Decree No. 117/2005/NĐ-CP adjusts the monthly pension and social insurance benefits for certain groups from October 1, 2005 to September 30, 2006, with specific increases based on old and new salary coefficients.
Đối tượng áp dụng
Officials, civil servants, workers, employees; military personnel, public security officers, personnel engaged in confidential work; rubber plantation workers; village, ward, town officials currently receiving pensions or social insurance benefits.
Các điểm cốt lõi
- Retired officials, civil servants, workers, employees → increase by 10% or 8% on the current pension amount received
- Retired military personnel, public security officers, personnel engaged in confidential work → increase by 10% or 8% on the current pension amount received
- Those currently receiving monthly disability benefits → increase by 10%
- The average monthly salary paid for social insurance contributions from October 1, 2004 to September 30, 2006 is specifically defined
- Adjustment costs are covered by the State budget or the social insurance fund
🌐 Tác động xã hội từ văn bản này
- Positive impact: Helps improve the living standards of those receiving pensions and social insurance benefits
- Negative impact: Increased costs for the State budget or the social insurance fund
❓ Câu hỏi thường gặp
How will my pension be adjusted?
If you are a retired official, civil servant, worker, employee with a pre-retirement salary below 390 dong/month, your pension will increase by 10% on the current pension amount received. If your pre-retirement salary is 390 dong/month or more, your pension will increase by 8%. Other categories will be similarly adjusted.
What is the specific amount of the pension increase?
The specific increase is as follows: Retired officials, civil servants, workers, employees with a pre-retirement salary of 390 dong/month or less will have their pension increased by 10%, while those with a pre-retirement salary of 390 dong/month or more will have their pension increased by 8%. Military personnel, public security officers, and personnel engaged in confidential work will also be similarly adjusted.
When will I receive the new pension amount?
You will receive the new pension amount from October 1, 2005 to September 30, 2006, based on your retirement date.
Where does the adjustment funding come from?
For those receiving social insurance benefits before October 1, 1995, the funding comes from the State budget. For other categories, the funding comes from the social insurance fund.
When does this decree take effect?
This decree takes effect fifteen days after its publication in the Official Gazette.
Toàn văn
DECREE
Regarding the adjustment of pension and social insurance benefits
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Labor Code on June 23, 1994 and the Law Amending and Supplementing Certain Provisions of the Labor Code on April 2, 2002;
Pursuant to Resolution No. 17/2003/QH11 dated November 4, 2003 on the state budget for 2004 and Resolution No. 19/2003/QH11 dated November 26, 2003 on the tasks of the Eleventh National Assembly session in 2004;
At the proposal of the Minister of Labor, Invalids and Social Affairs,
DECREE:
Article 1. Adjust the monthly pension and social insurance benefits for the following categories:
1. Cadres, civil servants, workers, employees; military personnel, public security officers, and personnel engaged in confidential work receiving monthly pensions according to the salary scale and pay grade prescribed by the State.
2. Workers and employees receiving monthly pensions who have both worked under the salary scale and pay grade prescribed by the State and worked without such scales and grades.
3. Workers and employees currently receiving monthly disability benefits, including those receiving monthly benefits pursuant to Decision No. 91/2000/QĐ-TTg dated August 4, 2000 of the Government Prime Minister.
4. Rubber plantation workers currently receiving monthly benefits.
5. Cadres of communes, wards, and towns currently receiving monthly pensions and social insurance benefits according 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 2. From October 1, 2005 to September 30, 2006, the monthly pension and social insurance benefits for individuals receiving pensions and social insurance benefits before October 1, 2005 as stipulated in Article 1 of this Decree shall be adjusted as follows:
1. For cadres, civil servants, workers, and employees retiring:
a. Increase by 10% on the current pension amount for those with a pre-retirement salary below 390 dong/month according to Decree No. 235/HĐBT dated September 18, 1985 of the Council of Ministers; having an old salary coefficient below 3.06 according to Decree No. 25/CP and Decree No. 26/CP dated May 23, 1993 of the Government; having a new salary coefficient below 3.99 according to Resolution No. 730/2004/NQ-UBTVQHK11 dated September 30, 2004 of the Standing Committee of the National Assembly, Decision No. 128/QĐ-TW dated December 14, 2004 of the Central Committee of the Communist Party, Decree No. 204/2004/NĐ-CP dated December 14, 2004 and Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government.
b. Increase by 8% on the current pension amount for those with a pre-retirement salary of 390 dong/month or more according to Decree No. 235/HĐBT dated September 18, 1985 of the Council of Ministers; having an old salary coefficient of 3.06 or more according to Decree No. 25/CP and Decree No. 26/CP dated May 23, 1993 of the Government; having a new salary coefficient of 3.99 or more according to Resolution No. 730/2004/NQ-UBTVQHK11 dated September 30, 2004 of the Standing Committee of the National Assembly, Decision No. 128/QĐ-TW dated December 14, 2004 of the Central Committee of the Communist Party, Decree No. 204/2004/NĐ-CP dated December 14, 2004 and Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government.
2. For military personnel, public security officers, and personnel engaged in confidential work receiving salaries according to the pay grade of military ranks of officers in the People's Army; officers and non-commissioned officers of the Public Security Force and the pay grade of professional military personnel in the People's Army and technical staff in the Public Security Force retiring:
a. Increase by 10% on the current pension amount for those with a pre-retirement salary below 425 dong/month according to Decree No. 235/HĐBT dated September 18, 1985 of the Council of Ministers; having an old salary coefficient below 4.4 according to Decree No. 25/CP dated May 23, 1993 of the Government; having a new salary coefficient below 5.6 according to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government;
b. Increase by 8% on the current pension amount for those with a pre-retirement salary of 425 dong/month or more according to Decree No. 235/HĐBT dated September 18, 1985 of the Council of Ministers; having an old salary coefficient of 4.4 or more according to Decree No. 25/CP dated May 23, 1993 of the Government; having a new salary coefficient of 5.6 or more according to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government.
3. Increase by 10% on the current disability benefit amount for those currently receiving monthly disability benefits; those receiving monthly benefits according to Decision No. 91/2000/QĐ-TTg dated August 4, 2000 of the Government Prime Minister; rubber plantation workers currently receiving monthly benefits, and cadres of communes, wards, and towns currently receiving monthly pensions and social insurance benefits according 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 3. The average monthly salary used as the basis for calculating retirement pensions, lump-sum social insurance benefits upon retirement, lump-sum social insurance benefits, and lump-sum survivor benefits, as well as the adjustment of pensions for those receiving salaries according to the salary scale and pay grade prescribed by the State who retire and receive social insurance benefits from October 1, 2005 to September 30, 2006, shall be as follows:
1. The average monthly salary used as the basis for calculating retirement pensions and social insurance benefits shall be determined as follows:
a. For the period of social insurance contributions prior to October 1, 2004: calculated based on the salary received and social insurance contributions made in accordance with Resolution No. 35/NQ-UBTVQHK9 dated May 17, 1993 of the Standing Committee of the National Assembly, Decision No. 69-QĐ/TW dated May 17, 1993 of the Central Committee of the Communist Party, Decree No. 25/CP and Decree No. 26/CP dated May 23, 1993 of the Government;
b. For the period of social insurance contributions from October 1, 2004 onwards: calculated based on the salary received and social insurance contributions made in accordance with Resolution No. 730/2004/NQ-UBTVQHK11 dated September 30, 2004 of the Standing Committee of the National Assembly; Decision No. 128/QĐ-TW dated December 14, 2004 of the Central Committee of the Communist Party; Decree No. 204/2004/NĐ-CP and Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government.
2. The level of adjustment for pension benefits for persons retiring from October 1, 2005 to September 30, 2006 shall be implemented once at the month of retirement according to the following provisions:
|
Month of retirement from October 2005 to September 2006 |
Retiring in the last three months of 2005 |
Retirement in the first nine months of 2006 |
||||||||||
|
|
T10 |
T11 |
T12 |
T1 |
T2 |
T3 |
T4 |
T5 |
T6 |
T7 |
T8 |
T9 |
|
Adjustment Rate (%) |
14 |
13,5 |
13 |
12,5 |
12 |
11,5 |
11 |
10,5 |
10 |
9,5 |
9,0 |
8,5 |
Article 4. For persons retiring under the subject matter prescribed in Clause 2, Article 1 of this Decree, only the portion of the pension benefit based on the state-prescribed salary scale and pay grade shall be adjusted. The levels of adjustment shall be carried out according to the provisions set forth in Clause 1, Clause 2, Article 2 and Clause 2, Article 3 of this Decree.
Article 5. The average monthly salary paid for social insurance contributions serving as the basis for calculating pension benefits and the level of adjustment for pension benefits for persons waiting to retire and meet the age requirement for receiving pension benefits shall be determined based on the month of waiting to retire and the period required to reach the age for receiving pension benefits, as follows:
1. For persons waiting to retire and meet the age requirement for receiving pension benefits before October 1, 2004 and meeting the conditions for receiving pension benefits during the period from October 1, 2005 to before October 1, 2006:
a. The average monthly salary paid for social insurance contributions serving as the basis for calculating pension benefits shall be calculated according to the salary level prescribed in the documents mentioned in point a, Clause 1, Article 3 of this Decree;
b. The level of adjustment for pension benefits shall be equal to the level of adjustment for pension benefits for persons retiring before October 1, 2004 as prescribed in Article 2 of Decree No. 208/2004/NĐ-CP and the level of adjustment for pension benefits for persons retiring before October 1, 2005 as prescribed in Clause 1, Clause 2, Article 2 of this Decree.
2. For persons waiting to retire and meet the age requirement for receiving pension benefits from October 1, 2004 to before October 1, 2005 and meeting the conditions for receiving pension benefits during the period from October 1, 2005 to before October 1, 2006:
a. The average monthly salary paid for social insurance contributions serving as the basis for calculating pension benefits shall be determined according to Clause 1, Article 3 of this Decree;
b. The level of adjustment for pension benefits shall be equal to the level of adjustment for pension benefits for persons retiring from October 1, 2004 to September 30, 2005 as prescribed in Clause 2, Article 3 of Decree No. 208/2004/NĐ-CP and the level of adjustment for pension benefits for persons retiring before October 1, 2005 as prescribed in Clause 1, Clause 2, Article 2 of this Decree.
3. For persons waiting to retire and meeting the conditions for receiving pension benefits during the period from October 1, 2005 to before October 1, 2006:
a. The average monthly salary paid for social insurance contributions serving as the basis for calculating pension benefits shall be determined according to Clause 1, Article 3 of this Decree;
b. The level of adjustment for pension benefits shall be equal to the level of adjustment for pension benefits for persons retiring from October 1, 2005 to September 30, 2006 as prescribed in Clause 2, Article 3 of this Decree.
Article 6. The funding for adjusting pension benefits and monthly social insurance allowances applicable to the subjects prescribed in Article 1 of this Decree shall be as follows:
1. For persons receiving social insurance benefits before October 1, 1995, the State budget shall ensure the funding.
2. For persons receiving social insurance benefits from October 1, 1995 onwards, including those currently receiving pension benefits and monthly social insurance allowances 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, the social insurance fund shall ensure the funding.
Article 7. This Decree shall take effect fifteen days after its publication in the Official Gazette.
The subjects prescribed in Article 1 of this Decree shall receive the adjusted pension benefits and monthly social insurance allowances as prescribed in this Decree starting from October 1, 2005.
Article 8.
1. The Ministry of Labor, Invalids and Social Affairs shall be responsible for:
a. Guidance on implementing the adjustment of pension benefits and monthly social insurance allowances as prescribed in this Decree;
b. Proposing the Government to continue adjusting the level of pension benefits and monthly social insurance allowances for the subjects prescribed in Article 1 of this Decree from October 1, 2006 to October 1, 2007.
2. The Ministry of Finance shall be responsible for ensuring the funding for adjusting pension benefits and monthly social insurance allowances for the subjects covered by the State budget.
3. The Vietnam Social Security shall be responsible for ensuring the funding for adjusting pension benefits and monthly social insurance allowances for the subjects covered by the social insurance fund; organizing guidance for local social security agencies to implement the adjustment of pension benefits and monthly social insurance allowances and organizing timely payment to the subjects in accordance with this Decree.
Article 9. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.
PRIME MINISTER
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