Decree No. 75/2024/ND-CP Adjusting Pensions, Social Insurance Allowances, and Monthly Subsidies

DECREE

Adjustment of pensions, social insurance benefits, and monthly allowances

and monthly allowances

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 Pursuant to the Law on Government Organization dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration Organization dated November 22, 2019;

Pursuant to Resolution No. 104/2023/QH15 dated November 10, 2023 of the National Assembly on the state budget estimate for 2024;

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

Decree No. 07/2021/NĐ-CP

The Government issues this Decree to adjust pensions, social insurance benefits, and monthly allowances.

 PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Decree adjusts the levels of pensions, social insurance benefits, and monthly allowances for subjects receiving pensions, social insurance benefits, and monthly allowances before July 1, 2024, including:

a) Officials, civil servants, workers, employees (including those with voluntary social insurance participation time, retirees from the Nghe An Farmers' Social Insurance Fund transferred according to Decision No. 41/2009/QD-TTg dated March 16, 2009 of the Prime Minister on transferring the Nghe An Farmers' Social Insurance Fund to voluntary social insurance); military personnel, public security officers, and personnel engaged in confidential work who are currently receiving monthly pensions.

b) Village, ward, town officials as stipulated in Decree No. 33/2023/NĐ-CP dated June 10, 2023 on village-level officials and non-professional staff at the commune level and in villages and residential wards, Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on positions, number, and some policies and benefits for village-level officials and non-professional staff at the commune level and in villages and residential wards, Decree No. 34/2019/NĐ-CP dated April 24, 2019 of the Government amending and supplementing certain provisions on village-level officials and non-professional staff at the commune level and in villages and residential wards, Decree No. 121/2003/NĐ-CP dated October 21, 2003 of the Government on policies and benefits for village-level officials and non-professional staff at the commune level and in villages and residential wards, and 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 village-level officials and non-professional staff at the commune level and in villages and residential wards who are currently receiving monthly allowances.

c) Persons currently receiving monthly disability allowances under the law; persons currently receiving monthly 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, Decision No. 613/QĐ-TTg dated May 6, 2010 of the Prime Minister on providing monthly allowances to those with at least 15 but less than 20 years of actual service who have ceased to receive monthly disability allowances; rubber plantation workers currently receiving monthly allowances under Decision No. 206-CP dated May 30, 1979 of the Council of Ministers on policies for newly liberated workers engaged in heavy and health-damaging jobs who are now old and weak and must stop working.

d) Village, ward, town officials currently receiving monthly allowances under Decision No. 130-CP dated June 20, 1975 of the Council of Ministers on supplementing policies and benefits for village officials and Decision No. 111-HĐBT dated October 13, 1981 of the Council of Ministers on amending and supplementing certain policies and benefits for village officials and non-professional staff at the commune level.

đ) Military personnel currently receiving monthly allowances under Decision No. 142/2008/QĐ-TTg dated October 27, 2008 of the Prime Minister on implementing policies for military personnel participating in the resistance war against the United States to save the country with less than 20 years of service in the military who have been discharged and returned to their home regions (amended and supplemented by 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 on policies for public security officers participating in the resistance war against the United States with less than 20 years of service in the public security force who have retired and returned to their home regions.

g) Military personnel, public security officers, and personnel engaged in confidential work receiving allowances equivalent to military personnel and public security officers currently receiving monthly allowances under Decision No. 62/2011/QĐ-TTg dated November 9, 2011 of the Prime Minister on policies and benefits for individuals participating in wars to protect the country and international missions in Cambodia and assisting Laos after April 30, 1975 who have been discharged and retired.

h) Persons currently receiving monthly allowances for work-related accidents and occupational diseases.

i) Persons currently receiving monthly allowances for survivors before January 1, 1995.

Article 2. Subjects specified in points a, b, c, d, đ, e, and g of Clause 1 of this Article who retired and received pensions, social insurance benefits, and monthly allowances before January 1, 1995 (including those who had retired and received disability allowances before January 1, 1995, and 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 at least 15 but less than 20 years of actual service who have ceased to receive monthly disability allowances), after implementing adjustments according to Clause 1 of Article 2 of this Decree, shall have monthly pensions, social insurance benefits, and monthly allowances below VND 3,500,000.

Article 2. Time and Level of Adjustment

1. As of July 1, 2024, increase by 15% on the pension, social insurance benefits, and monthly allowances for June 2024 for the subjects specified in Clause 1, Article 1 of this Decree.

2. As of July 1, 2024, individuals receiving pensions, social insurance benefits, and monthly allowances as stipulated in Clause 2, Article 1 of this Decree, after adjustment according to the provisions of Clause 1 of this Article, if their benefit level is lower than 3,500,000 VND/month, shall be adjusted as follows: Increase by 300,000 VND/person/month for those with a benefit level below 3,200,000 VND/person/month; increase to 3,500,000 VND/person/month for those with a benefit level from 3,200,000 VND/person/month up to but not including 3,500,000 VND/person/month.

3. The level of pensions, social insurance benefits, and monthly allowances after adjustment according to the provisions of this Article shall serve as the basis for calculating adjustments to pensions, social insurance benefits, and monthly allowances in subsequent adjustments.

Article 3. Source of Funding

The source of funding for adjusting pensions, social insurance benefits, and monthly allowances applicable to the subjects specified in Article 1 of this Decree is as follows:

1. The state budget shall ensure funding for individuals receiving social insurance benefits prior to January 1, 1995, receiving monthly allowances under Decision No. 91/2000/QĐ-TTg dated August 4, 2000, of the Prime Minister regarding monthly allowances for those who have reached retirement age at the time of ceasing to receive monthly disability allowances, Decision No. 613/QĐ-TTg dated May 6, 2010, of the Prime Minister regarding monthly allowances for those with at least 15 years but less than 20 years of actual service who have ceased to receive monthly disability allowances, and the subjects specified in Points d, e, f, and h of Clause 1, Article 1 of this Decree; receiving pensions under Decree No. 159/2006/NĐ-CP dated December 28, 2006, of the Government on implementing retirement benefits for military personnel directly participating in the anti-American war to save the country before April 30, 1975, who have served at least 20 years in the military and have been discharged or retired, Decree No. 11/2011/NĐ-CP dated January 30, 2011, of the Government amending and supplementing certain articles of Decree No. 159/2006/NĐ-CP dated December 28, 2006, of the Government on implementing retirement benefits for military personnel directly participating in the anti-American war to save the country before April 30, 1975, who have served at least 20 years in the military and have been discharged or retired, and Decree No. 23/2012/NĐ-CP dated April 3, 2012, of the Government on certain benefits for those participating in wars to protect the country and international missions in Cambodia and assisting Laos after April 30, 1975, who have served at least 20 years in the military or police and have been discharged or retired.

2. The social insurance fund shall ensure funding for individuals receiving social insurance benefits from January 1, 1995 onwards, including those currently receiving pensions and monthly allowances under Decree No. 92/2009/NĐ-CP dated October 22, 2009, of the Government on positions, number, and certain policies and benefits for cadres and civil servants at commune, ward, town levels and non-professional staff at commune level, Decree No. 34/2019/NĐ-CP dated April 24, 2019, of the Government amending and supplementing certain regulations on cadres and civil servants at commune level and non-professional staff at commune, village, and neighborhood levels, Decree No. 33/2023/NĐ-CP dated June 10, 2023, on cadres and civil servants at commune level and non-professional staff at commune, village, and neighborhood levels, Decree No. 121/2003/NĐ-CP dated October 21, 2003, of the Government on policies and benefits for cadres and civil servants at commune, ward, and town levels, and 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, and town cadres.

Article 4. Organization of Implementation

1. The Minister of Labor, Invalids, and Social Affairs shall be responsible for directing and guiding the Vietnam Social Security to implement the adjustment of pensions, social insurance benefits, and monthly allowances for the subjects specified in Points a, b, c, h, and i of Clause 1, Article 1 of this Decree.

2. The Minister of Interior shall specify in detail the adjustment for the subjects specified in Point d of Clause 1, Article 1 of this Decree.

3. The Minister of Defense shall specify in detail the adjustment for the subjects specified in Point f of Clause 1, Article 1 and the subjects within the responsibility of resolution specified in Point g of Clause 1, Article 1 of this Decree.

4. The Minister of Public Security shall specify in detail the adjustment for the subjects specified in Point e of Clause 1, Article 1 and the subjects within the responsibility of resolution specified in Point g of Clause 1, Article 1 of this Decree.

5. The Ministry of Finance shall be responsible for ensuring funding for the adjustment of pensions, social insurance benefits, and monthly allowances for the subjects covered 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 Points a, b, c, h, and i of Clause 1, Article 1 of this Decree; the Military Social Security and the Police Social Security shall be responsible for implementing the adjustment and payment of monthly allowances for the subjects under management specified in Point h of Clause 1, 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 Points d, f, e, and g of Clause 1, Article 1 of this Decree.

Chapter II

IMPLEMENTING PROVISIONS

Article 5. Effective Date

1. This Decree takes effect from July 1, 2024.

2. Decree No. 42/2023/NĐ-CP dated June 29, 2023, of the Government on adjusting pensions, social insurance benefits, and monthly allowances shall cease to be effective from the date this Decree takes effect.

Article 6. Responsibility for Implementation

The ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial people's committees and centrally governed city people's committees shall be responsible for implementing this Decree.