Decree No. 35/2012/NĐ-CP Adjusting Pensions, Social Insurance Allowances, and Monthly Allowances for Village Cadres Who Have Retired

DECREE

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

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

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

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

Pursuant to Resolution No. 14/2011/QH13 dated November 10, 2011 of the National Assembly on the state budget estimate for 2012;

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree adjusting pensions, social insurance benefits, and monthly allowances for retired village cadres,

PART I
GENERAL PROVISIONS

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. Cadres, civil servants, workers, employees, and laborers (including those with voluntary social insurance participation periods, those who have retired from the Nghe An farmers' social insurance fund pursuant to Decision No. 41/2009/QĐ-TTg dated March 16, 2009 of the Prime Minister); military personnel, public security officers, and confidential staff currently receiving monthly pensions.

2. Village, ward, and town cadres as defined 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 pursuant 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 pursuant 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.

7. Military personnel, public security officers, and confidential staff receiving allowances like military personnel and public security officers currently receiving monthly allowances pursuant to Decision No. 62/2011/QĐ-TTg dated November 9, 2011 of the Prime Minister.

Article 2. Time and Level of Adjustment

As of May 1, 2012, increase the pension, social insurance benefit, and monthly allowance levels by 26.5% for the subjects specified in Article 1 of this Decree.

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 funding for: Subjects enjoying social insurance benefits prior to October 1, 1995; those receiving monthly allowances pursuant 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, Clause 6, and Clause 7 of Article 1 of this Decree; those receiving pensions pursuant to Decree No. 159/2006/NĐ-CP dated December 28, 2006, Decree No. 11/2011/NĐ-CP dated January 30, 2011, and Decree No. 23/2012/NĐ-CP dated April 3, 2012 of the Government.

2. The Social Insurance Fund shall ensure funding for subjects enjoying social insurance benefits from October 1, 1995 onwards, including those currently receiving pensions and monthly allowances pursuant 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 adjustments to pensions, social insurance benefits, and monthly allowances stipulated in Clause 1, Clause 2, and Clause 3 of Article 1 of this Decree.

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

3. The Ministry of Defense shall take the lead, in coordination with the Ministry of Finance, in guiding the implementation of the adjustment to monthly allowances for the subjects specified in Clause 5 of Article 1 and the subjects under the responsibility of the Ministry of Defense specified in Clause 7 of Article 1 of this Decree.

4. The Ministry of Public Security shall take the lead, in coordination with the Ministry of Finance, in guiding the implementation of the adjustment to monthly allowances for the subjects specified in Clause 6 of Article 1 and the subjects under the responsibility of the Ministry of Public Security specified in Clause 7 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 adjustments and disbursing pensions, social insurance benefits, and monthly allowances for the subjects specified in Clause 1, Clause 2, and Clause 3 of Article 1 of this Decree.

Chapter II
IMPLEMENTING PROVISIONS

Article 5. Effective Date

This Decree takes effect from June 1, 2012.

Article 6. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree.