Decree No. 23/2011/NĐ-CP Adjusting Pensions, Social Insurance Benefits, and Monthly Allowances for Village Cadres Who Have Retired

DECREE

Adjusting pensions, social insurance benefits, and monthly allowances for retired village cadres

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

On the basis of the Labor Code dated June 23, 1994; the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 2, 2002; the Law Amending and Supplementing Certain Provisions of the Labor Code dated November 29, 2006; the Law Amending Article 73 of the Labor Code dated April 2, 2007;

Pursuant to the Social Insurance Law dated June 29, 2006;

On the basis of Resolution No. 52/2010/QH12 dated November 10, 2010 of the National Assembly on the state budget for 2011;

Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,

DECREE:

1. This Decree adjusts the pension levels, social insurance benefits, and monthly allowances for individuals receiving pensions, social insurance benefits, and monthly allowances prior to July 1, 2023, including:

This Decree regulates the pension, social insurance benefits, and monthly allowances for the following categories:

1. Civil servants, public officials, workers, employees, and laborers (including those with voluntary social insurance contribution periods, those who have retired from the social insurance fund of the farmers of Nghe An Province pursuant to Decision No. 41/2009/QĐ-TTg dated March 16, 2009 of the Prime Minister); military personnel, police officers, and civil servants working in confidential positions receiving monthly pensions.

2. Village, ward, and town cadres as stipulated 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 monthly pensions and allowances.

3. Those currently receiving monthly disability benefits according to the law; those currently receiving monthly allowances according to Decision No. 91/2000/QĐ-TTg dated August 4, 2000 and Decision No. 613/QĐ-TTg dated May 6, 2010 of the Prime Minister; rubber plantation workers currently receiving monthly allowances.

4. Village, ward, and town cadres currently receiving monthly allowances according to Decision No. 130/CP dated June 20, 1975 of the Council of Ministers and Decision No. 111-HĐBT dated October 13, 1981 of the Council of Ministers.

5. Military personnel currently receiving monthly allowances pursuant to Decision No. 142/2008/QD-TTg dated October 27, 2008 and Decision No. 38/2010/QD-TTg dated May 6, 2010 of the Government's Prime Minister.

6. Public Security officers currently receiving monthly allowances pursuant to Decision No. 53/2010/QD-TTg dated August 20, 2010 of the Government's Prime Minister.

Article 2. Time and Level of Adjustment

As of May 1, 2011, increase the pension, social insurance allowance, and monthly allowance levels for the subjects specified in Article 1 of this Decree by 13.7%.

1. The funding for the implementation of the policy on exemption and subsidy of tuition fees shall be guaranteed by the state budget in accordance with the provisions of the law on the decentralization of budget management.

The funding for adjusting pensions, social insurance benefits, and monthly allowances applicable to the subjects specified in Article 1 of this Decree shall be as follows:

1. The state budget shall ensure for: subjects receiving social insurance benefits before October 1, 1995; those receiving monthly allowances according to Decision No. 91/2000/QĐ-TTg dated August 4, 2000 and Decision No. 613/QĐ-TTg dated May 6, 2010 of the Prime Minister, and the subjects specified in Clause 4, Clause 5, and Clause 6 of Article 1 of this Decree; those receiving pensions according to Decree No. 159/2006/NĐ-CP dated December 28, 2006 and Decree No. 11/2011/NĐ-CP dated January 30, 2011 of the Government.

2. The social insurance fund shall ensure for subjects receiving social insurance benefits from October 1, 1995 onwards, including those currently receiving pensions and monthly allowances according to 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.

Article 4. Organization of Implementation

1. The Ministry of Labor, Invalids and Social Affairs shall be responsible for guiding the implementation of the adjustment of pensions, social insurance allowances, and monthly allowances as stipulated in Clauses 1, 2, and 3 of Article 1 of this Decree.

2. The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Finance to guide the implementation of the adjustment of monthly allowances for the subjects specified in Clause 4 of Article 1 of this Decree.

3. The Ministry of Defense shall take the lead and coordinate with the Ministry of Finance to guide the implementation of the adjustment of monthly allowances for the subjects specified in Clause 5 of Article 1 of this Decree.

4. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Finance to guide the implementation of the adjustment of monthly allowances for the subjects specified in Clause 6 of Article 1 of this Decree.

5. The Ministry of Finance shall be responsible for ensuring funds for the adjustment of pensions, social insurance allowances, and monthly allowances for subjects covered by the state budget.

6. The Vietnam Social Security shall be responsible for implementing the adjustment and payment of pensions, social insurance allowances, and monthly allowances for the subjects specified in Clauses 1, 2, and 3 of Article 1 of this Decree.

Article 5. Effective Date

This Decree shall take effect from May 19, 2011.

The subjects specified in Article 1 of this Decree shall have their pensions, social insurance allowances, and monthly allowances adjusted and increased from May 1, 2011.

Article 6. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.