Circular No. 12/2001/TT-BLDTBXH guides on the retirement age for coal miners working underground.

CIRCULAR

Guidelines on the retirement age for workers engaged in underground coal mining.

Implementing Decree No. 61/2001/NĐ-CP dated September 7, 2001 of the Government regarding the retirement age for workers engaged in underground coal mining. furnace, after after exchanging opinions with the Vietnam General Confederation of Labor and one number relevant agency, the Ministryof Labor, Invalids, and Social Affairs

hereby provides the following guidance on implementation:

I. SCOPE AND APPLICABLE SUBJECTS

The scope of application includes underground coal mining enterprises, specifically:

State-owned enterprises within the purview of the Law on State-Owned Enterprises; Foreign-invested enterprises within the purview of the Law on Foreign Investment in Vietnam;

Enterprises within the purview of the Enterprise Law.

Applicable subjects are regular workers engaged in underground coal mining jobs, specifically as follows: Underground coal mining;

Transporting coal, soil, and rock in underground mines,

Operating drilling machines in underground mines;

Blasting in underground mines;

Tunneling to extract coal.

1. Conditions:

CONDITIONS AND BENEFITS IThe individuals mentioned in Section

above shall be entitled to retirement benefits if they meet the following conditions:

b)Containing content inciting violence, propaganda for aggressive war causing hatred among ethnic groups and peoples; inciting obscenity, depravity, crime; a) Age 50 or older;

at least 20 years of social insurance contributions, including at least 15 years working in underground coal mining jobs and contributing to social insurance according to the corresponding salary level (if contributions are not continuous, they can be accumulated).

2. Benefits:

Article 2 of Decree No. 61/2001/NĐ-CP stipulates that the monthly pension of workers engaged in underground coal mining jobs shall be calculated according to the general provisions set forth in Decree No. 12/CP dated January 26, 1995, and Decree No. 93/1998/NĐ-CP dated November 12, 1998 of the Government, specifically as follows: Contributing to social insurance for 15 years equals 45% of the average monthly salary used as the basis for social insurance contributions over the five consecutive years with the highest salary, then for each additional year of social insurance contribution, an additional 2% is added, up to a maximum of 75% of the average monthly salary used as the basis for social insurance contributions over the five consecutive years with the highest salary:

a1) The calculation of the pension is carried out as follows:

Those who have contributed to social insurance for 15 years will be calculated at 45% of the average monthly salary used as the basis for social insurance contributions, then for each additional year (12 months) of social insurance contribution, an additional 2% is added, up to a maximum of 75% of the average monthly salary used as the basis for social insurance contributions. In addition to the monthly pension, workers who have contributed to social insurance for more than 30 years will also receive a one-time allowance, calculated as follows: From the 31st year onwards, for each year (12 months) of social insurance contribution, they will receive half a month's worth of the average monthly salary used as the basis for social insurance contributions, but not exceeding 5 social insurance is received for up to five months based on the average monthly wage used as the basis for social insurance contributions, but not exceeding five months.monthly.

Example 1: OExample 1

Mr. Hoang Dinh Q, as of January 2001, is 50 years old and has contributed to social insurance for 28 years, including 15 years working in underground coal mining jobs. Mr. Q's pension is calculated as follows:

For the first 15 years: 45%

From the 16th to the 28th year: 13 years x 2%/year = 26% + 26% = 71%.

Total: 45% Article 24Therefore, Mr. Q's pension is calculated at 71% of the average monthly salary used as the basis for social insurance contributions.

corporateincome tax paid according to the host country's regulations is 520 millionVND.: Mr. Le Huu X, as of January 2001, is 50 years old and has contributed to social insurance for 32 years, including 15 years working in underground coal mining jobs. Mr. X's pension is calculated as follows: X It is calculated as follows:

Mr. Hoang Dinh Q, as of January 2001, is 50 years old and has contributed to social insurance for 28 years, including 15 years working in underground coal mining jobs. Mr. Q's pension is calculated as follows:

From the 16th to the 30th year:

15 years x 2%/year = 30%

From the 16th to the 28th year: 13 years x 2%/year = 26% + 30% = 75%.

From the 31st to the 32nd year, which is 2 years, Mr. X X will receive a one-time allowance equal to one month's worth of the average monthly salary used as the basis for social insurance contributions.

In this case, Mr. X's monthly pension is calculated at 75% of the average monthly salary used as the basis for social insurance contributions. X a2) The average monthly salary used as the basis for social insurance contributions over the five consecutive years with the highest salary is calculated using the following formula:

Average monthly salary used as the basis for social insurance contributions

Example 3: Mr. Tran Van D, as of January 1, 2001, is 50 years old and has contributed to social insurance for 26 years and 10 months, including 17 years working in underground coal mining jobs, with the process of work and social insurance contributions as follows:

From March 1975 to December 1999, continuously worked in underground coal mining jobs and received salaries according to different periods:

From March 1975 to June 1979, received salary grade 1 at 50 dong, converted according to Decree No. 235/HĐBT dated September 18, 1985 to 352 dong; converted according to Decree No. 26/CP dated May 28, 1993 with a factor of 1.62 (new grade 1);

From July 1979 to June 1984, received salary grade 2 at 59.6 dong, converted according to Decree No. 235/HĐBT to 375 dong; converted according to Decree No. 26/CP with a factor of 1.92 (new grade 2);

From July 1984, received salary grade 3 at 70.9 dong, until September 1985 was converted according to Decree No. 235/HĐBT to 339 dong and continued to receive until June 1988; converted according to Decree No. 26/CP with a factor of 2.28 (new grade 3);

From July 1988 to May 1993, received salary grade 4 at 432 dong, converted according to Decree No. 26/CP dated May 23, 1998 with a factor of 3.01 (new grade 4);

From June 1993 to June 1996, received salary grade 5 with a factor of 3.58

From July 1996 to December 1999, received salary grade 6 with a factor of 4.24.

From January 2000 to December 2001, switched to working on mine road repair, receiving salary according to a factor of 3.45 (grade 7, Group II A6 construction wage scale).

The average monthly salary used as the basis for social insurance contributions over the five consecutive years with the highest salary is calculated from January 1995 to December 1999, specifically:

From January 1995 to June 1996:

18 months x (3.58 x 210,000 dong) = 13,532,400 dong.

From July 1996 to December 1999:

42 months x (4.24 x 210,000 dong) = 37,396,800 dong.

Example 4: Mr. Pham Van N ||| has 24 years of service, including 16 years as underground coal mining workers meeting the conditions for retirement in April 2002, due to frequent job changes, the salary levels at different stages were different:

From April 1978 to December 1981, performed underground coal mining work at salary grade 1 of 50 dong, converted according to Decree No. 235/HĐBT to 352 dong; converted according to Decree No. 26/CP with a factor of 1.62 (new grade 1).

From January 1982 to August 1985, performed underground coal mining work at salary grade 2 of 59.6 dong, converted according to Decree No. 235/HĐBT to 375 dong; converted according to Decree No. 26/CP with a factor of 1.92 (new grade 2).

From September 1985 to December 1989, performed underground coal mining work at salary grade 3 of 399 dong, converted according to Decree No. 26/CP with a factor of 2.28 (new grade 3).

From January 1990 to December 1992, performed underground coal mining work at salary grade 4 of 432 dong, converted according to Decree No. 26/CP with a factor of 3.01 (new grade 4); From January 1998 to December 1995, performed underground coal mining work at salary grade 5 of 462 dong, converted according to Decree No. 26/CP with a factor of 3.58 (new grade 5);

From January 1996 to December 1999, transferred to security guard work at salary according to a factor of 2.92 (grade 5, scale B.16 for workers' and employees' direct production and business service wages).

From January 2000 to March 2002, returned to perform underground coal mining work at salary according to a factor of 3.58 (grade 5).

Thus, the individual had two periods with the highest salary factors of 3.58 (from January 1993 to December 1995 and from January 2000 to March 2002), but these two periods cannot be combined to calculate the average monthly salary because they are not consecutive. N ||| In this case, the average monthly salary for social insurance contributions over the five consecutive years with the highest salary levels is calculated from January 1991 to December 1995: From January 1991 to December 1992, the salary level is calculated based on a factor of 3.01;

From January 1993 to December 1995, the salary level is calculated based on a factor of 3.58.

Specifically as follows:

From January 1991 to December 1992:

24 months x (3.01 x 210,000 dong) = 15,170,400 dong.

From January 1993 to December 1995:

36 months x (3.58 x 210,000 dong) = 27,064,800 dong.

15,170,400 dong + 27,064,800 dong

b) Other benefits such as sickness, maternity, occupational accidents and diseases, death, are provided according to Decree No. 12/CP dated January 26, 1995 of the Government and guidelines at Circular No. 06/LĐTBXH-TT dated April 4, 1995 of the Ministry of Labor, Invalids and Social Affairs.

3. In cases where the worker is 50 years old but still lacks less than 5 years of social insurance contributions, and is still in good health, they may continue working until retirement conditions are met, but not exceeding 55 years old, specifically as follows: a) Having worked for 15 years or more in underground coal mining work but lacking less than 20 years of social insurance contributions, if still in good health, they may continue working and contributing to social insurance until reaching 20 years of contributions.

Example 5: As of January 1, 2002, Mr. Nguyen Van A is 50 years old, has contributed to social insurance for 17 years, including 15 years in underground coal mining work, but still in good health, he may continue working and contributing to social insurance for another 3 years to reach 20 years of contributions, then proceed with retirement benefits.

b) Not having worked for 15 years in underground coal mining work but having 20 years of social insurance contributions, if still in good health, they may continue working in underground coal mining until reaching 15 years of work to qualify for retirement benefits.

Example 6 As of January 1, 2002, Mr. Ha Van B is 50 years old, has contributed to social insurance for 21 years, including 14 years in underground coal mining work, but still in good health, he may continue working in underground coal mining and contributing to social insurance for another 1 year to reach 15 years of work in underground coal mining, then proceed with retirement benefits.

c) Not having 20 years of social insurance contributions and not having 15 years of work in underground coal mining, if still in good health, they may continue working until both conditions are met to qualify for retirement benefits.

Example 7:: As of January 1, 2002, Mr. Nguyen Van C is 50 years old, has contributed to social insurance for 16 years, including 13 years in underground coal mining work, if still in good health, he may continue working and contributing to social insurance for another 4 years to meet the condition of 20 years of contributions, including at least 2 years in underground coal mining work to meet the condition of 15 years of work in underground coal mining, then proceed with retirement benefits. The retirement salary and other social insurance benefits for the cases stipulated in point 3 are calculated as in point 2 Section II mentioned above. Vietnam Coal Corporation is responsible for widely disseminating Decree No. 61/2001/NĐ-CP dated September 7, 2001 of the Government and this Circular to workers; and directing member units to prepare retirement eligibility files and work with local social insurance agencies to resolve retirement benefits for workers.

2. Vietnam Social Security is responsible for guiding provincial social insurance agencies to implement, accept applications, and promptly resolve social insurance benefits for workers in accordance with regulations. The guidance document shall be sent one copy to the Ministry of Labor, Invalids and Social Affairs for monitoring and inspection.

3. Department of Labor, Invalids and Social Affairs shall coordinate with Trade Union and local social insurance agencies to guide, inspect, and audit the implementation of benefits for workers in accordance with this Circular. 4. This Circular takes effect from January 1, 2002. There will be no retroactive adjustment of benefits for those who have already received retirement benefits before this Circular takes effect.

During implementation, if there are any difficulties, please report to the Ministry of Labor, Invalids and Social Affairs for research and resolution./.

III. IMPLEMENTATION

1.Vietnam National Coal Corporation is responsible for widely disseminating Decree No. 61/2001/NĐ-CP dated September 7, 2001, issued by the Government, and this Circular to workers; at the same time, directing member units to prepare files for those meeting retirement conditions and work with local social insurance agencies to resolve pension benefits for workers.

2. The Vietnam Social Security is responsible for guiding provincial and municipal social insurances in implementing this Circular, receiving files, and promptly resolving social insurance benefits for workers in accordance with regulations. The guidance document shall be sent one copy to the Ministry of Labor, Invalids, and Social Affairs for monitoring and inspection.

3. Department of Labor, Invalids, and Social Affairs shall coordinate with the Trade Union and local social insurances to guide, inspect, and audit the implementation of benefits for workers in accordance with the provisions of this Circular.

4. This Circular takes effect from January 1, 2002.

No retroactive adjustment of benefits will be made for individuals who have already received retirement benefits before the date this Circular comes into effect.

During the implementation process, if there are any difficulties, please report them to the Ministry of Labor, Invalids, and Social Affairs for study and resolution./.