Circular No. 22/TBXH guiding the implementation of temporary allowances for retirees, those who stopped working due to loss of labor capacity, and severely disabled war invalids.

CIRCULAR

OF THE MINISTRY OF VETERANS AFFAIRS AND SOCIAL WELFARE NUMBER 22-TBXH OCTOBER 29, 1980 GUIDING THE IMPLEMENTATION OF TEMPORARY ALLOWANCE FOR RETIREES, PERSONS WHO STOP WORKING DUE TO LOSS OF LABOR CAPACITY, AND SEVERELY DISABLED VETERANS

Implementing Decision No. 334-CP dated October 10, 1980 of the Council of Ministers, after consultation with the Ministry of Finance and the Ministry of Labor, the Ministry of Veterans Affairs and Social Welfare provides specific guidance on the temporary allowance for retirees, persons who stop working due to loss of labor capacity, and severely disabled veterans being cared for at state-run convalescent facilities as follows:

I. ELIGIBLE RECIPIENTS OF TEMPORARY ALLOWANCE

A. The recipients of the temporary allowance mentioned in Decision No. 334-CP are:

1. State employees and military personnel receiving retirement benefits with a basic salary or rank pay (referred to as basic salary) of 165 dong or less.

2. State employees and military personnel receiving monthly disability benefits, including those injured at work classified as having disabilities grades 6, 7, and 8, and those suffering from occupational diseases classified as grades 5, 6, and 7.

3. Class A and Class B veterans with severe disabilities and those receiving policies similar to severely disabled veterans (special category, grade 1/6, and grades 8, 7, and 6/8) being cared for at convalescent facilities managed by the veterans affairs and social welfare sector, or being cared for at home.

4. War invalids losing 71% or more of their labor capacity admitted to veteran convalescent facilities.

B. The following individuals do not qualify for the temporary allowance:

1. State employees and military personnel who have retired with a basic salary exceeding 165 dong/month.

2. State employees receiving benefits under Decision No. 206-CP dated May 30, 1979 and Decision No. 174-CP dated June 4, 1980 of the Council of Ministers.

3. Veterans with moderate and minor disabilities (grades 2, 3, 4, 5/6 and 5, 4, 3, 2, 1/8) who have returned to their localities or are residing at stations, camps, and schools managed by the veterans affairs and social welfare sector awaiting reassignment.

II. CALCULATION OF THE TEMPORARY ALLOWANCE

A. Starting from November 1, 1980, those who have retired or stopped working due to loss of labor capacity as specified in points 1 and 2 of Section A, Part I, and war invalids as specified in point 4 of Section A, Part I will receive a temporary monthly allowance equal to 10% of the calculated disability benefit based on their basic salary; veterans as specified in point 3 of Section A, Part I will receive a temporary monthly allowance equal to 10% of their disability benefit.

The specific calculation method is as follows:

1. For retirees (including veterans and war invalids receiving retirement benefits), the temporary allowance is calculated based on the retirement benefit according to the percentage of the basic salary of each individual (if there is regional allowance or preferential benefit percentage, it should be separated out and not included in the calculation).

Example 1: Comrade A has a basic salary of 100 dong, and upon retirement receives a retirement benefit at a rate of 70% of the basic salary. The monthly retirement benefit is:

100 đ x 70% = 70 đ.

Therefore, the temporary allowance for Comrade A is:

70 đ x 10% = 7 đ

Example 2: Comrade B, a cadre engaged in revolutionary activities before August 19, 1945, has a basic salary of 100 dong, works in an area with a regional allowance of 12% (12 dong), and upon retirement receives a retirement benefit at a rate of 75% plus 15% preferential benefit calculated on the basic salary plus regional allowance. The monthly benefit received is:

(100 đ + 12 đ) x (75% + 15%) = 100.80 đ.

Therefore, the temporary allowance for Comrade B is calculated based on the retirement benefit of the basic salary as follows:

(100 đ x 75%) x 10% = 7.50 đ.

This temporary allowance does not apply to retirees with a basic salary higher than 165 dong/month; therefore, if the sum of the retirement benefit calculated on the basic salary plus the temporary allowance exceeds 127.50 dong/month (the retirement benefit rate of 75% for retirees with a basic salary of 170 dong), then they will only receive 127.50 dong/month (excluding other benefits such as preferential benefits, disability benefits, etc.).

Example 1: Comrade C has a basic salary of 165 dong, the monthly retirement benefit is 165 đ x 75% = 123.75 đ; now calculating the temporary allowance gives 12.37 đ. However, since the total of these two amounts (123.75 đ + 12.37 đ = 136.12 đ) exceeds 127.50 đ, Comrade C will only receive a temporary allowance of 127.50 đ - 123.75 đ = 3.75 đ.

Thus, the total amount of retirement benefit and temporary allowance for Comrade C is 123.75 đ + 3.75 đ = 127.50 đ.

Example 2: Comrade N has a basic salary of 150 dong, the monthly retirement benefit is 150 đ x 75% = 112.50 đ; calculating the temporary allowance gives 11.25 đ. The total of these two amounts (112.50 đ + 11.25 đ = 123.75 đ) is lower than 127.50 đ, so Comrade N still receives a temporary allowance of 11.25 đ.

2. For those who have stopped working and receive monthly disability benefits (including veterans and war invalids receiving disability benefits), the temporary allowance is calculated based on the disability benefit according to the percentage of the basic salary of each individual (if there is regional allowance or other allowances such as service allowance, bravery allowance, etc., they should be separated out and not included in the calculation).

3. For severely disabled veterans and those receiving policies similar to severely disabled veterans, the temporary allowance is calculated based on the disability benefit (if there are allowances such as service allowance, bravery allowance, etc., they should be separated out and not included in the calculation).

4. Specifically, for retirees receiving the minimum retirement benefit of 22 dong/month (or 25 dong/month for those from the South who were relocated earlier), those receiving a fixed amount of retirement benefit, and those receiving the minimum disability benefit of 15 dong/month (or 25 dong/month for those from the South who were relocated earlier), the temporary allowance is calculated based on the current monthly benefit received by each individual.

For war invalids with serious illnesses residing at convalescent facilities managed by the veterans affairs and social welfare sector without a disability benefit book, the temporary allowance is calculated based on the minimum disability benefit (15 dong/month) prescribed for those who have stopped working due to loss of labor capacity (15 đ x 10% = 1.50 đ).

B. From November 1, 1980 onwards, workers, civil servants of the State, and military personnel who retire to enjoy pension benefits, disability allowances, or die (including cases confirmed as martyrs), the temporary additional salary allowance enjoyed while still working as stipulated in Article 2 of Decision No. 334-CP dated October 10, 1980 of the Council of Ministers shall be settled as follows:

1. In addition to monthly pension benefits and disability allowances calculated based on basic salary and regional allowances (if applicable), they will also receive a temporary additional allowance equal to 10% of the monthly pension or disability allowance calculated based on the basic salary as mentioned above (this item shall be calculated separately and paid according to the procedures specified in Section III below by the Veterans and Social Affairs Office).

2. In the lump-sum payment when retiring or ceasing work due to disability (including those receiving a one-time disability allowance), the temporary additional salary allowance will also be included; that is, it includes the basic salary, all allowances, child allowances (if applicable), and the temporary additional salary allowance each person has received.

3. If death occurs while still in office (including cases confirmed as martyrs), the temporary additional salary allowance that workers, civil servants, and military personnel have received will also be added to the basic salary or living expenses to calculate the one-time pension and the first pension installment.

III. PROCEDURES FOR PAYING THE TEMPORARY ADDITIONAL ALLOWANCE

The provincial, city, and central special zone Veterans and Social Affairs Departments are directly responsible for implementing the procedures specified below:

1. For those currently enjoying pension benefits, disability allowances, or severe war injury allowances, previously issued with authorization letter 1-TRC sent to the State Bank by the Veterans and Social Affairs Department, now the Department shall base on the lists of retirees, those ceasing work due to disability, and severe war injury victims compiled by the district, town, urban district, and ward Veterans and Social Affairs Offices according to each commune, ward, and small district, etc., to issue a notice adjusting monthly allowances 5-TRC regarding the temporary additional allowance of these individuals and transfer it to the State Bank (savings fund) to pay quarterly to the beneficiaries.

These lists must be cross-checked accurately with the records at the Department and must be approved by the head of the Veterans and Social Affairs Department (replacing the adjustment decision) before being used as the basis for issuing the 5-TRC authorization letter.

After completing the 5-TRC authorization letter for the State Bank to pay the temporary additional allowance, the Veterans and Social Affairs Department continues to record the newly adjusted temporary additional allowance on form 10-TRC.

2. For those starting to receive pension benefits, disability allowances, or severe war injury allowances from November 1980 onwards, the Veterans and Social Affairs Department will continue to establish the registration book and provide allowances as before but must additionally record the quarterly temporary additional allowance amount payable to the beneficiary on the form. When authorizing the State Bank to pay allowances to these individuals, the Departments must record the long-term allowance amount quarterly in the upper part of the 1-TRC authorization letter, while the temporary additional allowance amount should be recorded in the lower part of the letter to calculate the total amount of the authorization for the State Bank to pay quarterly (this total amount must be recorded on form 10-TRC).

3. For cases where the procedure for paying the temporary additional allowance simultaneously with the quarterly allowance has not been completed, the Veterans and Social Affairs Department will issue forms 2-TRC and 3-TRC to pay this amount to the beneficiary.

In cases where the beneficiary has already received the initial allowance and the first quarter's allowance in Quarter IV of 1980 in locality A (without receiving the temporary additional allowance) and then moved to locality B to receive monthly allowances from 1981 onwards, the Veterans and Social Affairs Department in locality B is responsible for calculating and paying the temporary additional allowance for the months the individual received it, if there is a confirmation letter from the Veterans and Social Affairs Department in locality A stating that the temporary additional allowance for those months has not yet been paid.

4. For severely ill disabled veterans residing in rehabilitation centers without a disability allowance registration book, units shall add this temporary additional allowance (unified at 1.50 dong/person/month) to the monthly living expense list to pay to the beneficiaries.

For severely injured veterans residing in rehabilitation centers, the temporary additional allowance is not included in the monthly living expenses but is provided for their use.

The compilation of lists to calculate and pay the aforementioned temporary additional allowance needs to be carried out immediately, with completion no later than the first quarter of 1981.