Circular No. 13/2011/TT-BLDTBXH guiding the adjustment of pension, social insurance allowance, and monthly allowance according to Decree No. 23/2011/NĐ-CP dated April 4, 2011, and Decree No. 22/2011/NĐ-CP dated April 4, 2011 of the Government.

CIRCULAR

Guidelines for adjusting pensions, social insurance benefits, and monthly allowances

 month pursuant to Decree No. 23/2011/NĐ-CP dated April 4, 2011, andAPPLICATION

Decree No. 22/2011/NĐ-CP dated April 4, 2011 of the Government

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

Pursuant to Decree No. 23/2011/NĐ-CP dated April 4, 2011 of the Government on adjusting pensions, social insurance benefits, and monthly allowances for retired village cadres (hereinafter referred to as Decree No. 23/2011/NĐ-CP);

Pursuant to Decree No. 22/2011/NĐ-CP dated April 4, 2011 of the Government stipulating the minimum wage (hereinafter referred to as Decree No. 22/2011/NĐ-CP);

The Ministry of Labor, Invalids and Social Affairs hereby provides guidelines for adjusting pensions, social insurance benefits, and monthly allowances as follows:

Article 1. Scope of application

1. Civil servants, employees, workers, officials, and laborers (including those who have retired and are receiving monthly allowances from the social insurance fund of Nghe An farmers under Decision No. 41/2009/QD-TTg dated March 16, 2009 of the Prime Minister); military personnel, police officers, and civil servants currently receiving pensions before May 1, 2011.

2. Village, ward, and town cadres as prescribed in Decree No. 92/2009/NĐ-CP dated October 22, 2009, Decree No. 121/2003/NĐ-CP dated October 21, 2003, and Decree No. 09/1998/NĐ-CP dated January 23, 1998 of the Government, currently receiving pensions and monthly allowances before May 1, 2011.

3. Persons currently receiving monthly disability benefits; persons currently receiving monthly allowances under Decision No. 91/2000/QD-TTg dated August 4, 2000, Decision No. 613/QD-TTg dated May 6, 2010 of the Prime Minister, and rubber plantation workers currently receiving monthly allowances before May 1, 2011.

4. Persons currently receiving monthly work injury and occupational disease benefits before May 1, 2011.

5. Persons currently receiving monthly survivor benefits before May 1, 2011.

6. Persons currently receiving sick leave and maternity benefits before May 1, 2011, belonging to the group implementing state-prescribed salary regulations, and whose benefit entitlement period continues beyond May 1, 2011 according to the regulations.

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:

1. For the subjects specified in Clauses 1, 2, and 3 of Article 1 of this Circular who are currently receiving pensions and monthly allowances, the pension and monthly allowance levels shall be adjusted as follows:

Monthly pension and allowance level from May 1, 2011 = Monthly pension and allowance level in April 2011 x 1.137

Example 1: Mr. A has a monthly pension level in April 2011 of 1,938,027 VND/month. The pension level of Mr. A from May 2011 will be adjusted as follows:

1,938,027 VND/month x 1.137 = 2,203,537 VND/month

Example 2: Mr. B, with the rank of Major, has a monthly pension level in April 2011 of 2,544,983 VND/month. The pension level of Mr. B from May 2011 will be adjusted as follows:

2,544,983 VND/month x 1.137 = 2,893,646 VND/month

Example 3: Mr. C, a retired village cadre receiving monthly allowances under Decree No. 09/1998/NĐ-CP, has a monthly allowance level in April 2011 of 947,046 VND/month.

The monthly allowance level of Mr. C from May 2011 will be adjusted as follows:

947,046 VND/month x 1.137 = 1,076,791 VND/month

Example 4: Mr. D, retired and receiving monthly disability benefits, has a monthly allowance level in April 2011 of 1,028,407 VND/month. The monthly disability allowance level of Mr. D from May 2011 will be adjusted as follows:

1,028,407 VND/month x 1.137 = 1,169,299 VND/month

2. For the subjects specified in Clause 4 of Article 1 of this Circular, the monthly work injury and occupational disease allowance levels shall be adjusted as follows:

a) For those currently receiving work injury and occupational disease allowances:

Monthly work injury and occupational disease allowance level from May 1, 2011 = Monthly work injury and occupational disease allowance level in April 2011 x 1.137

Example 5: Mr. G, currently receiving monthly work injury allowances, has a monthly allowance level in April 2011 of 436,671 VND/month. The monthly work injury allowance level of Mr. G from May 2011 will be adjusted as follows:

436,671 VND/month x 1.137 = 496,495 VND/month

b) For those who suffered work injuries or occupational diseases and were discharged from hospital or had a medical board's conclusion (for non-inpatient cases) between May 1, 2010, and April 30, 2011, and whose benefits had not been processed, the monthly work injury and occupational disease allowance will still be calculated based on the minimum wage at the time of discharge or conclusion; from May 1, 2011, the allowance level for these individuals will be adjusted according to point a of this clause.

c) For those suffering from work injuries or occupational diseases and currently receiving service allowances, from May 1, 2011, the monthly service allowance will be calculated based on the minimum wage of 830,000 VND/month.

3. For the subjects receiving monthly survivor benefits specified in Clause 5 of Article 1 of this Circular, the allowance levels shall be adjusted as follows:

a) The survivor allowance for dependents currently receiving monthly survivor benefits from May 1, 2011, will be calculated based on the minimum wage of 830,000 VND/month. Example 6: Mr. H, currently receiving survivor benefits for dependents without direct caregivers at a rate of 70% of the minimum wage. From May 1, 2011, Mr. H's monthly survivor benefit will be: 70% x 830,000 VND/month = 581,000 VND/month.

b) For those who died between May 1, 2010, and April 30, 2011, and whose survivors had not yet received survivor benefits, the monthly survivor benefit for the months prior to May 1, 2011, will be calculated based on the minimum wage of 730,000 VND/month. From May 1, 2011, the monthly survivor benefit for these individuals will be adjusted according to point a of this clause.

4. For the subjects specified in Clause 6, Article 1 of this Circular who, from May 1, 2011 onwards, still have remaining periods for receiving allowances, the amount of allowance for the remaining period shall be calculated based on the general minimum wage of 830,000 VND/month.

5. Military personnel and public security officers who have transferred to civilian jobs and retired or left work due to health reasons and have already received transfer allowances as stipulated in Article 3 of Decision No. 812/TTg dated December 12, 1995 of the Prime Minister, from May 1, 2011, the transfer allowance shall be calculated based on the general minimum wage of 830,000 VND/month.

6. Persons receiving pensions who live alone as defined in Article 2 of Decision No. 812/TTg dated December 12, 1995 of the Prime Minister, if their adjusted pension amount under Clause 1 of this Article is lower than 1,245,000 VND/month, from May 1, 2011, it shall be adjusted to 1,245,000 VND/month.

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 National Defense, and the Ministry of Public Security to inspect the implementation in accordance with the provisions of Decree No. 23/2011/NĐ-CP, Decree No. 22/2011/NĐ-CP, and this Circular.

2. People's Committees of provinces and centrally governed cities shall be responsible for directing the Department of Labor - Invalids and Social Affairs and related 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 stipulated in Decree No. 23/2011/NĐ-CP, Decree No. 22/2011/NĐ-CP, and the guidance provided in this Circular; prepare and submit reports according to the attached form to the Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance before June 15, 2011.

Article 4. Effective date

This Circular takes effect 45 days from the date of issuance; the regimes prescribed in this Circular shall be implemented from May 1, 2011. In case of difficulties during implementation, they should be reported to the Ministry of Labor - Invalids and Social Affairs for study and resolution.

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