Circular No. 24/2013/TT-BLDTBXH guides Clause 2, Article 1 of Decree No. 29/2013/NĐ-CP dated April 8, 2013, of the Government amending and supplementing certain provisions of Decree No. 92/2009/NĐ-CP dated October 22, 2009, of the Government on positions, number of personnel, and some policies for cadres and civil servants at commune, ward, town levels and non-professional staff at commune level.

CIRCULAR

Guidelines for Clause 2, Article 1 of Decree No. 29/2013/NĐ-CP dated April 8, 2013 of the Government

Article 1. Amending and supplementing some articles of Circular No. 10/2018/TT-BCT dated May 24, 2018 issued by the Minister of Industry and Trade detailing certain provisions of Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on the management of multi-level marketing business activities (hereinafter referred to as Circular No. 10/2018/TT-BCT) as follows: Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government

regarding titles, number, some benefits, and policies for cadres and civil servants at commune, ward, township levels

and those who work non-professionally at the commune level

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Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 29/2013/NĐ-CP dated April 8, 2013 of the Government amending and supplementing certain provisions of Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on titles, number, some benefits, and policies for cadres and civil servants at commune, ward, township levels and those who work non-professionally at the commune level (hereinafter referred to as Decree No. 29/2013/NĐ-CP);

The Minister of Labor - Invalids and Social Affairs issues this Circular guiding the adjustment of pensions, social insurance benefits, and monthly allowances for the subjects specified in Clauses 1, 2, 3, and Clause 8 of Article 1 of Decree No. 44/2019/NĐ-CP dated May 20, 2019 of the Government

The Minister of Labor, Invalids and Social Affairs issues this Circular guiding Clause 2, Article 1 of Decree No. 29/2013/NĐ-CP.

Article 1. Scope of Application

This Circular guides the calculation of working time for social insurance benefits as stipulated in Clause 2, Article 1 of Decree No. 29/2013/NĐ-CP.

Article 2. Applicability

This Circular applies to workers holding positions (including commune-level cadres with time serving other positions within the approved staffing plan of the People's Committee) prescribed in Decree No. 09/1998/NĐ-CP dated January 23, 1998 of the Government amending and supplementing Decree No. 50/CP dated July 26, 1995 of the Government on living expenses for commune, ward, township cadres (hereinafter referred to as Decree No. 09/1998/NĐ-CP) and who were transferred, recruited into the People's Army, Public Security Force, or worked in state agencies, units, enterprises, political organizations, and political-social organizations before January 1, 1998.

Article 3. Subjects not subject to application

Workers specified in Article 2 of this Circular have been settled to receive monthly allowances or one-time allowances before the effective date of Decree No. 29/2013/NĐ-CP.

Article 4. Working time for calculating social insurance benefits

1. For workers specified in Article 2 of this Circular, if they have not yet received monthly allowances or one-time allowances, the time serving positions prescribed in Decree No. 09/1998/NĐ-CP before January 1, 1998 shall be counted as time contributing to social insurance and combined with the time contributing to social insurance after being transferred, recruited into the People's Army, Public Security Force, or worked in state agencies, units, enterprises, political organizations, and political-social organizations to calculate social insurance benefits.

2. For workers specified in Paragraph 1 of this Article, if they were sent by competent authorities to study specialized subjects or politics before January 1, 1998, and continued to hold positions prescribed in Decree No. 09/1998/NĐ-CP or were immediately transferred, recruited into the People's Army, Public Security Force, or worked in state agencies, units, enterprises, political organizations, and political-social organizations after completing their courses, the time spent studying shall be counted as working time for calculating social insurance benefits.

3. For workers specified in Paragraph 1 of this Article, if there was a break in service before January 1, 1998 not exceeding 12 months, the working time before and after the break can be combined to calculate social insurance benefits (the break in service time shall not be counted for social insurance benefits).

4. For workers specified in Paragraph 1 of this Article who were suspended from receiving social insurance benefits due to violations before January 1, 1995, the calculation of working time for social insurance benefits shall be applied according to previous regulations on calculating working time before January 1, 1995 for social insurance benefits of cadres, civil servants, public officials, workers, military personnel, and public security personnel.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. The Ministry of Labor, Invalids and Social Affairs shall inspect the implementation of the provisions in Clause 2, Article 1 of Decree No. 29/2013/NĐ-CP and this Circular.

2. Provincial People's Committees directly under the Central Government shall direct the Department of Labor, Invalids and Social Affairs to inspect and urge the implementation of the provisions in Clause 2, Article 1 of Decree No. 29/2013/NĐ-CP and this Circular.

3. The Vietnam Social Security shall be responsible for directing and guiding procedures, files, and processes for combining working time to calculate social insurance benefits as stipulated in Clause 2, Article 1 of Decree No. 29/2013/NĐ-CP and guided in this Circular.

Article 6. Implementation Provisions

1. This Circular takes effect from December 1, 2013; the provisions in this Circular apply from June 1, 2013. All previous provisions contrary to this Circular are abolished from the date this Circular takes effect.

2. For individuals who have already been settled to receive pensions or one-time social insurance benefits during the period from June 1, 2013 to the effective date of this Circular, if they fall within the scope of application, they shall be calculated according to Article 4 of this Circular to recalculate their social insurance benefits as prescribed.

3. During the implementation process, if there are any difficulties, please report to the Ministry of Labor, Invalids and Social Affairs for timely research and resolution./.