits before October 01, 1995; entities on monthly benefits as
prescribed in the Prime Minister’s Decision No. 91/2000/9QD-TTg dated August 01, 2000, Decision No. 613/QD-TTg
dated May 06, 2010 and entities prescribed in Clauses 4, 5, 6 and 7 Article 1
herein; entities on pensions as regulated by the Government’s 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 03, 2012 shall be covered by state
budget.
2. Pensions, social insurance
benefits and monthly benefits paid to entities on social insurance benefits
from October 01, 1995 onwards, including entities on pensions or monthly
benefits as prescribed in the Government's 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 shall be covered by the social insurance fund.
Article 4. Implementation
1. Minister of
Labour, War Invalids and Social Affairs shall be responsible for
instructing the adjustments to pensions, social insurance benefits and monthly
benefits in accordance with regulations in Clauses 1, 2, 3 and 8 Article 1
herein.
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3. Minister of
National Defence shall instruct the adjustment to monthly benefits paid
to entities prescribed in Clause 5 Article 1 and other entities under the
responsibility of Ministry of National Defence in
accordance with regulations in Clause 7 Article 1 herein.
4. Minister of Public Security shall
instruct the adjustment to monthly benefits paid to entities prescribed in
Clause 6 Article 1 and other entities under the responsibility of Ministry of
Public Security in accordance with regulations in Clause 7 Article 1 herein.
5. Ministry of Finance shall
be responsible for providing funding for adjustments to pensions, social
insurance benefits and monthly benefits of entities which must be covered by
state budget by funding from the central-government state budget’s estimate for
salary reform and downsizing in 2017 according to decision
of the National Assembly.
6. The Social Security
Administration of Vietnam shall be responsible for making adjustment
and payment of pensions, social insurance benefits and monthly
benefits to the entities prescribed in Clauses 1, 2, 3 and 8 Article 1
herein.7. The People’s Committees of provinces of central-affiliated cities shall be responsible for making adjustment and payment of monthly benefits to the entities prescribed
in Clauses 4, 5, 6 and 7 Article 1 herein.
Chapter II
IMPLEMENTATION PROVISIONS
Article 5. Entry into force
This Decree shall come into force as from August
15, 2017. Regulations in this Decree shall be implemented as from July 01,
2017.
Article 6. Implementation
responsibility
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc