Decree No. 101/2008/ND-CP Adjusting Pensions, Social Insurance Allowances, and Monthly Allowances for Village Cadres Who Have Retired

DECREE

Adjusting pensions, social insurance benefits, and monthly allowances for retired village cadres

on a monthly basis for village officials who have retired

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Labor Code dated June 23, 1994; the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 2, 2002, and the Law Amending and Supplementing Certain Provisions of the Labor Code dated November 29, 2006;

Pursuant to the Social Insurance Law dated June 29, 2006;

Considering the proposal of the Minister of Labor, War Invalids and Social Affairs, the Minister of Interior, and the Minister of Finance.

DECREE:

Article 1. Adjusting the levels of pensions, social insurance benefits, and monthly allowances for the following categories:

1. Civil servants, employees, workers, officials, and laborers; military personnel, public security officers, and civil servants enjoying monthly pensions.

2. Village, ward, and town cadres as stipulated in 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 enjoy pensions and monthly allowances.

3. Persons receiving monthly disability allowances; persons receiving monthly allowances pursuant to Decision No. 91/2000/QĐ-TTg dated August 4, 2000, of the Prime Minister; rubber plantation workers currently receiving monthly allowances.

4. Village, ward, and town cadres receiving monthly allowances pursuant to Decision No. 130-CP dated June 20, 1975, of the Council of Ministers, and Decision No. 111-HĐBT dated October 13, 1981, of the Council of Ministers.

Article 2. As of October 1, 2008, increasing by 15% the level of pensions, social insurance benefits, and monthly allowances for individuals receiving pensions, social insurance benefits, and monthly allowances as specified in Article 1 of this Decree.

Article 3. The funding for adjusting pensions, social insurance benefits, and monthly allowances applicable to the subjects specified in Article 1 of this Decree shall be as follows:

1. The State budget shall ensure funding for individuals receiving social insurance benefits prior to October 1, 1995, receiving monthly allowances pursuant to Decision No. 91/2000/QĐ-TTg dated August 4, 2000, of the Prime Minister, receiving pensions pursuant to Decree No. 159/2006/NĐ-CP dated December 28, 2006, of the Government, and receiving monthly allowances as specified in Clause 4, Article 1 of this Decree.

2. The Social Insurance Fund shall ensure funding for individuals receiving social insurance benefits from October 1, 1995 onwards, including those currently receiving pensions and monthly social insurance benefits pursuant to Decree No. 121/2003/NĐ-CP dated October 21, 2003, and Decree No. 09/1998/NĐ-CP dated January 23, 1998, of the Government.

Article 4.

1. The Ministry of Labor, War Invalids and Social Affairs shall be responsible for guiding the implementation of the adjustment of pensions and social insurance benefits as stipulated in Clauses 1, 2, and 3 of Article 1 of this Decree.

2. The Ministry of Interior shall take the lead and coordinate with the Ministry of Finance to guide the implementation of the adjustment of monthly allowances for the category specified in Clause 4 of Article 1 of this Decree.

3. The Ministry of Finance shall be responsible for ensuring the funding for the adjustment of pensions, social insurance benefits, and monthly allowances for the subjects funded by the State budget.

4. The Vietnam Social Security shall be responsible for implementing the adjustment and payment of pensions, social insurance benefits, and monthly allowances for the subjects specified in Clauses 1, 2, and 3 of Article 1 of this Decree.

Article 5. This Decree takes effect from October 1, 2008.

Article 6. The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.