Circular No. 14/LDTBXH-TT guiding the implementation of preferential allowances for cadres who engaged in revolutionary activities before 1945, adjusting salary levels to recalculate pensions for certain cases retiring before September 1985, and seniority allowances for retired teachers and lecturers.

CIRCULAR

OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS

guiding the implementation of preferential allowances for
cadres who were engaged in revolutionary activities before 1945, adjusting salary levels to recalculate
pensions for some cases retiring before September 1985 and seniority allowances for teachers, lecturers who have retired.
Implementing Article 2, Article 3, and Article 4 of Decree No.: 27/CP dated May 23, 1993 of the Government; after reaching consensus with the Central Organization Board, the Government's Organization-Cadre Board, and the Ministry of Finance, the Ministry of Labor, Invalids, and Social Affairs guides the implementation of preferential allowances for cadres who were engaged in revolutionary activities before 1945, adjusts salary levels to recalculate pensions for some cases retiring before September 1985 and seniority allowances for teachers, lecturers who have retired as follows:

I. REGIME OF PREFERENTIAL ALLOWANCES FOR CANDIDATES WHO WERE ENGAGED IN REVOLUTIONARY ACTIVITIES BEFORE 1945

 

The preferential regime for cadres who were engaged in revolutionary activities before 1945 under the scope of implementing Decision No. 128/HDBT dated October 8, 1984 shall be implemented as follows:

a. All cadres who were engaged in revolutionary activities before 1945 currently enjoying monthly preferential benefits shall be granted a unified allowance of 100,000 VND/person.

b. For cadres within the preferential scope who are still in office, have retired, or are on disability leave, each year of revolutionary activity entitles them to an allowance of 20,000 VND/month.

c. For cadres who were engaged in revolutionary activities at commune or ward level from 1935 onwards, their living expenses allowance is 120,000 VND/month, and from 1936 to before 1945, it is 85,000 VND/month.

The above provisions replace the previous regulations on seniority rates, living expense allowances, and additional subsidies.

II. ADJUSTING SALARY LEVELS TO RECALCULATE PENSIONS FOR SOME CASES RETIRING OR ON DISABILITY LEAVE BEFORE SEPTEMBER 1985

 

a. The subjects applying the provisions of Article 3 of Decree No. 27/CP dated May 23, 1993 are those cases of workers and officials who have retired or are on disability leave before September 1985 but at the time of transferring salary grades according to Decree No. 236/HDBT dated September 18, 1985 to calculate pensions and disability allowances according to Decree No. 236/HDBT dated September 18, 1985 did not transfer salary grades like those in active service with the same position, thus being reduced by one grade or more compared to those in active service at that time.

1. Recipients

b. Subjects not applicable:

Those cadres holding leadership positions but transferred to other job positions before retirement or disability leave, or after receiving corresponding adjustments and salary increases, do not fall under the scope of this Circular.

Cases where the comparison showed a difference of less than one grade according to Decree No. 235/HDBT will not be adjusted again.

2. Method of adjustment and recalculation of pensions and disability allowances

a. Based on the current files of retirees and those on disability leave managed by the Department of Labor, Invalids, and Social Affairs to determine the adjustment of salary grades without requiring re-certification; except for cases where the file has been declared but is unclear and requires further verification.

b. Based on the confirmed position and the old salary before retirement, referring to the salary tables C and D of Decree No. 235/HDBT dated September 18, 1985 and the guiding circulars No. 11/LD dated September 18, 1985, No. 16/LD dated November 7, 1985 of the former Ministry of Labor to make corresponding adjustments as the basis for recalculating current pensions and disability allowances.

c. On the basis of the adjusted salary as point b, proceed to recalculate the pension and disability allowance according to the provisions of Decision No. 203/HDBT dated December 28, 1988 and price subsidy, electricity subsidy, housing allowance, travel allowance (if any), education allowance.

Example: A county-level leader retired in October 1970, according to the retirement file, was the Chairman with an old salary exceeding the range by 105 dong, converted according to Decree 236/HDBT to 405 dong, now converted according to Decree No. 235/HDBT to 455 dong.

Recalculated pension as follows:

148,498 x 120% = 178,198 dong.

III. SENIORITY ALLOWANCE FOR EDUCATION FOR TEACHERS,

 

LECTURERS WHO HAVE RETIRED, ON DISABILITY LEAVE
AND HAVE NOT YET ENJOYED THE SENIORITY ALLOWANCE
a. The subjects applying the provisions of Article 4 of Decree No. 27/CP dated May 23, 1993 of the Government are teachers and lecturers who have retired or are on disability leave before September 1988 and before September 1991 and have not yet enjoyed the seniority allowance including:

1. Recipients

Teachers and lecturers belonging to the Education and Training sector as stipulated in Point 1, 2, 3 of Section I of Circular No. 05/LD-TBXT dated March 8, 1989 and Point 1 of Circular No. 20/LD-TBXT dated December 5, 1989 of the Ministry of Labor, Invalids, and Social Affairs who have retired or are on disability leave before September 1988.

Teachers and lecturers belonging to the Party schools, mass organizations, state management schools as stipulated in Point 1, 2 of Section I of Circular No. 06/LD-TBXT dated September 12, 1991 of the Ministry of Labor, Invalids, and Social Affairs who have retired or are on disability leave before September 1991.

Subjects not covered by the provisions of this Circular as stated in point a above.

Those cadres holding leadership positions but transferred to other job positions before retirement or disability leave, or after receiving corresponding adjustments and salary increases, do not fall under the scope of this Circular.

Those who had teaching experience but before retirement or disability leave transferred to other non-related educational sectors.

Those who taught under the old system, at private schools not under state budget, non-professional teachers (teaching part-time); teachers who have already received another type of seniority.

Those who taught at vocational schools of departments or local short-term courses not regularly scheduled, not under common school regulations.

2. Level of allowance and method of calculating seniority

a. Level of allowance:

Refer to Section II of Circular No. 06/LD-TBXT dated March 8, 1989 of the Ministry of Labor, Invalids, and Social Affairs to determine the level of seniority allowance, maximum not exceeding 20%. If they are outstanding teachers or excellent teachers, it does not exceed 25%.

b. Recalculating the pension level:

b. Recalculate the pension amount:

The education seniority allowance calculated as above shall be added to the salary when retiring or leaving work due to loss of working capacity to recalculate the pension and disability allowance, recalculate the price erosion subsidy, travel expenses (if any), educational expenses, and then adjust the retirement pension and disability allowance according to the provisions of Circular Joint No. 13 dated June 2, 1993.

3. Procedures for implementation

The Department of Labor, Invalids, and Social Affairs of the province or centrally governed city shall implement the adjustment based on the files currently under their management for the aforementioned subjects without requiring them to resubmit the files.

 

IV. IMPLEMENTATION

This Circular takes effect from April 1, 1993. All previous regulations that conflict with the provisions of this Circular are hereby abolished.

Adjusting salaries and education seniority allowances to recalculate pensions and disability allowances involves many complexities. Therefore, the Departments of Labor, Invalids, and Social Affairs need to coordinate closely with the Departments of Finance and Price Control and other relevant agencies to strictly and carefully guide, ensuring compliance with regulations and avoiding inconvenience to those benefiting from policies and systems.

The Director of the Department, the Ministry of Labor, Invalids, and Social Affairs shall sign to confirm each case of adjustment; compile a list and report to the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Finance, and related sectors according to the attached form of this Circular.

During the implementation process, if there are any difficulties, they should be reflected to the Ministry of Labor, Invalids, and Social Affairs for research and resolution.

 

FORM NO. 1

Respectfully submitted to: Ministry of Labor, Invalids, and Social Affairs

(Social Welfare Department)

 

REPORT

REGARDING THE ADJUSTMENT OF SALARIES OF RETIRED LEADERS BEFORE SEPTEMBER 1985 AND EDUCATION SENIORITY ALLOWANCES AND PREFERENTIAL ALLOWANCES

1. Total number of people whose salaries are adjusted according to Decree No. 235/HĐBT:

(Attached is the sample list No. 3)

2. Total additional amount due to salary adjustment: (including retirement pension according to Decision No. 203/HĐBT, price erosion, monetization).

3. The person receiving the highest amount compared to the old level; The person receiving the lowest amount compared to the old level;

4. Total number of people whose education seniority is adjusted: (attached is the sample list No. 2)

5. Total additional amount:

6. Total number of people whose preferential allowances are adjusted (retirement, loss of working capacity, social living expenses).

7. Total additional amount:

Total amount of three adjustment contents:

8. Summary of implementation situation.

Department of Labor, Invalids, and Social Affairs

(Signature and stamp)

 

MODEL NO. 2

PROVINCE PEOPLE'S COMMITTEE

....................

Department of Labor, Invalids, and Social Affairs

LIST OF RETIRED AND DISABLED PERSONNEL ELIGIBLE FOR EDUCATION SENIORITY ALLOWANCE.

 

Day... month... year 199...

Director of the Department of Labor, Invalids, and Social Affairs.

MODEL NO. 3

PROVINCE PEOPLE'S COMMITTEE

....................

Department of Labor, Invalids, and Social Affairs

LIST OF RETIRED AND DISABLED PERSONNEL ELIGIBLE FOR
SALARY ADJUSTMENT BY THE DEPARTMENT OF LABOR, INVALIDS,
TO RECALCULATE PENSION AND SOCIAL SECURITY

Day... month... year 199...

Director of Labor, Invalids, and Social Affairs