Joint Circular No. 13/LB-TT guiding temporarily the adjustment of pensions and allowances for social policy beneficiaries.

CIRCULAR

OF THE MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS - FINANCE

GUIDELINES FOR TEMPORARY ADJUSTMENTS

OF PENSION AND SOCIAL BENEFITS

Implementing Decree No. 27/CP dated May 23, 1993 of the Government on temporary adjustments to pension levels and social benefits for individuals receiving social policy support; the Joint Ministry of Labour - Invalids and Social Affairs - Finance provides guidance as follows:

I. ADJUSTMENTS TO PENSIONS AND SOCIAL BENEFITS

1. For those who retired before April 1, 1993;

The pension level for state workers and civil servants in the first adjustment on April 1, 1993 shall be temporarily adjusted to 120% of the current salary level, while the pension level for military personnel shall be temporarily adjusted to 130% of the current salary level (the current pension level includes: pension calculated according to Decision No. 203/HĐBT dated December 28, 1988, price subsidy, electricity subsidy, travel allowance, education allowance, and housing allowance).

Example 1: Officer A retired on January 1, 1988, with a basic salary at retirement calculated according to Decision 203/HĐBT of 63,510 dong, and a pension rate of 85%.

+ Current pension level includes:

+ New pension level adjusted to:

216,586 dong x 120% = 259,903 dong/month

Example 2: A military personnel retired in October 1988, rank at retirement was Captain, with 20 years of service, salary grade calculated according to Decision 203/HĐBT of 39,885 dong, seniority allowance was 7,977 dong, pension rate was 75%.

+ Current pension level includes:

+ Adjusted pension level is:

141,148 dong x 130% = 183,492 dong

2. For those currently receiving disability allowances, grade 1 occupational injury allowances, and grade 1 occupational disease allowances before April 1, 1993;

The allowance level in the first adjustment on April 1, 1993 shall be adjusted to 120% of the current allowance level (including: allowance calculated according to Decision 203/HĐBT, price subsidy, electricity subsidy, education allowance, and housing allowance.

Example: An officer stopped working to receive disability allowance from October 1, 1989, with a basic salary at stoppage calculated according to Decision 203/HĐBT of 34,056 dong, disability allowance rate was 50%.

+ New allowance adjusted to:

80,356 dong x 120% = 96,472 dong/month

3. Grade 3 occupational injury allowances, grade 3 and grade 4 occupational disease allowances before April 1, 1993.

The allowance level shall be adjusted to 120% of the current allowance level (including: allowance calculated according to Decision 203/HĐBT, price subsidy, education allowance, and housing allowance).

4. Allowances for rubber plantation workers who stopped working under Decision No. 206/HĐBT, regular pensions, and living expenses for concentrated social care recipients shall be adjusted as follows:

1. Disability allowances for war invalids, persons treated as war invalids (collectively referred to as war invalids), and allowances for veterans.

1. Disability allowances for war invalids, disabled veterans, and persons receiving benefits equivalent to war invalids (collectively referred to as war invalids)

1.1 War invalids receiving living allowance or not receiving salary when injured (including non-state workers and civil servants) shall be adjusted to receive monthly allowances according to a unified standard.

1.2 War invalids receiving salary when injured, in addition to the disability allowance they are currently receiving as of March 1993, shall receive additional allowances according to a unified standard.

1.3 War invalids classified as type B shall have their allowances adjusted as follows:

a. In addition to the living allowance, they shall receive monthly allowances according to a unified standard:

b. Those receiving allowances based on salary, in addition to the allowance they are currently receiving as of March 1993, shall receive additional allowances according to a unified standard:

2. Disabled veterans shall receive monthly allowances as follows:

2.1 Those receiving living allowance shall be adjusted to receive monthly allowances according to a unified standard:

2.2 Those receiving allowances based on salary, in addition to the allowance they are currently receiving as of March 1993, shall receive additional allowances according to a unified standard:

3. War invalids grade 1 with severe disabilities and disabled veterans grade 1 with severe diseases (according to Decision No. 303/HĐBT dated August 20, 1992 of the Council of Ministers and Circular No. 19/TT-LB dated September 21, 1992 of the Joint Ministry of Labour - Invalids and Social Affairs - Finance) shall, in addition to the allowance for war invalids grade 1 according to point 1 and disabled veterans grade 1 according to point 2 Section II, receive an additional 40,000 dong/month.

This additional allowance of 40,000 dong shall only apply to war invalids grade 1 and disabled veterans grade 1 in localities and rehabilitation centers for war invalids listed and approved by the Ministry of Labour - Invalids and Social Affairs according to a unified model attached to Circular No. 19/TT-LB.

4. Allowances for caregivers

- Caregivers for war invalids grade 1, disabled veterans grade 1, caregivers for grade 1 occupational injury victims, and caregivers for grade 1 occupational disease victims designated by the Medical Evaluation Board need to receive 88,000 dong/month.

Special caregivers for war invalids grade 1 with severe disabilities and disabled veterans grade 1 with severe diseases shall receive 110,000 dong/month.

The allowance for serving personnel shall be settled according to the list of war invalids and disabled veterans approved by the Ministry of Labor, Invalids, and Social Affairs.

5. War invalids and disabled veterans recognized from April 1, 1993 onwards

5.1 War invalids and disabled veterans who are classified with disability levels and diseases and are entitled to allowances as stipulated for war invalids and disabled veterans under Points 1, 2, 3, and 4 of Part II of this Circular, specifically:

- Those receiving living expenses or not receiving salaries shall be granted allowances at the unified rate specified in Point 1.1, 1.3.a, Point 2.1 of Part II of this Circular.

- Those receiving salaries shall have their allowances calculated based on the provisions prior to April 1, 1993, then added according to the unified rates for each level as specified in Points 1.2, 1.3.b, 2.2 of Part II of this Circular, with the calculation method as follows:

a. For war invalids and disabled veterans who are not civil servants, workers, or officials currently receiving salaries or pensions and have not yet been granted housing rent exemption benefits.

Allowance = basic salary according to Decision No. 203/HĐBT + seniority allowance (if applicable) x disability rate x 2.25 (or x 2.1 + 4,000 dong) - electricity subsidy (if applicable) + additional allowance (if applicable) + housing rent - education fee + allowance according to the level as prescribed above.

Example: Comrade A is a lieutenant with 10 years of service in the military, injured on April 10, 1993, and after disability assessment was rated at 1/4 and discharged.

+ New allowance: 207,400 dong + 40,000 dong = 247,000 dong/month

In cases where war invalids and disabled veterans have already received housing rent exemption benefits, the allowance is calculated according to the formula above but without the housing rent component.

As in the example above, if Comrade A rents state-owned housing and is exempted from rent, then:

b. For war invalids who are civil servants, workers, or officials currently receiving salaries or pensions

Allowance = (basic salary according to Decision No. 203/HĐBT + seniority allowance (if applicable) x disability rate x 2.25 (or 2.1 + 4,000 dong) + additional allowance (if applicable) + additional allowance according to the new regulations mentioned above.

Example: Comrade B is a chief specialist with a salary of 47,351 dong according to Decision No. 203/HĐBT, injured on April 20, 1993, and recognized as a war invalid of level 2/4 with a 70% disability rate. After being injured, Comrade B continued working at a state agency (or retired).

+ The allowance is calculated as follows:

(47,351 dong x 70% x 2.25 + 3,000) + 43,000 dong = 130,505 dong/month.

5. 2. Persons injured and determined to have a disability rate from 5% to 20% shall be entitled to a one-time allowance as follows:

5. 3. In addition to the general allowance, persons injured due to courageous actions (awarded commendations or higher) shall receive an additional one-time allowance of 400,000 dong.

6. Young volunteers injured during military training, injured in traffic accidents, or injured in war shall be entitled to disability allowances as war invalids of type B - Point 1.3a of Part II.

7. Military reservists and civilian self-defense forces who are not state workers or officials injured during military training (as stipulated in the Provisional Regulation on Military Personnel Welfare Benefits issued together with Decree No. 161/CP dated October 30, 1964, and Decree No. 08/NĐ-76 dated June 17, 1976) shall be entitled to allowances as follows:

a. Monthly allowance:

b. One-time allowance:

8. Allowances for families of martyrs and those who have contributed to the revolution

8. 1. Main dependents of martyrs and contributors to the revolution who are elderly or unable to work, and meet the conditions for allowances, shall receive a basic monthly allowance of 30,000 dong.

8. 2. The following individuals are entitled to a monthly maintenance allowance of 120,000 dong:

- Main dependents of martyrs and contributors to the revolution who are elderly and alone.

- Parents with only one child who is a martyr and main dependents of three martyrs who are no longer able to work.

- Orphans of martyrs who have not reached working age or are unable to work. Main dependents of martyrs may also be eligible for maintenance allowances according to Directive No. 09/TBXH dated September 1, 1986, of the Ministry of Veterans and Social Affairs.

8. 3. Main dependents of four or more martyrs, in addition to the monthly maintenance allowance (120,000 dong), shall also receive an additional basic allowance for each martyr, starting from the fourth martyr.

Example: Mrs. H, aged 56, is the main dependent of five martyrs, and her monthly allowance is as follows: Maintenance allowance:

8. 4. From April 1, 1993, the one-time allowance for families of martyrs is uniformly set at 1,680,000 dong.

9. Back payment of disability allowances and monthly pension allowances

In cases where injuries or deaths occurred before April 1, 1993, but were recognized as war invalids or martyrs from April 1, 1993 onwards, back payments of disability allowances and monthly pension allowances (if applicable) shall be calculated as follows:

- Prior to December 1988, implement Circular No. 02/LĐTBXH dated January 12, 1989, of the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of Decision No. 203/HĐBT.

- From January 1989 to March 31, 1993:

+ For war invalids and those receiving policies similar to war invalids who receive salaries, living expenses, or no salaries when injured, the monthly back payment is uniformly calculated according to the disability level. Type A:

+ For main dependents of martyrs, the monthly back payment of pension is uniformly set at 12,000 dong.

III. IMPLEMENTATION ORGANIZATION

Implementing adjustments to pensions and allowances for beneficiaries of social policies is the initial step in the process of reforming social policy in accordance with the spirit of the National Assembly's Resolution of the Eighth and Ninth Sessions. Therefore, ministries, sectors, and localities need to carry out the following tasks:

1. Fully understand the contents of the government's regulatory documents so that beneficiaries of social policies can grasp the situation that the country's economy and society still face many difficulties and cannot significantly improve living standards. The State will gradually adjust and improve the system for beneficiaries according to the development of the economy.

2. Departments of Labor, Invalids, and Social Affairs shall base on the files they manage of those receiving pensions and allowances for invalids and social welfare to implement in accordance with the provisions of this Circular.

3. Matters concerning the preparation and examination of budgets, and the organization of funding distribution:

- Departments of Finance together with Departments of Labor, Invalids, and Social Affairs shall guide the Labor, Invalids, and Social Affairs offices and district and county finance departments in calculating specific pension amounts and allowances for invalids and social welfare according to the new levels; examine and compile current expenditure budgets and additional portions under the new regulations to be sent to the Joint Ministry of Labor, Invalids, and Social Affairs - Finance to determine the expenditure levels for the entire sector and each locality nationwide. Funding distribution, payment of pensions, and allowances for beneficiaries of social policies shall be carried out in accordance with the provisions of the Joint Circular No. 29/TT-LB dated July 25, 1990. For allowances for social welfare recipients who are centrally cared for by provinces and centrally-administered cities, these shall continue to be covered by the local budget according to the current budget allocation.

- Localities that have not yet adjusted the benefits for beneficiaries according to the new regulations shall continue to handle them at the current level; once the adjustment is completed, the difference from April 1, 1993, shall be paid.

4. In cases where beneficiaries change their place of residence, the entitlements shall be resolved based on the content of the transfer certificate in accordance with the prescribed regulations.

- This Circular takes effect from April 1, 1993.

Abolish price subsidy allowances, electricity cost subsidies, education cost subsidies, housing cost subsidies, annual travel expenses for retirees, 40 kilograms of rice for first-class disabled veterans; 20 kilograms of rice for first-class disabled veterans with severe disabilities; a subsidy of 13,000 dong for second-class disabled veterans; and a subsidy of 6,500 dong for third-class disabled veterans.