Decree No. 122/2008/ND-CP stipulates regional allowances for pension recipients, one-time social insurance benefits, disability allowances, and monthly occupational injury and occupational disease allowances. It applies to workers who retire from January 1, 2007 onwards and those receiving these benefits before January 1, 2007 at places with regional allowances.
적용 범위
Workers retiring from January 1, 2007 onwards and eligible for pensions, one-time social insurance benefits, and those receiving monthly disability, occupational injury, and occupational disease allowances before January 1, 2007 at places with regional allowances.
핵심 사항
- Workers retiring from January 1, 2007 onwards will receive one-time allowances corresponding to the time and amount of regional allowances paid into social insurance.
- Those receiving pensions, disability allowances, occupational injury allowances, and occupational disease allowances monthly before January 1, 2007 at places with regional allowances will continue to receive allowances according to their current level until new regulations are issued.
- One-time allowances are guaranteed by the State budget or the Social Insurance Fund depending on the length of service and the source of social insurance contributions.
- Regional allowances are guaranteed by the State budget or the Social Insurance Fund, depending on the type of allowance being received by pensioners, disability allowance recipients, occupational injury allowance recipients, and occupational disease allowance recipients.
- This Decree takes effect 15 days after its publication in the Official Gazette and replaces previous regulations.
🌐 이 문서의 사회적 영향
- Citizens will benefit from the implementation of regional allowances under this Decree, helping to improve their living standards.
- Enterprises may face increased costs if they have to pay additional allowances to retired workers.
- The entities negatively affected are enterprises and state management agencies.
❓ 자주 묻는 질문
When are workers entitled to one-time allowances?
Workers retiring from January 1, 2007 onwards will be entitled to one-time allowances corresponding to the time and amount of regional allowances paid into social insurance.
Who guarantees one-time allowances?
One-time allowances are guaranteed by the State budget or the Social Insurance Fund, depending on the length of service and the source of social insurance contributions.
Are pensioners entitled to regional allowances?
Pensioners, disability allowance recipients, occupational injury allowance recipients, and occupational disease allowance recipients receiving monthly benefits before January 1, 2007 at places with regional allowances will continue to receive allowances according to their current level until new regulations are issued.
When does this Decree take effect?
This Decree takes effect 15 days after its publication in the Official Gazette and replaces previous regulations.
Who is responsible for guiding the implementation of this Decree?
The Ministry of Labor, Invalids and Social Affairs shall lead and coordinate with relevant ministries and sectors to guide the implementation of this Decree.
전문
DECREE
Regarding the implementation of regional allowances for persons receiving retirement pensions, one-time social insurance payments, disability benefits, and monthly occupational injury and occupational disease 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; the Law Amending and Supplementing Certain Articles of the Labor Code on April 2, 2002; the Law Amending and Supplementing Certain Articles of the Labor Code on November 29, 2006;
Pursuant to the Social Insurance Law dated June 29, 2006;
Considering the proposal of the Minister of Labor, Invalids and Social Affairs, the Minister of Interior, and the Minister of Finance,
DECREE:
Article 1. Scope of Regulation
This Decree stipulates the regional allowances for persons receiving retirement pensions, one-time social insurance payments, disability benefits, and monthly occupational injury and occupational disease benefits.
Article 2. Object and Application Regime
1. Workers who retire and meet the conditions for receiving retirement pensions or one-time social insurance payments from January 1, 2007 onwards, and who had previously contributed to social insurance including regional allowances, shall, in addition to receiving retirement pensions or one-time social insurance payments as prescribed, also be entitled to a one-time allowance corresponding to the period and amount of regional allowances they had contributed to social insurance.
2. Persons currently receiving retirement pensions, disability benefits, and monthly occupational injury and occupational disease benefits before January 1, 2007, residing in areas with regional allowances, shall continue to receive regional allowances at their current rate (not adjusted according to the general minimum wage) until new regulations are issued by the Government.
Article 3. Sources of Funding for One-Time Allowances for the Subjects Specified in Article 2 of this Decree are as Follows:
1. The sources of funding for one-time allowances for the subjects specified in Clause 1 of Article 2 of this Decree are as follows:
a. One-time allowances for periods of work in areas with regional allowances prior to January 1, 1995 shall be guaranteed by the State budget.
b. One-time allowances for periods of work from January 1, 1995 onwards, during which social insurance contributions including regional allowances were made, shall be guaranteed by the Social Insurance Fund.
2. The sources of funding for regional allowances for the subjects specified in Clause 2 of Article 2 of this Decree are as follows:
a. Persons currently receiving retirement pensions, disability benefits, and monthly occupational injury and occupational disease benefits paid from the State budget shall have their regional allowances guaranteed by the State budget.
b. Persons currently receiving retirement pensions, disability benefits, and monthly occupational injury and occupational disease benefits paid from the Social Insurance Fund shall have their regional allowances guaranteed by the Social Insurance Fund.
Article 4. Effective date
Article 15. Effective Date
The provisions set forth in this Decree shall be implemented from January 1, 2007.
2. The provisions set forth in this Decree replace previous regulations concerning regional allowances for persons receiving retirement pensions, disability benefits, and monthly occupational injury and occupational disease benefits.
Article 5. Responsibility for Guidance on Implementation
The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with relevant ministries and sectors to guide the implementation of this Decree.
Article 6. Responsibility for Implementation
Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.
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