Joint Circular No. 06/LB-TT guiding the adjustment of pensions and allowances for social policy beneficiaries.

CIRCULAR

OF THE MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS - FINANCE

Guidelines for adjusting pensions and allowances for social policy beneficiaries

Implementation of Article 2 of Decree No. 05/CP dated January 26, 1994 of the Government on adjusting pension levels and allowances for social policy beneficiaries, after reaching consensus with the Government's Organization and Cadres Board and the Vietnam General Confederation of Labor, the Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance provide guidance as follows:

I. ADJUSTMENT OF PENSION LEVELS AND SOCIAL ALLOWANCES

 

1. For those currently receiving pensions or monthly disability allowances under Decree No. 236/HĐBT dated September 18, 1985 of the Council of Ministers (now the Government).

a. The pension level for military personnel will be adjusted to 192% of the current stipulated amount under Decree No. 27/CP dated May 23, 1993 of the Government and Circular No. 13/TT-LB dated June 2, 1993 of the Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance (i.e., the amount that has been readjusted and received from April 1, 1993). Example: A major who receives a pension according to Decree No. 27/CP dated May 23, 1993 and Circular No. 13/TT-LB dated June 2, 1993 from April 1, 1993 is 305,621 dong. From December 1, 1993, the pension level will be adjusted according to Decree No. 05/CP dated January 26, 1994 as follows:

305,621 dong x 192% = 586,792 dong/month

b. The pension level and monthly disability allowance for state workers and civil servants will be adjusted to 135% to 175% of the current stipulated amount under Decree No. 27/CP dated May 23, 1993 and Circular No. 13/TT-LB dated June 2, 1993 of the Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance.

The adjustment rates for pensions and disability allowances are specified according to the salary groups set forth in Decree No. 235/HĐBT for calculating pensions or allowances as follows:

Salary group according to Decree No. 235/HĐBT for calculating pensions or allowances

A specialist who retired on February 1, 1993 has a basic salary according to Decree No. 235/HĐBT of 425 dong, the pension level is adjusted according to the table at 150%. The current pension level calculated according to Decree No. 27/CP dated May 23, 1993 and Circular No. 13/TT-LB dated June 2, 1993 from April 1, 1993 is 185,252 dong.

From December 1, 1993, the pension level will be adjusted according to Decree No. 05/CP dated January 26, 1994 as follows:

185,252 dong x 150% = 277,878 dong/month

An officer who retired due to disability has a salary according to Decree No. 235/HĐBT of 310 dong, the disability allowance is adjusted according to the regulation at 140%. The current disability allowance calculated according to Decree No. 27/CP dated May 23, 1993 and Circular No. 13/TT-LB dated June 2, 1993 from April 1, 1993 is 93,687 dong.

Example 2:

From December 1, 1993, the disability allowance will be adjusted according to Decree No. 05/CP dated January 26, 1994 as follows:

93,687 dong x 140% = 131,162 dong/month

c. For those receiving pensions or allowances at fixed amounts, these will be adjusted to 135% of the current stipulated amount.

2. Monthly living expenses for cadres who participated in the Revolution before 1945 at commune level are specifically defined as follows:

a. For cadres who participated from 1935 or earlier: 150,000 dong/month.

b. For cadres who participated from 1936 to before 1945: 120,000 dong/month.

3. Monthly allowances for occupational accidents and occupational diseases are adjusted as follows:

a. Category 1: 192,000 dong/month

b. Category 2: 132,000 dong/month

c. Category 3: 84,000 dong/month

d. Category 4: 36,000 dong/month.

e. Allowance for caregivers for those with occupational accidents classified as Category 1 and occupational diseases classified as Category 1 is 96,000 dong/month.

4. Allowances for certain categories:

a. Monthly allowance for rubber plantation workers who have retired according to Circular No. 01/TT-LB dated January 10, 1987 is 84,000 dong/month.

b. Monthly pension allowance for dependents of deceased workers, civil servants, and military personnel. - Basic rate: 30,000 dong/month. - Care rate: 84,000 dong/month.

c. Monthly allowance for concentrated social care recipients: 84,000 dong/month.

II. ALLOWANCES FOR WAR INVALIDS, VETERANS, FAMILIES OF REVOLUTIONARY MARTYRS, AND CITIZENS WHO HAVE CONTRIBUTED TO THE REVOLUTION

1. Disability allowances for war invalids, persons treated as war invalids (collectively referred to as war invalids), and allowances for veterans.

a. War invalids and veterans receiving monthly allowances based on fixed amounts will be adjusted as follows:

War invalids type A

Additional monthly allowance

2. Monthly allowance for caregivers. Caregivers for war invalids and veterans currently receiving 88,000 dong/month will be adjusted to 96,000 dong/month; those currently receiving 110,000 dong/month will be adjusted to 120,000 dong/month.

3. Allowances for war invalids (including those treated as war invalids) and veterans recognized from December 1, 1993 onwards.

a. War invalids and veterans classified with disability or illness levels will receive allowances according to the rates specified in point a, item 1 part II above.

b. Military personnel and public security officers receiving salaries or state workers and civil servants recognized as war invalids or veterans will, in addition to the monthly allowances specified in point a, item 3 here, also receive initial allowances according to their salary when injured or discharged based on their disability or illness level as follows:

4 months' salary

For persons who were injured before December 1, 1993, and are now confirmed to be war invalids, the initial allowance shall be calculated based on their rank and position salary at the time of injury, converted according to the new salary scale as prescribed in Decision No. 25/CP dated May 23, 1993 of the Government.

Example: Comrade A was injured in combat on February 13, 1979, at the rank of lieutenant (basic salary 65 dong). Due to work conditions, Comrade A completed the necessary procedures and disability assessment in December 1993, classified as level 4/4.

Comrade A's initial allowance is as follows:

- The lieutenant's salary at the time of injury on February 13, 1979, is converted to the new salary scale amounting to 384,000 dong.

- The initial allowance is equal to one month's salary, which is 384,000 dong.

c. Persons with a disability rate from 5% to 20% due to injury shall receive a one-time allowance as follows: .

d. Persons injured due to courageous actions recognized with commendations or higher awards, documented in the disability file, in addition to the general allowance, shall receive an additional one-time allowance of 500,000 dong.

4. Young volunteers injured during military training, injured due to workplace accidents, or injured in war accidents shall receive disability allowances as specified for Class B war invalids under point 1, part II.

5. Military reservists and self-defense militia members who are not state employees injured during military training shall receive allowances as follows:

a. Loss of working capacity due to injury from 81% to 100% (Class I) shall receive a monthly allowance of 150,000 dong/month.

b. Loss of working capacity due to injury from 61% to 80% (Class II) shall receive a monthly allowance of 90,000 dong/month.

c. Loss of working capacity due to injury from 21% to 60% shall receive a one-time allowance, specifically: - Loss of working capacity due to injury from 21% to 40% shall receive a one-time allowance of 300,000 dong. - Loss of working capacity due to injury from 41% to 60% shall receive a one-time allowance of 600,000 dong.

6. Allowance levels for families of martyrs and those who have contributed to the revolution:

a. Immediate relatives of martyrs and contributors to the revolution eligible for allowances shall receive a basic monthly allowance of 45,000 dong/month.

b. Monthly care allowance.

- Immediate relatives of martyrs and contributors to the revolution eligible for monthly care allowances shall receive 150,000 dong/month.

- Immediate relatives of multiple martyrs receiving monthly care allowances (150,000 dong/month) and the calculation of subsequent basic allowance rates (45,000 dong/month) shall follow the provisions of Decree No. 27/CP dated May 23, 1993 and Circular No. 13/TT-LB dated June 2, 1993 of the Ministry of Labor, Invalids and Social Affairs.

- Immediate relatives of elderly, lonely martyrs without other responsible caregivers; parents with only one child who is a martyr, and immediate relatives of multiple martyrs (three or more martyrs) who are unable to work despite receiving other allowances (war invalids, retired veterans, loss of working capacity, workplace accidents, and occupational diseases) shall also be eligible for monthly care allowances for relatives of martyrs.

c. Allowance levels for families of martyrs:

From December 1, 1993 onwards, a one-time allowance for families of martyrs is set at 3,000,000 dong (three million dong); in addition to this one-time allowance, burial benefits will still be provided according to regulations applicable to civil servants and state employees.

7. Monthly allowance levels for relatives of martyrs and deceased Cambodian soldiers (former):

a. Children under 18 years old of martyrs, wives of martyrs: 45,000 dong/month.

b. Children under 18 years old of deceased soldiers, wives of deceased soldiers, persons raising children of martyrs (including remarried wives of martyrs who continue to raise their children): 30,000 dong/month.

8. Retroactive disability allowances and monthly pension payments:

a. Retroactive claims shall be implemented according to the provisions of point 9, section II of Circular No. 13/TT-LB dated June 2, 1993 of the Ministry of Labor, Invalids and Social Affairs - Finance.

Specifically, for the period from January 1989 to March 31, 1993, the following amendments apply:

War invalids who are military personnel, public security officers receiving salaries, workers, or state officials, if they receive retroactive or disability allowances during the period from January 1989 to August 31, 1992, shall receive 30% of the disability allowance of the same category of war invalids as family members according to paragraph 2, point 9, section II of Joint Circular No. 13/TT-LB dated June 2, 1993. From September 1, 1992 to March 31, 1993, they shall receive the full amount as stipulated above (paragraph 2, point 9, section II of Circular No. 13/TT-LB dated June 2, 1993).

c. From April 1, 1993 to November 1993, they shall receive allowances according to Decree No. 27/CP dated May 23, 1993 and Circular No. 13/TT-LB dated June 2, 1993 of the Ministry of Labor, Invalids and Social Affairs - Finance.

III. IMPLEMENTATION

1. Departments of Labor, Invalids and Social Affairs must fully implement the contents of government regulations and joint circulars to the beneficiaries and adjust the system based on the files managed according to the provisions of this circular.

Localities that have not yet adjusted the system for beneficiaries to the new policy shall continue to process according to the current level of benefits, and when adjustments are complete, the difference from December 1, 1993, shall be retroactively paid.

2. To ensure compliance with the prescribed system, it is required that the Director of the Department of Labor, Invalids and Social Affairs sign confirmation on the retirement pension adjustment form, disability allowance adjustment list, and war invalids and martyrs' allowance adjustment list according to current regulations.

In cases where beneficiaries change their place of residence, the Department of Labor, Invalids and Social Affairs in the new place of residence shall base their decision on the content recorded in the transfer certificate and file to process the benefits according to general regulations.

3. The establishment and review of budget estimates, and the organization of funding distribution shall be carried out as stipulated in section III, point 3 of Circular No. 13/TT-LB dated June 2, 1993 of the Ministry of Labor, Invalids and Social Affairs - Finance. This circular takes effect from December 1, 1993. During implementation, any issues or feedback should be reported to the joint ministry for research and resolution.

This circular takes effect from December 1, 1993.

During implementation, any issues or feedback should be reported to the joint ministry for research and resolution.