|
THE
GOVERNMENT
------
|
THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
-------------
|
|
No.122/2008/ND-CP
|
Hanoi,
December 04, 2008
|
DECREE
ON THE
IMPLEMENTATION OF WEIGHTING FOR PENSIONERS, PEOPLE ENTITLED LUMP-SUM SOCIAL
INSURANCE, MONTHLY ALLOWANCE FOR LABOUR HEATH LOSS AND LABOUR ACCIDENTS,
OCCUPATIONAL DISEASES
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government on December 25, 2001;
Pursuant to Labor Code dated June 23, 1994;
the Law Amending and Supplementing a Number of Articles of the Labor Code dated
April 02, 2002; the Law Amending and Supplementing a Number of Articles of the
Labor Code dated November 29, 2006;
Pursuant to the Law on Social Insurance dated
June 29, 2006;
At the proposal of the Minister of Labor, War
Invalids and Social Affairs, the Minister of Home Affairs, the Minister of
Finance,
DECREE
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
This Decree provides for weighting for
pensioners, people entitled lump-sum social insurance, monthly allowance for
labor heath loss and labor accidents, occupational diseases.
Article 2. Subjects and scope of application
1. Retired workers who are eligible for pension
or entitlement of lump-sum social insurance from January 01, 2007 onwards,
which previously have paid social insurance including weighting, then apart
from enjoying pension or lump-sum social insurance according to provisions,
they are entitled to receive a lump-sum allowance corresponding to the time and
amount of weighting that has paid for social insurance.
2. Those who are entitled to receive pensions,
monthly allowance for labor heath loss and labor accidents, occupational
diseases before January 01, 2007, residing in a place where has weighting shall
be entitled to receive weighting by the rate currently being received (not
adjusted according to common minimum wage) until the new regulations of the
Government are issued.
Article 3. Source of funding for payment for
lump-sum allowance to the subjects defined in Article 2 of this Decree as
follows:
1. Source of funding for payment for lump-sum
allowance to the subjects defined in Clause 1 Article 2 of this Decree is as
follows:
a. Lump-sum allowance for the working time at
the place where there is weighting before January 01, 1995 is ensured by the
State budget;
b. Lump-sum allowance for the working time from
January 01, 1995 onwards with paying for social insurance, including weighting
is ensured by the social insurance fund.
2. Source of funding for payment for weighting
to the subjects defined in Clause 2 Article 2 of this Decree is as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b. Those who are being entitled to receive
pensions, monthly allowance for labor heath loss and labor accidents,
occupational diseases is paid by the social insurance fund, weighting is
ensured by social insurance fund.
Article 4. Effect
1. This Decree takes effect 15 days after its
publication in the Official Gazette.
The provisions mentioned in this Decree are made
from January 01, 2007.
2. The provisions mentioned in this Decree
replace the previous regulations on weighting for pensioners, people enjoying
monthly allowance for labor heath loss and labor accidents, occupational
diseases.
Article 5. Responsibilities for guiding the
implementation
The Ministry of Labor, War Invalids and Social
Affairs presides over and coordinates with the relevant ministries and branches
to guide the implementation of this Decree.
Article 6. Responsibility for the
implementation
The Ministers, heads of ministerial-level
agencies, the heads of the Governmental agencies, Presidents of the People's
Committees of provinces and cities directly under the Central Government are
responsible for the implementation of this Decree.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
FOR THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung