Joint Circular No. 115/2005/TTLT/BNV-BTC guides the implementation of Government Decree No. 119/2005/NĐ-CP on adjusting allowances for elderly village cadres who have retired. This circular specifies the increase in allowances from 2004 to 2005 and the methods for organizing and implementing.
Đối tượng áp dụng
Village cadres who have retired and are receiving allowances under Decision No. 130/CP (1975) and Decision No. 111/HĐBT (1981).
Các điểm cốt lõi
- Elderly village cadres who have retired from 2004 to 2005 will receive an additional allowance of 10% compared to the allowance at the time of September 2004, specifically VND 27,200 per month for Secretaries of the Party Committee and Chairmen of the People's Committee of villages; VND 26,200 per month for Deputy Secretaries, Deputy Chairmen, Permanent Members of the Party Committee, Secretaries of the People's Committee, Secretaries of the People's Council, and Village Militia Chiefs; and VND 24,200 per month for other positions.
- From 2005, the allowance will be adjusted to increase by 10% compared to the adjustment made in 2004, then increased by 20.7%, specifically VND 98,100 per month for Secretaries of the Party Committee and Chairmen of the People's Committee of villages; VND 94,100 per month for Deputy Secretaries, Deputy Chairmen, Permanent Members of the Party Committee, Secretaries of the People's Committee, Secretaries of the People's Council, and Village Militia Chiefs; and VND 87,200 per month for other positions.
- Elderly village cadres who have retired can claim the additional increase from 2004 to 2005 according to the adjusted allowance.
- The organization and implementation shall be guided by the Provincial People's Committees and the payment of allowances to the beneficiaries shall be carried out by them.
- This Circular shall take effect fifteen days after its publication in the Official Gazette.
🌐 Tác động xã hội từ văn bản này
- Elderly village cadres who have retired will receive higher allowances, improving their material living standards.
- However, the State budget must allocate additional funds for this adjustment, creating financial pressure.
- Implementing this Circular requires strict organization and management from all levels of People's Committees.
❓ Câu hỏi thường gặp
How much will the allowance for elderly village cadres who have retired be increased?
From 2004 to 2005, the allowance will be increased by 10% compared to the allowance at the time of September 2004. From 2005, the allowance will be adjusted to increase by 10% compared to the adjustment made in 2004, then increased by 20.7%.
What amount of allowance can elderly village cadres who have retired receive?
From 2005, village cadres who were previously Secretaries of the Party Committee and Chairmen of the People's Committee of villages will receive an allowance of VND 397,300 per month; Deputy Secretaries, Deputy Chairmen, Permanent Members of the Party Committee, Secretaries of the People's Committee, Secretaries of the People's Council, Village Militia Chiefs, and Chiefs of Public Security will receive an allowance of VND 382,100 per month; and other positions will receive an allowance of VND 353,100 per month.
Can the additional allowance be claimed retroactively?
Yes, from 2004 to 2005, elderly village cadres who have retired can claim the additional allowance according to the adjusted amount.
Who is responsible for organizing and implementing this Circular?
The organization and implementation shall be guided by the Provincial People's Committees and the payment of allowances to the beneficiaries shall be carried out by them.
When does this Circular take effect?
This Circular shall take effect fifteen days after its publication in the Official Gazette.
Toàn văn
JOINT CIRCULAR
Guidelines for Implementing Decree No. 119/2005/NĐ-CP dated September 27, 2005
of the Government on Adjusting Allowances for Village Cadres Who Have Retired Pursuant to Decision No. 130/CP dated June 20, 1975 of the Council of Ministers,
Decision No. 111/HĐBT dated October 13, 1981 of the Council of Ministers,
On the basis of Decree No. 119/2005/NĐ-CP dated September 27, 2005 of the Government on Adjusting Allowances for Village Cadres Who Have Retired Pursuant to Decision No. 130/CP dated June 20, 1975 of the Council of Ministers, Decision No. 111/HĐBT dated October 13, 1981 of the Council of Ministers (hereinafter referred to as Decree No. 119/2005/NĐ-CP), the Ministry of Home Affairs and the Ministry of Finance issue these guidelines for implementation as follows:
The subjects of this Circular are village cadres who have retired and are receiving monthly allowances pursuant to Decision No. 130/CP dated June 20, 1975 of the Council of Ministers, Decision No. 111/HĐBT dated October 13, 1981 of the Council of Ministers (hereinafter referred to as elderly village cadres who have retired).
I. APPLICABLE OBJECTS
II. ADJUSTMENT OF MONTHLY ALLOWANCE LEVELS
1. Adjustment of monthly allowance levels for elderly village cadres who have retired in accordance with Clause 1, Article 1 of Decree No. 119/2005/NĐ-CP.
From October 1, 2004 to September 30, 2005, increase by 10% over the allowance level received at the time of September 2004:
a) The allowance level received at the time of September 2004 is the allowance level prescribed in Point 2.4, Clause 2, Section II of Joint Circular No. 03/2003/TTLT-BNV-BTC dated February 17, 2003 of the Ministry of Home Affairs and the Ministry of Finance guiding the implementation of adjustments to salaries, allowances, and living expenses for individuals receiving salaries, subsidies, and living expenses from the State budget.
b) The adjusted allowance level (rounded off) from October 1, 2004 to September 30, 2005 is as follows:
For former Secretaries of the Party Committee, Chairmen of the People's Committee of villages, increased from 272,000 VND to 299,200 VND/month (an additional 27,200 VND/month).
For former Deputy Secretaries, Deputy Chairmen, Permanent Members of the Party Committee, Members of the Secretariat of the People's Committee, Secretaries of the People's Council, Village Militia Chiefs, Chiefs of Public Security Stations, increased from 261,800 VND to 288,000 VND/month (an additional 26,200 VND/month).
For other positions, increased from 241,700 VND to 265,900 VND/month (an additional 24,200 VND/month).
c) From October 1, 2004 to September 30, 2005, elderly village cadres who have retired shall be entitled to back payments for the additional amount specified in Point b, Clause 1, Section II of this Circular for the months they have already received allowances according to the level prescribed in Point 2.4, Clause 2, Section II of Joint Circular No. 03/2003/TTLT-BNV-BTC.
2. Adjustment of monthly allowance levels for elderly village cadres who have retired in accordance with Clause 2 and Clause 3, Article 1 of Decree No. 119/2005/NĐ-CP.
From October 1, 2005, increase by 10% over the monthly allowance level already adjusted as specified in Point b, Clause 1, Section II of this Circular. After adjusting the allowance level by increasing it by 10% as stipulated herein, it will be further increased by 20.7% of the monthly allowance level from October 1, 2005. Specifically, the monthly allowance level that elderly village cadres who have retired will receive (rounded off) from October 1, 2005 is as follows:
For former Secretaries of the Party Committee, Chairmen of the People's Committee of villages, increased from 299,200 VND to 397,300 VND/month.
For former Deputy Secretaries, Deputy Chairmen, Permanent Members of the Party Committee, Members of the Secretariat of the People's Committee, Secretaries of the People's Council, Village Militia Chiefs, Chiefs of Public Security Stations, increased from 288,000 VND to 382,100 VND/month.
The monthly allowance level for other positions increased from 353,100 VND/month.
III. NEEDS AND SOURCES OF FUNDS FOR IMPLEMENTATION
The number of elderly village cadres who have retired serves as the basis for determining the additional funding needs due to the implementation of allowance adjustments:
In 2005: The number present as of October 1, 2004 (for the additional funding needs due to the adjustment of allowance levels as stipulated in Clause 1, Article 1 of Decree No. 119/2005/NĐ-CP); the number present as of October 1, 2005 (for the additional funding needs due to the adjustment of allowance levels as stipulated in Clause 2 and Clause 3, Article 1 of Decree No. 119/2005/NĐ-CP).
In 2006: The number present as of January 1, 2006.
The compilation of needs and sources of funds for implementing allowance adjustments for elderly village cadres who have retired shall be carried out in accordance with Circular No. 89/2005/TT-BTC dated October 13, 2005 of the Ministry of Finance guiding the determination of needs, sources, and methods of expenditure for implementing adjustments to the minimum wage for civil servants, public officials, and members of the armed forces, and adjustments to allowances for village cadres who have retired in 2005 and 2006.
1. Based on the guidance provided in this Circular, Provincial People's Committees (hereinafter referred to as provincial level) shall guide the implementation of back payments for the additional portion of the monthly allowance from October 1, 2004 to September 30, 2005 as stipulated in Clause 1, Section II of this Circular, and the payment of monthly allowances from October 1, 2005 as stipulated in Clause 2, Section II of this Circular for individuals within their jurisdiction.
IV. IMPLEMENTATION
2. People's Committees of villages, towns, and districts shall report consolidated lists of elderly village cadres who have retired according to Model 1 attached to this Circular to People's Committees of counties, districts, cities directly under provinces (hereinafter referred to as district level).
3. District-level People's Committees shall review, decide on back payments and allowance disbursements; simultaneously compile and report results according to Models 2 and 3 attached to this Circular to provincial-level People's Committees and Departments of Home Affairs and Finance.
4. Provincial-level People's Committees shall compile results according to Models 2 and 3; concurrently submit reports on consolidated lists of elderly village cadres who have retired from villages, towns, and districts according to Model 1 to the Ministry of Home Affairs and the Ministry of Finance for consolidation and monitoring.
4. The People's Committee of the province shall compile the results according to Form No. 2 and Form No. 3; at the same time, it shall submit the consolidated report on retired village cadres due to old age, based on Form No. 1, from communes, wards, and towns under its jurisdiction to the Ministry of Home Affairs and the Ministry of Finance for consolidation and monitoring.
5. An officer of a commune who retires due to old age and moves to a new legal place of residence within the same district shall have a subsidy transfer certificate issued by the commune level; within the same province, it shall be issued by the district level; outside the province, it shall be issued by the Department of Home Affairs. The subsidy transfer certificate must be accompanied by the retirement file and decision (in case of loss, there must be a confirmation letter from the competent authority at the same level), then the local department shall continue to pay for the transferred officer. In cases where an officer of a commune who retires due to old age and moves to a new legal place of residence before the effective date of Decree No. 119/2005/NĐ-CP dated September 27, 2005 of the Government, the levels currently paying shall continue to pay for the recipient.
V. IMPLEMENTATION PROVISIONS
1. This Circular shall take effect fifteen days after its publication in the Official Gazette.
2. During implementation, if there are any difficulties, the ministries, sectors, and localities shall report to the Ministry of Home Affairs and the Ministry of Finance for research and resolution./.
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