Circular No. 11/2009/TT-BLDTBXH guiding the adjustment of pensions, social insurance allowances, and monthly allowances pursuant to Decree No. 34/2009/NĐ-CP dated April 6, 2009, and Decree No. 33/2009/NĐ-CP dated April 6, 2009 of the Government.

CIRCULAR

Article 1. Scope of application

1. Civil servants, employees, workers, officials, and laborers (including those with voluntary social insurance participation periods); military personnel, police officers, and civil servants working in confidential positions who are receiving pensions before May 1, 2009.

2. Village, ward, and town cadres as specified 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 are receiving pensions and monthly allowances.

3. Persons currently receiving disability benefits; persons receiving benefits under Decision No. 91/2000/QĐ-TTg dated August 4, 2000 of the Prime Minister; rubber plantation workers currently receiving monthly allowances. 4. Persons receiving monthly allowances for work-related accidents and occupational diseases before May 1, 2009.

5. Persons receiving monthly survivor benefits before May 1, 2009.

6. Persons currently receiving sick leave and maternity benefits before May 1, 2009, and whose benefit period continues from May 1, 2009 onwards.

1. The subjects specified in Clauses 1, 2, and 3 of Article 1 of this Circular who are currently receiving pensions and monthly allowances shall have their pension amounts, social insurance benefits, and monthly allowances adjusted as follows:

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:

Pension amount, social insurance benefit, and monthly allowance from May 1, 2009

Mr. A's pension from May 2009 will be adjusted as follows:

1,643,580 VND/month x 1.05 = 1,725,759 VND/month

Example 2: Mr. B, a Major, has a pension of 2,158,320 VND per month in April 2009.

Mr. B's pension from May 2009 will be adjusted as follows:

2,158,320 VND/month x 1.05 = 2,266,236 VND/month

Example 3: Mr. C, a retired village cadre receiving monthly allowances as stipulated in Decree No. 09/1998/NĐ-CP, has a monthly allowance of 803,160 VND in April 2009.

Mr. C's monthly allowance from May 2009 will be adjusted as follows:

803,160 VND/month x 1.05 = 843,318 VND/month

Example 4: Mr. D, a retiree receiving monthly disability benefits, has a monthly allowance of 872,160 VND in April 2009.

Mr. D's monthly disability benefit from May 2009 will be adjusted as follows:

872,160 VND/month x 1.05 = 915,768 VND/month

2. The subjects specified in Clause 4 of Article 1 of this Circular shall have their monthly allowances for work-related accidents and occupational diseases adjusted as follows:

a) For those currently receiving allowances for work-related accidents and occupational diseases:

Monthly allowance for work-related accidents and occupational diseases from May 1, 2009

Mr. G's monthly allowance for work-related accidents from May 2009 will be adjusted as follows:

323,040 VND/month x 1.2037 = 388,843 VND/month

b) For those who suffered work-related accidents or occupational diseases and were discharged from hospital or had a medical board's conclusion (for non-inpatient cases) in 2008 and the first four months of 2009 but have not yet received benefits, the allowance will be calculated from the date of discharge or the medical board's conclusion. From May 1, 2009, the monthly allowance for work-related accidents and occupational diseases of these individuals will be adjusted according to point a of this clause.

c) For those who suffered work-related accidents or occupational diseases and are currently receiving service allowances, from May 1, 2009, the monthly service allowance will be adjusted as follows:

Monthly service allowance from May 1, 2009

a) The survivor benefit for dependents receiving monthly survivor benefits from May 1, 2009 will be calculated based on the general minimum wage of 650,000 VND per month.

Example 6: Mr. H, currently receiving survivor benefits for dependents without direct caregivers at a rate of 70% of the general minimum wage. From May 1, 2009, Mr. H's survivor benefit will be:

70% x 650,000 VND/month = 455,000 VND/month.

b) For those who died in 2008 and the first four months of 2009, and whose dependents have not yet received survivor benefits, the survivor benefit for the months prior to May 1, 2009 will be calculated based on the general minimum wage of 540,000 VND per month. From May 1, 2009, the monthly survivor benefit will be adjusted according to point a of this clause.

4. The subjects specified in Clause 6 of Article 1 of this Circular who are subject to state-specified salary regulations, and whose benefit period continues from May 1, 2009 onwards, will have their benefits during this period calculated based on the general minimum wage of 650,000 VND per month.

5. Military personnel and police officers who transferred to civilian jobs and then retired or stopped working due to disability, and who have been receiving transfer allowances as stipulated in Article 3 of Decision No. 812/TTg dated December 12, 1995 of the Prime Minister, will have their transfer allowances calculated based on the general minimum wage of 650,000 VND per month from May 1, 2009.

5. Military personnel and public security officers who have changed industries and then retired or ceased working due to health reasons, and have already received industry change allowances as stipulated in Article 3 of Decision No. 812/TTg dated December 12, 1995 issued by the Prime Minister, shall from May 1, 2009, have their industry change allowances calculated at the general minimum wage level of 650,000 VND per month.

6. Persons receiving a pension 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 pension amount under Clause 1 of this Article is lower than 975,000 VND/month, shall be adjusted to 975,000 VND/month from May 1, 2009.

Article 3. Implementation Organization

1. The Ministry of Labor - Invalids and Social Affairs shall take the lead in coordinating with the Ministry of Finance, the Ministry of Defense, and the Ministry of Public Security to inspect the implementation in accordance with the provisions of Decree No. 33/2009/NĐ-CP, Decree No. 34/2009/NĐ-CP, and this Circular.

2. People's Committees of provinces and centrally governed cities shall be responsible for directing the Departments of Labor - Invalids and Social Affairs and relevant competent agencies to inspect and urge the implementation of the provisions of this Circular.

3. The Vietnam Social Security shall be responsible for implementing the adjustment of pensions, social insurance allowances, and monthly allowances as prescribed in Decree No. 33/2009/NĐ-CP, Decree No. 34/2009/NĐ-CP, and the guidance provided in this Circular; prepare reports according to the attached form of this Circular and submit them to the Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance in the first month of the fourth quarter of 2009.

4. This Circular shall take effect 45 days from the date of issuance; the provisions of this Circular shall be implemented from May 1, 2009.

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