Decree No. 108/2021/ND-CP Adjusting Pensions, Social Insurance Allowances, and Monthly Allowances

DECREE

Adjustment of pensions, social insurance benefits, and monthly allowances
and monthly allowances

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to Resolution No. 104/2023/QH15 dated November 10, 2023 of the National Assembly on the state budget estimate for 2024;

Pursuant to Resolution number Resolution No. 34/2021/QH15 dated November 13, 2021 of the National Assembly on the state budget estimate for 2022;

Decree No. 07/2021/NĐ-CP

The Government issues this Decree to adjust pensions, social insurance benefits, and monthly allowances.

PART I

GENERAL PROVISIONS

1. This Decree adjusts the pension levels, social insurance benefits, and monthly allowances for individuals receiving pensions, social insurance benefits, and monthly allowances prior to July 1, 2023, including:

1. This Decree regulates the pension and social insurance benefits and monthly allowances for individuals receiving pensions, social insurance benefits, and monthly allowances before January 1, 2022, including:

a) Cadres, civil servants, workers, employees (including those with voluntary social insurance participation time, those retiring from the Nghe An farmer social insurance fund transferred according to Decision No. 41/2009/QD-TTg dated March 16, 2009 of the Government on transferring the Nghe An farmer social insurance fund to voluntary social insurance), military personnel, public security officers, and personnel engaged in confidential work who are currently receiving monthly pensions.

b) Village, ward, town cadres as stipulated in Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on the titles, number, and some policies and benefits for village, ward, town cadres and non-professional staff at the commune level, Decree No. 34/2019/NĐ-CP dated April 24, 2019 of the Government amending and supplementing certain provisions on village-level cadres and civil servants and non-professional staff at the commune level, and in villages and residential wards, Decree No. 121/2003/NĐ-CP dated October 21, 2003 of the Government on policies and benefits for village, ward, town cadres and civil servants, and Decree No. 09/1998/NĐ-CP dated January 23, 1998 of the Government amending and supplementing Decree No. 50/CP dated July 26, 1995 of the Government on living expenses for village, ward, town cadres who are currently receiving monthly pensions and allowances.

c) Individuals currently receiving monthly disability allowances under the law; individuals currently receiving monthly allowances under Decision No. 91/2000/QĐ-TTg dated August 4, 2000 of the Prime Minister on assistance provided to those who have reached retirement age at the time of ceasing to receive monthly disability allowances, Decision No. 613/QĐ-TTg dated May 6, 2010 of the Prime Minister on monthly allowances for those with actual service of at least 15 years but less than 20 years who have ceased to receive monthly disability allowances; rubber plantation workers currently receiving monthly allowances under Decision No. 206-CP dated May 30, 1979 of the Council of Ministers on policies for newly liberated workers in heavy and health-damaging jobs who are now old and weak and must stop working.

d) Village, ward, town cadres currently receiving monthly allowances under Decision No. 130-CP dated June 20, 1975 of the Council of Ministers on supplementing policies and benefits for village cadres and Decision No. 111-HĐBT dated October 13, 1981 of the Council of Ministers on amending and supplementing certain policies and benefits for village and town cadres.

đ) Military personnel currently receiving monthly allowances under Decision No. 142/2008/QĐ-TTg dated October 27, 2008 of the Prime Minister on implementing policies for military personnel participating in the resistance against the United States to save the country with less than 20 years of service in the military who have been discharged and returned to their home regions (amended and supplemented by Decision No. 38/2010/QĐ-TTg dated May 6, 2010 of the Prime Minister).

e) Public security personnel currently receiving monthly allowances under Decision No. 53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister on policies for public security cadres and soldiers participating in the resistance against the United States with less than 20 years of service in the public security force who have retired and returned to their home regions.

g) Military personnel, public security personnel, and personnel engaged in confidential work who are currently receiving monthly allowances under Decision No. 62/2011/QĐ-TTg dated November 9, 2011 of the Prime Minister on policies and benefits for individuals participating in wars to protect the country and international missions in Cambodia and assisting Laos after April 30, 1975 who have been discharged and retired.

2. The individuals specified in Clause 1 of this Article who retired before January 1, 1995, after adjustment according to Clause 1 of Article 2 of this Decree, if their pension, social insurance benefit, or monthly allowance is below VND 2,500,000 per month.

Article 2. Time and Level of Adjustment

1. As of January 1, 2022, increase by 7.4% over the pension, social insurance benefit, and monthly allowance of December 2021 for individuals specified in Clause 1 of Article 1 of this Decree.

2. As of January 1, 2022, increase for individuals specified in Clause 2 of Article 1 of this Decree as follows: Increase by VND 200,000 per person per month for those whose pension, social insurance benefit, or monthly allowance is VND 2,300,000 per person per month or less; increase to VND 2,500,000 per person per month for those whose pension, social insurance benefit, or monthly allowance is between VND 2,300,000 per person per month and VND 2,500,000 per person per month.

The pension, social insurance benefit, and monthly allowance after adjustment according to this Article shall serve as the basis for subsequent adjustments to the pension and allowances.

Article 3. Source of Funding

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

1. The State budget shall ensure for the subjects entitled to social insurance benefits before October 1, 1995; those receiving monthly allowances pursuant to Decision No. 91/2000/QD-TTg dated August 4, 2000 of the Government on providing allowances to those who have reached retirement age at the time of ceasing to receive monthly disability allowances, Decision No. 613/QD-TTg dated May 6, 2010 of the Government on providing monthly allowances to those with actual service of from fifteen to less than twenty years who have ceased to receive monthly disability allowances and the subjects specified in points d, e, f, and g of Clause 1, Article 1 of this Decree; those receiving pensions pursuant to Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on implementing the pension system for military personnel directly participating in the resistance war against America to save the country from April 30, 1975 onwards with twenty years or more of military service who have been discharged or retired, Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government amending and supplementing some articles of Decree No. 159/2006/NĐ-CP dated December 28, 2006 of the Government on implementing the pension system for military personnel directly participating in the resistance war against America to save the country from April 30, 1975 onwards with twenty years or more of military service who have been discharged or retired, and Decree No. 23/2012/NĐ-CP dated April 3, 2012 of the Government stipulating some policies for subjects participating in the war to protect the country and perform international duties in Cambodia and assist Laos after April 30, 1975 with twenty years or more of military or police service who have been discharged or retired.

2. The Social Insurance Fund shall ensure for the subjects entitled to social insurance benefits from October 1, 1995 onwards, including those currently receiving pensions and monthly allowances pursuant to Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on positions, number, and some policies and benefits for cadres and civil servants at commune, ward, township levels and non-professional staff at commune level, Decree No. 34/2019/NĐ-CP dated April 24, 2019 of the Government amending and supplementing some provisions on cadres and civil servants at commune level and non-professional staff at commune, village, and residential quarter levels, Decree No. 121/2003/NĐ-CP dated October 21, 2003 of the Government on policies and benefits for cadres and civil servants at commune, ward, township levels, and Decree No. 09/1998/NĐ-CP dated January 23, 1998 of the Government amending and supplementing Decree No. 50/CP dated July 26, 1995 of the Government on living expenses for commune, ward, township cadres.

Article 4. Organization of Implementation

1. The Minister of Labor, Invalids, and Social Affairs shall specify in detail the adjustment for the subjects specified in points a, b, and c of Clause 1, Article 1 of this Decree.

2. The Minister of Interior shall specify in detail the adjustment for the subjects specified in Point d of Clause 1, Article 1 of this Decree.

3. The Minister of Defense shall specify in detail the adjustment for the subject specified in point f of Clause 1, Article 1 and the subject under the responsibility of resolution specified in point g of Clause 1, Article 1 of this Decree.

4. The Minister of Public Security shall specify in detail the adjustment for the subject specified in point e of Clause 1, Article 1 and the subject under the responsibility of resolution specified in point g of Clause 1, Article 1 of this Decree.

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

6. The Vietnam Social Security shall be responsible for implementing the adjustment, paying pensions, social insurance allowances, and monthly allowances for the subjects specified in points a, b, and c of Clause 1, Article 1 of this Decree.

7. The People's Committee of provinces and centrally governed cities shall be responsible for organizing the implementation of the adjustment and payment of monthly allowances for the subjects specified in points d, e, f, and g of Clause 1, Article 1 of this Decree.

Chapter II
IMPLEMENTING PROVISIONS

Article 5. Effective Date

1. This Decree takes effect from January 20, 2022. The provisions of this Decree shall be implemented from January 1, 2022.

2. Decree No. 44/2019/NĐ-CP dated May 20, 2019 of the Government adjusting pensions, social insurance allowances, and monthly allowances shall cease to be effective from the date this Decree takes effect.

Article 6. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of provincial and centrally-run city People's Committees shall be responsible for implementing this Decree.