Circular No. 37/2021/TT-BLDTBXH guides the adjustment of pension, social insurance benefits, and monthly allowances, as well as the time of receiving pension for cases without original files.

CIRCULAR

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

Based on Decree No. 14/2017/NĐ-CP dated February 17, 2017 of the Government regarding the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Based on Decree No. 108/2021/NĐ-CP dated December 7, 2021 of the Government adjusting pensions, social insurance benefits, and monthly allowances (hereinafter referred to as Decree No. 108/2021/NĐ-CP);

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Based on Decree No. 89/2020/NĐ-CP dated August 4, 2020 of the Government stipulating the functions, tasks, powers, and organizational structure of the Vietnam Social Security.

Decree No. 115/2015/NĐ-CP dated November 11, 2015 of the Government detailing certain provisions of the Social Insurance Law on mandatory social insurance; At the proposal of the Director of the Social Insurance Department; The Minister of Labor, Invalids and Social Affairs issues this Circular guiding the adjustment of pensions, social insurance benefits, and monthly allowances, and the time of receiving pensions for cases without original records.

1. The subjects specified in points a, b, and c Clause 1 Article 1 of Decree No. 108/2021/NĐ-CP who received pensions, social insurance benefits, and monthly allowances before January 1, 2022.

Decree No. 2. The subjects specified in points a and c Clause 1 Article 1 of Decree No. 108/2021/NĐ-CP who retired to receive pensions, social insurance benefits, and monthly allowances before January 1, 1995 (including those who had retired to receive disability allowances before January 1, 1995, and were subsequently continued to receive allowances under Decision No. 91/2000/QĐ-TTg dated August 4, 2000 of the Prime Minister on providing allowances to those who have reached retirement age at the time of ceasing to receive monthly disability allowances, and Decision No. 613/QĐ-TTg dated May 6, 2010 of the Prime Minister on providing monthly allowances to those with from 15 to less than 20 years of actual service who have reached the end of their entitlement to disability allowances), after implementing the adjustment according to Clause 1 Article 2 of this Circular, if their pension, social insurance benefit, and monthly allowance is below 2,500,000 VND/month.

3. Workers without original records showing working time in the state sector before January 1, 1995, as stipulated in point b Clause 3 Article 2 of Decree No. 89/2020/NĐ-CP dated August 4, 2020 of the Government stipulating the functions, tasks, powers, and organizational structure of the Vietnam Social Security.

1. From January 1, 2022, the pension, social insurance benefit, and monthly allowance of the subjects specified in Clause 1 Article 1 of this Circular will be increased by 7.4% compared to the pension, social insurance benefit, and monthly allowance of December 2021. Specifically: Pension, social insurance benefit, and monthly allowance from January 2022 = Pension, social insurance benefit, and monthly allowance of December 2021 x 1.074

Article 1. Scope of application

Pension, social insurance benefit, and monthly allowance after adjustment = Pension, social insurance benefit, and monthly allowance before adjustment + 200,000 VND/month

Article 2. Adjustment of Pensions, Social Insurance Benefits, and Monthly Allowances

b) For those whose pension, social insurance benefit, and monthly allowance is above 2,300,000 VND/person/month but less than 2,500,000 VND/person/month: Pension, social insurance benefit, and monthly allowance after adjustment = 2,500,000 VND/month

The pension, social insurance allowance, and monthly subsidy from January 2022 = The pension, social insurance allowance, and December 2021 monthly subsidy x 1.074

2. As of January 1, 2022, the pension, social insurance allowance, and monthly subsidy for the subjects specified in Clause 2, Article 1 of this Circular shall be adjusted as follows:

a) For individuals with a pension, social insurance allowance, and monthly subsidy of up to 2,300,000 VND/person/month:

The adjusted pension, social insurance allowance, and monthly subsidy = The pre-adjustment pension, social insurance allowance, and monthly subsidy + 200,000 VND/month

b) For individuals with a pension, social insurance allowance, and monthly subsidy above 2,300,000 VND/person/month but below 2,500,000 VND/person/month: The adjusted pension, social insurance allowance, and monthly subsidy = 2,500,000 VND/month

"17. The time for receiving old-age pension for cases without original records as stipulated in point b, Clause 3, Article 2 of Decree No. 89/2020/NĐ-CP dated August 4, 2020 of the Government stipulating the functions, tasks, powers, and organizational structure of the Vietnam Social Security shall be the date recorded in the decision document of the Vietnam Social Security."

Article 4. Organization of Implementation

1. Provincial People's Committees directly under the Central Government shall be responsible for directing the Department of Labor, Invalids, and Social Affairs and related competent agencies to publicize, disseminate, inspect, and urge the implementation of the regulations on adjusting old-age pensions, social insurance allowances, and monthly allowances as prescribed in this Circular.

2. The Vietnam Social Security shall be responsible for implementing the adjustment of old-age pensions, social insurance allowances, and monthly allowances as prescribed in Decree No. 108/2021/NĐ-CP and guided in this Circular; prepare reports according to the model attached to this Circular and submit them to the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance before June 30, 2022.

Article 5. Effective Date

1. This Circular takes effect from March 15, 2022. The provisions of Article 2 of this Circular shall be implemented from January 1, 2022.

In the course of implementation, if there are difficulties, please reflect them to the Ministry of Labor, Invalids, and Social Affairs for research and resolution./.