Circular No. 09/2012/TT-BLDTBXH guiding the adjustment of pension, social insurance allowance, and monthly allowance according to Decree No. 35/2012/NĐ-CP dated April 18, 2012 and Decree No. 31/2012/NĐ-CP dated April 12, 2012 of the Government.

CIRCULAR

Hguiding the adjustment of pension, social insurance benefits, and monthly allowances

month pursuant toN |||Decree No. 35/2012/NĐ-CP dated April 18, 2012 and

N |||Decree No. 31/2012/NĐ-CP dated April 12, 2012 of Cgovernment

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Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to Decree No. 35/2012/NĐ-CP dated April 18, 2012 of the Government adjusting pensions, social insurance benefits, and monthly allowances for retired village cadres (hereinafter referred to as Decree No. 35/2012/NĐ-CP);

Pursuant to Decree No. 31/2012/NĐ-CP dated April 12, 2012 of the Government stipulating the minimum wage (hereinafter referred to as Decree No. 31/2012/NĐ-CP);

The Minister of Labor - Invalids and Social Affairs issues this Circular guiding the adjustment of pensions, social insurance benefits, and monthly allowances for the subjects specified in Clauses 1, 2, 3, and Clause 8 of Article 1 of Decree No. 44/2019/NĐ-CP dated May 20, 2019 of the Government

The Minister of Labor, Invalids and Social Affairs issues this Circular guiding the adjustment of pensions, social insurance benefits, and monthly allowances according to Decree No. 35/2012/NĐ-CP dated April 18, 2012 and Decree No. 31/2012/NĐ-CP dated April 12, 2012 of the Government,

Article 1. Scope of application

1. Civil servants, public officials, workers, employees, and laborers (including those who have retired and are receiving monthly allowances from the social insurance fund of Nghe An farmers' cooperative under Decision No. 41/2009/QĐ-TTg dated March 16, 2009 of the Prime Minister); military personnel, police officers, and civil servants working in confidential services who are receiving pensions before May 1, 2012.

2. Village, town, and township cadres as stipulated in Decree No. 92/2009/NĐ-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 of the Government who are receiving pensions and monthly allowances before May 1, 2012.

3. Those currently receiving monthly disability benefits; those currently receiving monthly allowances under Decision No. 91/2000/QĐ-TTg dated August 4, 2000, Decision No. 613/QĐ-TTg dated May 6, 2010 of the Prime Minister, and rubber plantation workers who are receiving monthly allowances before May 1, 2012.

4. Those currently receiving monthly work injury and occupational disease benefits before May 1, 2012.

5. Those currently receiving monthly survivor benefits before May 1, 2012.

6. Those currently receiving sick leave and maternity benefits before May 1, 2012 belonging to the group implementing state-prescribed salary systems and whose benefit entitlement period continues beyond May 1, 2012.

As of July 1, 2019, the level of pensions, social insurance benefits, and monthly allowances of the subjects specified in Article 1 of this Circular shall be increased by 7.19% compared to the level of pensions, social insurance benefits, and monthly allowances in June 2019. Specifically:

1. The subjects specified in Clauses 1, 2, and 3 of Article 1 of this Circular who are receiving pensions and monthly allowances, the pension and monthly allowance levels from May 1, 2012 shall be adjusted as follows:

Example 1: Mr. A has a pension of 2,893,600 VND/month in April 2012.

Mr. A's pension from May 2012 will be adjusted as follows:

2,893,600 VND/month x 1.265 = 3,660,404 VND/month

Example 2: Mr. B is a retired village cadre receiving monthly allowances as stipulated in Decree No. 09/1998/NĐ-CP with a monthly allowance of 1,076,800 VND in April 2012.

Mr. B's monthly allowance from May 2012 will be adjusted as follows:

1,076,800 VND/month x 1.265 = 1,362,152 VND/month

Example 3: Mr. C, who retired and receives monthly disability benefits, has a monthly allowance of 1,169,300 VND in April 2012.

Mr. C's monthly disability allowance from May 2012 will be adjusted as follows:

1,169,300 VND/month x 1.265 = 1,479,165 VND/month

2. For the subjects specified in Clause 4 of Article 1 of this Circular, the monthly work injury and occupational disease benefits from May 1, 2012 shall be adjusted as follows:

a) For those currently receiving work injury and occupational disease benefits:

Example 4: Mr. E, who is currently receiving work injury benefits, has a monthly benefit of 496,500 VND in April 2012.

Mr. E's monthly work injury benefit from May 2012 will be adjusted as follows:

496,500 VND/month x 1.265 = 628,073 VND/month

b) For those who suffered work injuries or occupational diseases and were discharged from hospital or had a medical board conclusion (for non-inpatient cases) between May 1, 2011 and April 30, 2012 without having their benefits resolved, the monthly work injury and occupational disease benefits will still be calculated based on the minimum wage at the time of discharge or medical board conclusion; from May 1, 2012, the benefits of these individuals will be adjusted according to point a of this clause.

c) For those suffering work injuries or occupational diseases and currently receiving service benefits, from May 1, 2012, the monthly service benefits will be calculated based on the minimum wage of 1,050,000 VND/month.

3. For the subjects receiving monthly survivor benefits as stipulated in Clause 5 of Article 1 of this Circular, the survivor benefits from May 1, 2012 shall be adjusted as follows:

a) The survivor benefit for dependents currently receiving monthly survivor benefits from May 1, 2012 will be calculated based on the minimum wage of 1,050,000 VND/month.

Example 5: Mr. H, who is currently receiving survivor benefits for dependents without direct caregivers at a rate of 70% of the minimum wage. From May 1, 2012, Mr. H's survivor benefit is:

70% x 1,050,000 VND/month = 735,000 VND/month.

b) For those who died between May 1, 2011 and April 30, 2012 and whose survivors have not yet received survivor benefits, the monthly survivor benefits for months prior to May 1, 2012 will be calculated based on the minimum wage of 830,000 VND/month. From May 1, 2012, the monthly survivor benefits of these individuals will be adjusted according to point a of this clause.

4. For the subjects specified in Clause 6 of Article 1 of this Circular, if they continue to be entitled to benefits from May 1, 2012 onwards, the remaining benefit period will be calculated based on the minimum wage of 1,050,000 VND/month.

5. Military personnel and public security officers who have changed industries and retired or ceased working due to health reasons and have been receiving industry change allowances as stipulated in Article 3 of Decision No. 812/TTg dated December 12, 1995 of the Government Prime Minister, from May 1, 2012, the industry change allowance shall be calculated based on the general minimum wage of 1,050,000 VND/month.

6. Persons currently receiving retirement pay who live alone as defined in Article 2 of Decision No. 812/TTg dated December 12, 1995 of the Government Prime Minister, if their adjusted retirement pay according to Clause 1 of this Article is lower than 1,575,000 VND/month, then from May 1, 2012, it will be adjusted to 1,575,000 VND/month.

Article 3. Implementation Organization

1. Provincial People's Committees directly under the Central Government are responsible for directing the Department of Labor, Invalids and Social Affairs and related competent agencies to inspect and urge the implementation of the provisions set forth in this Circular.

2. The Vietnam Social Security is responsible for implementing the adjustment of retirement pay, social insurance benefits, and monthly allowances as prescribed in Decree No. 35/2012/NĐ-CP, Decree No. 31/2012/NĐ-CP, and the guidance provided in this Circular; prepare and submit reports according to the attached form to the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance before June 15, 2012.

Article 4. Effective date

This Circular takes effect from June 9, 2012; the regulations stipulated in this Circular shall be implemented from May 1, 2012.

In the course of implementation, if there are difficulties, please reflect them to the Ministry of Labor, Invalids, and Social Affairs for research and resolution./.