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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