This Circular stipulates the adjustment of pensions for those who retired under Decree No. 161/CP and Decree No. 236/HĐBT. Specifically, the increase in pension levels is based on whether they held leadership positions or not.
적용 범위
Persons receiving pensions under Decree No. 161/CP - Persons receiving pensions under Decree No. 236/HĐBT
핵심 사항
- Those holding leadership positions with rank allowances will have their pensions increased more than those without leadership positions.
- The increase in pension levels is based on statistical data regarding the number of beneficiaries and pension expenditure in 2003, January 2004, and the total additional fund due to the adjustment according to Decree No. 31/2004/NĐ-CP.
- This Circular also provides detailed regulations on leadership positions in the military, police, and cryptographic services that are entitled to equivalent position allowances.
- Report on the additional total fund due to the adjustment of pensions according to Decree No. 31/2004/NĐ-CP for each specific beneficiary.
🌐 이 문서의 사회적 영향
- To improve the material and spiritual life of retirees.
- To strengthen the stability of the pension system and ensure social equity.
❓ 자주 묻는 질문
Who does this Circular apply to?
This Circular applies to persons receiving pensions under Decree No. 161/CP and Decree No. 236/HĐBT, including the military, police, and cryptographic services.
How is the increase in pension levels determined?
The increase in pension levels is based on whether they held leadership positions or not. Those holding leadership positions with rank allowances will have higher increases compared to those without leadership positions.
What impact does this Circular have on society?
This Circular helps improve the material and spiritual life of retirees while strengthening the stability of the pension system and ensuring social equity.
전문
JOINT CIRCULAR
Guidelines for implementing adjustments to pension benefits
of those who retired before April 1993 according to Decree
No. 31/2004/NĐ-CP dated January 19, 2004 of the Government.
Implementing Decree No. 31/2004/NĐ-CP dated January 19, 2004 of the Government on adjusting the level of pension benefits for those who retired before April 1993; following consultations with the Ministry of Home Affairs, the Ministry of Public Security, and the Vietnam General Confederation of Labor, the Joint Ministries of Labor, War Invalids and Social Affairs, Finance, and National Defense provide guidelines for implementing the adjustment of pension levels as follows:
I - APPLICABLE OBJECTS.
The objects subject to the adjustment of pension levels as stipulated in Clause 1 and Clause 2, Article 1 of Decree No. 31/2004/NĐ-CP dated January 19, 2004 of the Government include:
1. Workers and civil servants who have retired under Decree No. 218/CP dated December 27, 1961 of the Government and Decree No. 236/HĐBT dated September 18, 1985 of the Council of Ministers (now the Government);
2. Officers, non-commissioned officers, professional military personnel, and those receiving salaries according to the pay scale of the armed forces who have retired under Decree No. 161/CP dated October 30, 1964 of the Government and Decree No. 236/HĐBT dated September 18, 1985 of the Council of Ministers (now the Government);
II - CALCULATION METHOD FOR ADJUSTED PENSION BENEFITS.
Those who have retired and fall within the scope defined in Section I above shall be entitled to receive their pensions from January 1, 2004, as follows:
1. For workers and civil servants who have retired.
Those who have retired under Decree No. 218/CP dated December 27, 1961 of the Government and Decree No. 236/HĐBT dated September 18, 1985 of the Council of Ministers (now the Government), their pensions will be calculated as follows:
Example 1: Mr. Nguyen Van A, a Grade 4 specialist who retired in June 1985 under Decree No. 218/CP, currently receives a monthly pension of 600,000 VND. From January 1, 2004, his pension will be calculated as follows:
600,000 VND/month x 1.07 = 642,000 VND/month
Example 2: Mr. Nguyen Van B, a Grade 5 specialist who retired in June 1993 but was entitled to receive a pension according to the provisions of Decree No. 236/HĐBT, currently receives a monthly pension of 650,000 VND. From January 1, 2004, his pension will be calculated as follows:
650,000 VND/month x 1.07 = 695,500 VND/month
2. For officers, non-commissioned officers, professional military personnel, and those receiving salaries according to the pay scale of the armed forces who have retired under Decree No. 161/CP dated October 30, 1964 of the Government and Decree No. 236/HĐBT dated September 18, 1985 of the Council of Ministers (now the Government).
a. Those who retire without holding leadership positions will have their pensions calculated as follows:
Example 3: Mr. Nguyen Van C, a Major, assistant officer of the corps, retired in October 1984 under Decree No. 161/CP, currently receives a monthly pension of 900,000 VND. From January 1, 2004, his pension will be calculated as follows:
900,000 VND/month x 1.07 = 963,000 VND/month
Example 4: Mr. Nguyen Van D, a Lieutenant Colonel, assistant officer of the Ministry of National Defense, retired in November 1993 but was entitled to receive a pension according to the provisions of Decree No. 236/HĐBT, currently receives a monthly pension of 1,400,000 VND. From January 1, 2004, his pension will be calculated as follows:
1,400,000 VND/month x 1.07 = 1,498,000 VND/month
Example 5: Mr. Nguyen Van T, a specialist enjoying the rank allowance of security, retired in March 1993 according to the provisions of Decree No. 236/HĐBT, currently receives a monthly pension of 1,600,000 VND. From January 1, 2004, his pension will be calculated as follows:
1,600,000 VND/month x 1.07 = 1,712,000 VND/month
b. Those receiving rank allowances who hold leadership positions at retirement, as recorded in the Decision on Retirement corresponding to the leadership positions entitled to leadership position allowances listed in Appendix 1 attached to this Circular, in addition to the additional increase of 7% stipulated in Point a, Clause 2, Article 1 of Decree No. 31/2004/NĐ-CP dated January 19, 2004 of the Government, will also receive an additional increase of 2% of their current pension. The pension from January 1, 2004, will be calculated as follows:
Example 6: Mr. Nguyen Van E, a Lieutenant Colonel, regiment commander, retired in February 1993 under Decree No. 236/HĐBT, currently receives a monthly pension of 1,400,000 VND. From January 1, 2004, his pension will be calculated as follows:
1,400,000 VND/month x 1.09 = 1,526,000 VND/month
Example 7: Mr. Nguyen Van G, a Senior Colonel, Director of the Provincial Department of Public Security, retired in January 1993 under Decree No. 236/HĐBT, currently receives a monthly pension of 1,500,000 VND. From January 1, 2004, his pension will be calculated as follows:
1,500,000 VND/month x 1.09 = 1,635,000 VND/month
3. The method of adjusting pensions as outlined above does not include regional allowances.
III - IMPLEMENTATION ORGANIZATION.
1. The Ministry of Labor, War Invalids and Social Affairs, the Ministry of Finance, and the Ministry of National Defense are responsible for organizing guidance, inspecting the implementation situation, and resolving issues within their respective areas of responsibility during the implementation of this Circular.
2. People's Committees of provinces and centrally governed cities are responsible for directing the Departments of Labor, War Invalids and Social Affairs and relevant agencies to inspect, urge the implementation of the provisions of this Circular.
3. The Vietnam Social Insurance is responsible for organizing guidance, inspection, urging local social insurance agencies to implement pension adjustments and timely payment to eligible recipients in accordance with regulations, while reporting according to Appendix 2 attached to this Circular to the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance.
4. Additional funds resulting from pension adjustments as stipulated in this Circular will be provided by the Ministry of Finance to the Vietnam Social Insurance from the central budget.
IV - EFFECTIVE PROVISIONS
1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.
The adjusted pension benefits stipulated in this Circular shall take effect from January 1, 2004.
2. Any difficulties encountered during implementation should be reported to the Joint Ministries for study and resolution.
Place of Receipt:
- Prime Minister, Deputy Prime Ministers;
- National Assembly's Office;
- President's Office;
- Government Office;
- Central Party Office and Party Committees;
- Ministries, ministerial-level agencies, and government agencies;
- Supreme People's Court;
- Supreme People's Procuracy;
- Vietnam Social Security;
- People's Committees of provinces and centrally governed cities;
- Departments of Labor, Invalids and Social Affairs, Departments of Finance, Military Command Departments of provinces and centrally governed cities;
- Official Gazette;
- To be filed with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Ministry of National Defense.
Appendix 1:
LIST
Leadership positions in the military, police, and cryptologic sector
serve as the basis for adjusting pension benefits according to paragraph b Clause 2 Article 1 Decree
number 31/2004/NĐ-CP dated January 19, 2004 of the Government
(Annexed to Circular Joint Number 03/2004/TTLT-BLDTBXH-BTC-BQP dated 04 the 3 year 2004 of the Joint Ministry of Labor, Invalids and Social Affairs - Finance - Defense)
A. LEADERSHIP POSITIONS IN THE MILITARY
I. BASIC POSITION GROUPS:
- Minister of National Defense;
- Deputy Minister of National Defense;
- Chief of General Staff, Deputy Chief of General Staff;
- Commander, Deputy Commander of Military Region, Military Branch;
- Director, Deputy Director of General Departments (Political, Logistics, Engineering, Defense Industry, Economic Construction, General Department 2);
- Division Commander, Deputy Division Commander;
- Brigade Commander, Deputy Brigade Commander;
- Regiment Commander, Deputy Regiment Commander;
- Battalion Commander, Deputy Battalion Commander;
- Company Commander, Deputy Company Commander;
- Platoon Leader, Deputy Platoon Leader;
- Squad Leader, Squad Deputy.
II. EQUIVALENT TITLES WITH LEADERSHIP POSITIONS ACCORDING TO SEVERAL BLOCKS (INCLUDING HEAD AND DEPUTY LEVELS, MILITARY, POLITICAL, LOGISTICS, ENGINEERING, SPECIALIZATION) OF:
1. Special Forces Team, Border Guard Team, Vehicle Team, Border Guard Post, Special Forces Unit, Department, Ship, Boat, Naval Squadron, Naval Group, various units under specialized fields, naval region; County Militia, District Militia, City Militia, Military Command Board of County, District, City; Provincial Militia, City Militia, Provincial Military Command Board under Central Administration; Military Protection Corps, Inspection Department, Border Guard Command, Military Prosecution Offices, Military Courts; Command Centers, Scientific Research Centers.
2. Various Boards, Departments, Bureaus, Institutes, Offices under command, political, logistics, engineering agencies from regiment level to Ministry of National Defense; Party Inspection Committee, Youth Work Committee, Women's Work Committee, Trade Union at all levels.
3. Military academies, schools (officer training school, university, college, technical secondary, junior technical, young soldier training, vocational training): class, system, department, faculty, board, office, bureau, Board of Directors, Board of Management.
4. Military hospitals, medical stations: various boards, departments, offices, Medical Station Command Board, Hospital Management Board; Command of medical treatment teams, epidemic prevention teams in the military.
5. Types of warehouses (General Warehouse, Branch Warehouse, Station): warehouse command, various offices, boards, warehouse teams.
6. State-owned enterprises, companies, factories: Board of Directors, board, foreman, team, workshop.
B. LEADERSHIP POSITIONS IN THE POLICE
I. BASIC POSITION GROUPS:
1. Police agency at the Ministry level:
- Minister;
- Deputy Minister;
- Director-General, Deputy Director-General;
- Department Head, Bureau Chief, Institute Director, Deputy Department Head, Deputy Bureau Chief, Deputy Institute Director;
- Section Chief, Deputy Section Chief.
2. Police agency at provincial and centrally-administered city level:
- Director, Deputy Director of Provincial Public Security Office;
- Director, Deputy Director of Provincial Public Security;
- Head, Deputy Head of Security and Police Command Board of Province;
- Section Chief, Deputy Section Chief under Provincial Public Security Office.
3. Police agency at district, county, town, city under province level:
Head, Deputy Head of District, County, Town, City under Province.
4. Police agency at ward level:
Head, Deputy Head of Ward Police.
II. PARTY WORKERS AND POPULAR AFFAIRS OFFICERS IN THE NATIONAL POLICE FORCE.
- Chief, Deputy Chief of Party Office, Member of the Party Inspection Committee of the Central Party Committee of the Public Security;
- Deputy Director of the Party Inspection Committee of the Public Security General Department, Party Committee of the Public Security of Hanoi City, Public Security of Ho Chi Minh City;
- Head, Deputy Head of the Youth Work Committee, Women's Work Committee, Trade Union of the Ministry of Public Security;
- Head, Deputy Head of the Youth Work Committee, Women's Work Committee, Trade Union of the Public Security General Department, Public Security of Hanoi City, Public Security of Ho Chi Minh City; Public Security of provinces, Public Security of Hai Phong City, Public Security of Da Nang City;
- Deputy Director of the Party Inspection Committee of the Public Security General Department, Deputy Director of the Party Inspection Committee of the Public Security of Hanoi City, Public Security of Ho Chi Minh City;
- Secretary of the Youth League in units with 500 members or more.
C. LEADERSHIP POSITIONS IN THE CRYPTOLOGIC SECTOR
1. Head, Deputy Head of the Government Cryptologic Board;
2. Director, Deputy Director of Cryptologic Bureau; Department Head, Deputy Department Head; Institute Director, Deputy Institute Director; Chief of Office, Deputy Chief of Office and equivalent;
3. Head, Deputy Head of Cryptologic Department of Board, Ministry and equivalent;
4. Head, Deputy Head of Cryptologic Department of Province and equivalent;
5. Head of Cryptologic Unit, Local Area and equivalent;
6. Personnel with equivalent position allowances including:
- President, Vice President of University of Technical Cryptography;
- Director, Deputy Director of Southern Technical Management Center;
- Director, Deputy Director of Factory 951, Factory M2;
- Head, Deputy Head of Historical Research Board;
- Head, Deputy Head of Political Department of Board;
7. Personnel with equivalent position allowances at the Department, Board level:
- Sub-Institute Director, Deputy Sub-Institute Director of sub-institutes under the Institute of Cryptographic Science Research;
- Head, Deputy Head of Departments under the University of Technical Cryptography;
- System Director, Deputy System Director of Systems under the University of Technical Cryptography;
- Director, Deputy Director of Information Science Center under the Department of Research Management - Information Science;
- Director, Deputy Director of Computational Measurement Center under the Institute of Cryptographic Science Research;
- Team Leader, Deputy Team Leader of Vehicle Team;
- Head, Deputy Head of Political Department of Board;
- Director, Deputy Director of production service bases under the Board Office;
- Workshop Director, Deputy Workshop Director of Workshop under the University of Technical Cryptography;
- Director, Deputy Director of Library (under the University of Technical Cryptography);
- Foreman, Deputy Foreman of workshops (under Factory 951, Factory M2);
- Director, Deputy Director of Supply Bureau (under the Department of Planning and Materials);
- Head of various boards appointed by the Board;
- Director, Deputy Director of Guest Houses and Inns: KC + Sam Son (under the Board Office), Vung Tau + T41 (under the Southern Technical Management Center), Production Service Base B (under Factory 951);
- Head of various boards appointed by the heads of agencies and units;
- Head of various departments (under the Institute of Cryptographic Science Research and the University of Technical Cryptography);
- Team Leader of various vehicle teams (under the vehicle team).
ANNEX 2:
REPORT
The number of pensioners subject to adjustment of pension benefits under Decree No. 31/2004/NĐ-CP dated January 19, 2004, and the additional General Fund
(Attached to Circular Joint Circular No. 03/2004/TTLT-BLDTBXH-BTC-BQP dated 04/2004 of the Ministry of Labor, Invalids and Social Affairs - Ministry of Finance - Ministry of National Defense)
|
Recipient |
Number of persons receiving pensions in December 2003 |
Pension payment expenses in 2003 |
Pension payment expenses in January 2004 |
Additional expenses for one month due to adjustment under Decree No. 31/2004/NĐ-CP |
Additional annual expenses due to adjustment under Decree No. 31/2004/NĐ-CP |
Remarks |
|
( 1) |
( 2) |
(3) |
(4) |
(5) |
(6) |
(7) |
|
1. Civil servant and employee pensions 1. Supplementing Point 6a following Article 6 of Circular No. 02/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism on the procedures for legal expertise regarding copyright and related rights as follows: Persons receiving pensions under Decree No. 218/CP b. Persons receiving pensions under Decree No. 236/HĐBT
2. Military pensions (including police, public security, telegraph and persons receiving salaries according to the military pay scale who have retired) 1. Supplementing Point 6a following Article 6 of Circular No. 02/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism on the procedures for legal expertise regarding copyright and related rights as follows: Persons receiving pensions under Decree No. 161/CP: - Leaders holding rank-based salaries - Non-leaders b. Persons receiving pensions under Decree No. 236/HĐBT: - Leaders holding rank-based salaries - Non-leaders |
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