This Decree adjusts the pensions and monthly allowances for preschool teachers who worked before 1995. The adjustment increases by 8% to 250,000 VND/person/month depending on the current salary level, effective from August 1, 2016.
Scope of application
Those receiving pensions, disability allowances, and monthly allowances who have worked before 1995, including preschool teachers.
Key points
- Preschool teachers who worked before January 1, 1995 have a pension lower than the minimum wage.
- Increase the pension and monthly allowance by 8% for the relevant groups starting May 1, 2016.
- If the adjusted amount remains below the minimum wage after the adjustment, preschool teachers will be provided additional allowances to reach the minimum wage.
- The implementation costs are covered by the state budget and the Social Insurance Fund.
- The Ministry of Labor - Invalids and Social Affairs, the Ministry of National Defense, the Ministry of Public Security, the Ministry of Finance, and the Vietnam Social Security are responsible for guiding and implementing this adjustment.
🌐 Social impact of this document
- Preschool teachers who worked before 1995 will benefit from the increased pension.
- Enterprises and the state budget must pay for the adjustment costs, creating financial pressure.
❓ Frequently asked questions
What is the minimum pension after the adjustment?
After the adjustment, the minimum pension is 2,000,000 VND/person/month.
When does the adjustment take effect?
The adjustment takes effect from August 1, 2016.
Who is responsible for implementing the adjustment?
The Ministry of Labor - Invalids and Social Affairs, the Ministry of National Defense, the Ministry of Public Security, the Ministry of Finance, and the Vietnam Social Security are responsible for guiding and implementing this adjustment.
Where does the funding for the adjustment come from?
The funding is provided by the state budget and the Social Insurance Fund.
Who will receive additional allowances?
Preschool teachers who worked before 1995, currently receiving pensions before January 1, 2016, and beginning to receive them from January 1, 2016 to December 31, 2016, will receive additional allowances if their pension after the adjustment is still below the minimum wage.
Full text
DECREE
Adjusting the pension level, disability allowance,
monthly allowance, and allowance for kindergarten teachers
with time of work before 1995
Pursuant toLaw on organization36/2016/NĐ-CP dated May 15, 2016 of the Government on medical equipment management.
Pursuant to the Labor Code on June 18, 2012;The Government issues this Decree amending and
Based on the Social Insurance Lawdated October 20th(Write full name, sign, stamp) year 2014;
Based on Resolution No. 99/2015/QH13 dated November 11, 2015 of the National Assembly regarding the state budget estimate for 2016;
At the request of the Minister of Labor, War Invalids and Social Affairs,Pursuant to the request of the Director General of the Department of Vocational Education;
the Government detailing certain provisionsthe Government issues this Decree to adjust the pension level, disability allowance,monthly allowance andallowance forkindergarten teachers with time of work before 1995.This Decree adjusts the pension level, monthly disability allowance, and monthly allowance for military personnel, public security officers, civil servants engaged in confidential work, and retired village cadres; and the allowance for kindergarten teachers with time of work before 1995.
Article 1. Scope of Application
1. Persons receiving pensions, disability allowances, and monthly allowances include the following categories:
Article 2. Scope of Application
a) Cadres, civil servants, workers, employees (including those who have voluntarily joined the social insurance scheme, those retiring from the social insurance fund of farmers in Nghe An province according to Decision No. 41/2009/QD-TTg dated March 16, 2009 of the Prime Minister), military personnel, public security officers, and civil servants engaged in confidential work receiving monthly pensions.
b) Village cadres, town ward cadres, and town precinct 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 pensions and monthly allowances.
c) Those currently receiving monthly disability allowances as prescribed by law; those currently receiving monthly allowances under Decision No. 91/2000/QD-TTg dated August 4, 2000, and Decision No. 613/QD-TTg dated May 6, 2010 of the Prime Minister; rubber plantation workers currently receiving monthly allowances.
d) Village cadres, town ward cadres, and town precinct cadres currently receiving monthly allowances under 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.
đ) Military personnel currently receiving monthly allowances under Decision No. 142/2008/QĐ-TTg dated October 27, 2008, and Decision No. 38/2010/QĐ-TTg dated May 6, 2010 of the Prime Minister.
e) Public security officers currently receiving monthly allowances under Decision No. 53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister.
g) Military personnel, public security officers, and civil servants engaged in confidential work receiving monthly allowances like military personnel and public security officers under Decision No. 62/2011/QĐ-TTg dated November 9, 2011 of the Prime Minister.
2. The subjects specified in point a and point b of Clause 1 of this Article began to receive pensions and monthly allowances during the period from January 1, 2015 to before May 1, 2016.
4. The subjects specified in Clauses 1, 2, and Clause 3 of this Article who were receiving pensions, disability allowances, and monthly allowances before January 1, 2016, and those who started to receive pensions and monthly allowances during the period from January 1, 2016 to December 31, 2016, with a pension or allowance below 2,000,000 VND/month.
3. Kindergarten teachers with time of service in preschool education institutions before January 1, 1995 whose pension levels are lower than the minimum wage.
4. The subjects specified in Clauses 1, 2, and Clause 3 of this Article who were receiving old-age pension, disability allowance, or monthly allowance before January 1, 2016, and those who began to receive old-age pension or monthly allowance from January 1, 2016 to December 31, 2016 with a pension or allowance amount below VND 2,000,000 per month.
Article 3. Time and Level of Adjustment
1. Increase the pension and monthly allowance levels by 8% for the subjects specified in Clause 2, Article 2 of this Decree. The adjustment time starts from the month when the pension or monthly allowance begins to be received. For those who have already been increased by 8% according to Decree No. 09/2015/NĐ-CP dated January 22, 2015 of the Government, the current level will remain unchanged.
2. From May 1, 2016, maintain the current pension and monthly allowance levels for those who have previously been increased by 8%; for workers with social insurance contribution periods under state-regulated salary systems retiring from May 1, 2016 onwards, the pension will be calculated based on the new basic salary of 1,210,000 VND/month as stipulated in the Social Insurance Law.
3. For individuals whose pensions, disability allowances, and monthly allowances as prescribed in Clauses 1 and 2 of this Article are lower than 2,000,000 VND/month, their benefit levels will be adjusted from January 1, 2016 for those receiving benefits before January 1, 2016, and from the month when the pension or monthly allowance begins to be received for those starting to receive benefits between January 1, 2016 and December 31, 2016, with specific adjustments as follows:
a) Increase by 250,000 VND/person/month for those with pensions up to 1,750,000 VND/person/month; increase to 2,000,000 VND/person/month for those with pensions above 1,750,000 VND/person/month but below 2,000,000 VND/person/month.
b) Increase by 150,000 VND/person/month for those with disability allowances and monthly allowances up to 1,850,000 VND/person/month; increase to 2,000,000 VND/person/month for those with disability allowances and monthly allowances above 1,850,000 VND/person/month but below 2,000,000 VND/person/month.
4. Kindergarten teachers who worked in kindergarten education institutions before January 1, 1995, currently receiving pensions before January 1, 2016, and kindergarten teachers who worked in kindergarten education institutions before January 1, 1995 and began receiving pensions between January 1, 2016 and December 31, 2016, from January 1, 2016, if their pensions after being adjusted according to the provisions of Clauses 1 and 3 of this Article are lower than the basic salary at the time of receiving the pension, they will be additionally compensated to bring the pension level up to the basic salary.
5. The pension, disability allowance, and monthly allowance levels after adjustment according to the provisions of this Article shall serve as the basis for adjusting pensions and allowances in subsequent adjustments.
Article 4. Implementation funds
The funding for implementing the pension and monthly social insurance allowance adjustments applicable to the subjects specified in Article 2 of this Decree is regulated as follows:
1. The State budget guarantees for: Subjects enjoying 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,
2. The Social Insurance Fund guarantees for subjects enjoying 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.
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 Minister of Labor, Invalids, and Social Affairs is responsible for guiding the implementation of pension and disability allowance adjustments for the subjects specified in Points a, b, and c of Clause 1, Article 2 of this Decree.
2. The Minister of National Defense is responsible for guiding the implementation of monthly allowance adjustments for the subjects specified in Point d of Clause 1, Article 2, and those within the responsibility of the Ministry of National Defense as specified in Point g of Clause 1, Article 2 of this Decree.
3. The Minister of Public Security is responsible for guiding the implementation of monthly allowance adjustments for the subjects specified in Point e of Clause 1, Article 2, and those within the responsibility of the Ministry of Public Security as specified in Point g of Clause 1, Article 2 of this Decree.
4. The Ministry of Finance is responsible for ensuring the funding for pension and disability allowance adjustments for the subjects guaranteed by the State budget.
5. Vietnam Social Security is responsible for implementing the adjustment and payment of pensions, disability allowances, and monthly allowances for the subjects specified in Points a, b, and c of Clause 1, Article 2 of this Decree.
6. Provincial People's Committees and municipal people's committees directly under the central government implement the payment of monthly allowances according to this Decree for subjects within their management scope.
Article 6. Effectiveness
This Decree takes effect from August 1, 2016.
Article 7. 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./.
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PRIME MINISTER |
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