Circular No. 20/2008/TT-BLDTBXH guiding the adjustment of pension, social insurance allowance, and monthly allowance for village cadres who have retired according to Government Decree No. 101/2008/NĐ-CP dated September 12, 2008.

CIRCULAR

Guidelines for adjusting pensions, social insurance benefits, and monthly allowances, and the time of receiving pensions for cases without original records

and monthly allowances pursuant to Decree No. 101/2008/NĐ-CP

dated September 12, 2008 of the Government

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Pursuant to Decree No. 101/2008/NĐ-CP dated September 12, 2008 of the Government adjusting pensions, social insurance allowances, and monthly allowances for retired village cadres (hereinafter referred to as Decree No. 101/2008/NĐ-CP), the Ministry of Labor, Invalids and Social Affairs guides the adjustment of pensions, social insurance allowances, and monthly allowances as follows:

I. APPLICABLE OBJECTS

1. Cadres, civil servants, workers, employees, and laborers; military personnel, police officers, and personnel engaged in confidential work receiving monthly pensions;

2. Village, ward, and town cadres specified in Decree No. 121/2003/NĐ-CP dated October 21, 2003 and Decree No. 09/1998/NĐ-CP dated January 23, 1998 of the Government who are receiving pensions and monthly allowances;

3. Persons receiving monthly disability allowances; persons receiving monthly allowances pursuant to Decision No. 91/2000/QĐ-TTg dated August 4, 2000 of the Prime Minister; rubber plantation workers currently receiving monthly allowances.

II. ADJUSTMENT OF PENSIONS, SOCIAL INSURANCE ALLOWANCES, AND MONTHLY ALLOWANCES

1. The pension levels, social insurance allowances, and monthly allowances of the objects specified in Section I of this Circular, who were receiving pensions, social insurance allowances, and monthly allowances before October 1, 2008, shall be adjusted as follows:

Example 1:Mr. A, with a pension of VND 1,429,200 per month in September 2008.

Mr. A's pension from October 2008 will be adjusted as follows:

VND 1,429,200 per month x 1.15 = VND 1,643,580 per month

Example 2:Mr. B, rank Major, with a pension of VND 1,876,800 per month in September 2008.

Mr. B's pension from October 2008 will be adjusted as follows:

VND 1,876,800 per month x 1.15 = VND 2,158,320 per month

Example 3:Mr. C, a retired village cadre, receiving monthly allowances under Decree No. 09/1998/NĐ-CP dated January 23, 1998 of the Government, had a monthly allowance of VND 698,400 in September 2008.

Mr. C's monthly allowance from October 2008 will be adjusted as follows:

VND 698,400 per month x 1.15 = VND 803,160 per month

Example 4: Mr. D, retired due to loss of working capacity, had a monthly allowance of VND 758,400 in September 2008.

Mr. D's monthly disability allowance from October 2008 will be adjusted as follows:

VND 758,400 per month x 1.15 = VND 872,160 per month

Example 5:Ms. E, receiving monthly allowances under Decision No. 91/2000/QĐ-TTg dated August 4, 2000 of the Prime Minister, had a monthly allowance of VND 342,374 in September 2008.

Ms. E's monthly allowance from October 2008 will be adjusted as follows:

VND 342,374 per month x 1.15 = VND 393,730 per month

2. The pension levels, social insurance allowances, and monthly allowances of the objects specified in Section I of this Circular, who began receiving pensions, social insurance allowances, and monthly allowances from October 1, 2008 until new regulations on the general minimum wage are issued, shall also be adjusted according to the provisions of Clause 1 of this Section.

Example 6:Mr. G, retired and eligible for a pension from November 2008. Mr. G's pension calculated before adjustment is VND 1,600,000 per month.

Mr. G's pension from November 2008 will be adjusted as follows:

VND 1,600,000 per month x 1.15 = VND 1,840,000 per month

Example 7:Mr. H, a defense worker, retired and eligible for a pension from October 2008. Mr. H's pension calculated before adjustment is VND 1,700,000 per month.

Mr. H's pension from October 2008 will be adjusted as follows:

VND 1,700,000 per month x 1.15 = VND 1,955,000 per month

III. IMPLEMENTATION

1. The Ministry of Labor, Invalids and Social Affairs shall take the lead in coordinating with the Ministry of Finance, the Ministry of Defense, and the Ministry of Public Security to inspect the implementation in accordance with the provisions of Decree No. 101/2008/NĐ-CP and this Circular.

2. Provincial People's Committees directly under the Central Government shall be responsible for directing the Department of Labor, Invalids and Social Affairs and relevant 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 stipulated in Decree No. 101/2008/NĐ-CP and guided in this Circular; prepare reports according to the attached form of this Circular and submit them to the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance in the first month of the first quarter of 2009.

4. This Circular shall take effect fifteen days after its publication in the Official Gazette; the provisions of this Circular shall apply from October 1, 2008. Any difficulties encountered during implementation should be reported to the Ministry of Labor, Invalids and Social Affairs for study and resolution.

Any difficulties encountered during implementation should be reported to the Ministry of Labor, Invalids and Social Affairs for study and resolution./.