Decree No. 44/2019/ND-CP Adjusting Pensions, Social Insurance Allowances, and Monthly Allowances

DECREE

REGULATION ON PENSION AND SOCIAL INSURANCE BENEFITS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Social Insurance Law dated November 20, 2014;

Pursuant to the Labor Safety and Health Law dated June 25, 2015;

Pursuant to Resolution No. 70/2018/QH14 dated November 9, 2018 of the National Assembly on the State budget for 2019;

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree regulating pensions, social insurance benefits, and monthly allowances.

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 levels of pensions, social insurance benefits, and monthly allowances for individuals receiving such benefits before July 1, 2019, including:

1. Civil servants, public officials, workers, employees, and laborers (including those with voluntary social insurance participation periods, those retiring from the social insurance fund of farmers in 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 enjoying 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 who are receiving monthly pensions and allowances.

3. Individuals currently receiving monthly disability allowances according to the law; individuals currently receiving monthly allowances pursuant to Decision No. 91/2000/QĐ-TTg dated August 4, 2000, 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/QĐ-TTg dated October 27, 2008, Decision No. 38/2010/QĐ-TTg dated May 6, 2010 of the Prime Minister.

6. Police officers currently receiving monthly allowances pursuant to Decision No. 53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister.

7. Military personnel, police officers, and civil servants enjoying allowances equivalent to military personnel and police officers currently receiving monthly allowances pursuant to Decision No. 62/2011/QĐ-TTg dated November 9, 2011 of the Prime Minister.

8. Individuals currently receiving monthly allowances for work-related accidents and occupational diseases.

Article 2. Time and Level of Adjustment

As of July 1, 2019, increase by 7.19% over the pension, social insurance benefit, and monthly allowance amounts of June 2019 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 individuals receiving social insurance benefits prior to October 1, 1995; those receiving monthly allowances pursuant to Decision No. 91/2000/QĐ-TTg dated August 4, 2000, 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 individuals receiving social insurance benefits from October 1, 1995 onwards, including those receiving monthly pensions and 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 Minister of Labor, Invalids, and Social Affairs shall be responsible for guiding the implementation of 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 this Decree.

2. The Minister of Home Affairs shall be responsible for guiding the implementation of the adjustment of monthly allowances for the subject specified in Clause 4 of Article 1 of this Decree.

3. The Minister of Defense shall be responsible for guiding the implementation of the adjustment of monthly allowances for the subject specified in Clause 5 of Article 1 and the subject under the responsibility of the Ministry of Defense specified in Clause 7 of Article 1 of this Decree.

4. The Minister of Public Security shall be responsible for guiding the implementation of the adjustment of monthly allowances for the subject specified in Clause 6 of Article 1 and the subject under the responsibility of the Ministry of Public Security specified in Clause 7 of Article 1 of this Decree.

5. The Minister of Finance shall be responsible for ensuring the funding for the adjustment of pensions, social insurance benefits, and monthly allowances for the subjects funded by the state budget.

6. The Vietnam Social Security shall be responsible for implementing the adjustment and payment of pensions, social insurance benefits, and monthly allowances for the subjects specified in Clauses 1, 2, 3, and Clause 8 of Article 1 of this Decree.

7. Provincial People's Committees and municipal people's committees directly under the central government shall be responsible for organizing the implementation of the adjustment and payment of monthly allowances for the subjects specified in Clauses 4, 5, 6, and Clause 7 of Article 1 of this Decree.

Chapter II

IMPLEMENTING PROVISIONS

Article 5. Effective Date

This Decree takes effect from July 1, 2019.

Article 6. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and municipal people's committees directly under the central government shall be responsible for enforcing this Decree./.