Circular No. 01/LDTBXH-TT guiding the implementation of Decision No. 812/TTg dated December 12, 1995

CIRCULAR

Guidelines for implementing Decision No. 812/TTg dated December 12, 1995 of the Prime Minister

MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS

THE GOVERNMENT

Implementing Decision No. 812/TTg dated December 12, 1995 of the Prime Minister regarding the supplementation of beneficiaries entitled to long-term disability allowances; additional allowances for single retirees and military personnel transferred to civilian jobs upon retirement; the Ministry of Labor, Invalids, and Social Affairs guides and implements as follows:

I. BENEFICIARIES AND AMOUNTS OF DISABILITY ALLOWANCES TO BE RECEIVED.

1. The additional beneficiaries entitled to long-term disability allowances as stipulated in Article 1 of Decision No. 812/TTg dated December 12, 1995 of the Prime Minister include:

a- Individuals who have worked for at least 20 years (without conversion) and are currently receiving monthly disability allowances according to Decree No. 236/HĐBT dated September 18, 1995 and Point c, Item 3 of Decision No. 176/HĐBT dated October 19, 1989 of the Council of Ministers (now the Government).

b- Individuals who have worked for at least 20 years (without conversion) and ceased to receive disability allowances after March 1, 1990 shall be reinstated to receive monthly disability allowances from January 1, 1996. The period during which they did not receive disability allowances before January 1, 1996 will not be backpaid.

2. The amount of monthly disability allowance to be received is as follows:

a- For individuals falling under Point a, Clause 1 above, who are still receiving monthly disability allowances, their current allowance will remain unchanged.

Example:

A worker with 20 years of actual service (without conversion) who retired due to disability and was receiving a monthly allowance of 130,000 VND as of January 1, 1996 will continue to receive that allowance.

b- For individuals falling under Point b, Clause 1 above, the allowance will be calculated as follows:

- If they ceased to receive allowances after March 1, 1990 and before December 1, 1993, it will be calculated using the formula:

Allowance received = Allowance calculated according to Decision + Price adjustment allowance + Housing subsidy + Education allowance

203/HĐBT + Price adjustment allowance + Housing subsidy + Education allowance

1.1.1996 + Price adjustment allowance + Housing subsidy + Education allowance

28.12.1988 + Housing subsidy + Education allowance

13/LB-TT + Housing subsidy + Education allowance

Example 1:

06/LB-TT + Housing subsidy + Education allowance

2.6.1993 + Housing subsidy + Education allowance

4.2.1994 + Housing subsidy + Education allowance

(The price adjustment allowance is calculated at 125% of the allowance calculated according to Decision No. 203/HĐBT, electricity price adjustment allowance according to Circular No. 04/TT-LB dated February 28, 1992 of the Ministry of Labor, Invalids, and Social Affairs - Finance, housing subsidy according to Decision No. 118/TTg dated November 27, 1992 of the Prime Minister, education allowance according to Decision No. 117/TTg dated November 27, 1992 of the Prime Minister)

A worker with 20 years of actual service (without conversion) who retired due to disability and ceased to receive allowances from April 1, 1990, now receives long-term allowances from January 1, 1996 as follows:

- Allowance calculated according to Decision No. 203/HĐBT: 17,256 VND

- Price adjustment allowance: 22,981 VND

- Electricity price adjustment allowance: 18,405 VND

- Housing subsidy: 33,000 VND

Example:

- Education allowance: 2,588 VND

Total: 94,230 VND

94,230 VND x 20% x 145% = 163,960 VND

- If they ceased to receive allowances from December 1, 1993 onwards, the allowance to be reinstated is the amount of the last month before cessation (as the allowance from December 1, 1993 has been recalculated based on full salary).

A worker with 24 years of actual service (without conversion) who retired due to disability and ceased to receive allowances from January 1, 1994, with the last allowance being 150,000 VND, will receive 150,000 VND starting from January 1, 1996.

II. ADDITIONAL ALLOWANCE FOR SINGLE RETIREES.

1. Beneficiaries entitled to additional allowances as stipulated in Article 2 of Decision No. 812/TTg include:

- Retirees living in centralized care facilities of the labor, invalids, and social affairs sector;

- Retirees living alone without a spouse or children, or without children and no other source of income except pension;

Example:

- Retirees with a spouse or child living together but these individuals are mentally ill or disabled (with a disability rate of 81% or higher) and the retiree has no other source of income except pension.

2. The additional allowance for those falling under Point 1 above, if their monthly pension is less than 180,000 VND, will be supplemented to reach 180,000 VND/month, calculated as follows:

Additional allowance = 180,000 VND - Monthly pension

Plus an additional month in December 1995

An official who retired and was receiving a pension of 160,000 VND/month before January 1, 1996, will receive an additional allowance of:

180,000 VND - 160,000 VND = 20,000 VND

III. ALLOWANCE FOR MILITARY PERSONNEL AND POLICE TRANSFERRED TO CIVILIAN JOBS UPON RETIREMENT OR DISABILITY RETIREMENT

2. The additional monthly allowance specified in Article 3 of Decision No. 812/TTg is as follows:

Additional Allowance Number of years served in the military Basic Salary

from January 1, 1996 = police x 1% x minimum

- The current minimum basic salary is calculated according to Decree No. 25/CP dated May 23, 1993, which is 120,000 VND.

- The number of years served in the military or police is counted in full years (12 months). In cases where there is both military and police service, these periods are combined to calculate the total number of years served. If the service was interrupted, the periods are accumulated.

Example:

A person who served for 20 years in the military, then transferred to the police for 10 years and 9 months, and left the police force to join the administrative sector in May 1990, retiring in November 1995, will be entitled to the additional monthly allowance from January 1, 1996, as follows:

- Total time served in the military and police:

20 years + 10 years 9 months = 30 years 9 months

- Time eligible for additional allowance: 30 years

- Additional monthly allowance from January 1, 1996:

30 years x 1% x 120,000 VND = 36,000 VND

IV. IMPLEMENTATION

1. Provincial Departments of Labor, Invalids, and Social Affairs shall be responsible for organizing guidance for agencies, units, and subjects in their locality and inspecting the implementation of the allowance system for the subjects stipulated in this Circular.

2. The Vietnam Social Security shall be responsible for directing provincial social security offices to implement procedures for granting and disbursing allowances as prescribed in this Circular. At the same time, they shall compile the number of subjects and allowance funds and report them to the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance.

3. Procedures and documents for implementing the allowance system

a - For those currently receiving monthly disability allowances, the provincial social security office shall review the files. If they meet the conditions for long-term allowances as stipulated in Section I of this Circular, they shall issue a decision to continue the monthly allowance according to the existing allowance book without requiring a new one.

b - For those eligible for reconsideration of monthly disability allowances due to having worked for 20 years or more and having ceased to receive such allowances after March 1, 1990, the district labor, invalids, and social affairs department shall base on the subject's file to prepare a list and submit it to the provincial labor, invalids, and social affairs department. The provincial department shall compile a comprehensive list and confirm the number of subjects in the province and send it to the provincial social security office. The Director of the provincial social security office shall issue a decision based on the list and file for the subject to receive disability allowances. If there are any issues, they shall refer them to the provincial labor, invalids, and social affairs department for review.

c - For single retirees with a pension below 180,000 VND/month living in social welfare facilities under the Department of Labor, Invalids, and Social Affairs, the Director of the facility shall prepare a list and submit it to the provincial social security director for consideration and decision. For single retirees living in communes or wards, they must submit an application with confirmation of their family circumstances from the commune or ward People's Committee to the provincial labor, invalids, and social affairs department for consideration.

The provincial labor, invalids, and social affairs department shall prepare a list and send it to the provincial social security office. Based on this list, the Director of the provincial social security office shall decide on the allowance.

d - For military personnel and police officers who have transferred sectors and retired or stopped working due to disability:

- The Director of the provincial social security office shall base on the retirement or disability files currently managed to determine the period of service in the military or police for each individual and issue a decision on the allowance without requiring the subject to self-declare or submit an application.

- For those still working, when retiring, the subject must clearly declare their service history in the military or police in their retirement file, and the head of the agency or unit shall confirm based on the original record.

- If the declaration is unclear, the subject must present related documents such as officer records, military records, party member records, work books, and certificates of medals and awards to clarify the period of service in the military or police.

4. Allowance funding.

The source of funds for paying the allowances stipulated in this Circular shall be guaranteed by the state budget.

5. This Circular takes effect from January 1, 1996. Those entitled to benefits under this Circular shall receive allowances from January 1, 1996. If the procedures delay the payment, they shall be entitled to back payments. In cases where individuals who were eligible to resume disability allowances but did not receive them and died from January 1, 1996 onwards, in addition to back payments, their families shall also be entitled to funeral expenses and survivor benefits.

During implementation, if there are any issues, they should be reported to the Ministry of Labor, Invalids, and Social Affairs for review and resolution.