Decree No. 76/2017/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;

Grounds: Social Insurance Law dated November 20, 2014;

On the basis of the Law on Labor Safety and Health dated June 25, 2015;labourcode on June 25, 2015;

Pursuant to Resolution No. 27/2016/QH14 dated November 11, 2016 of the National Assembly on the State budget estimate for 2017;

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 pension, social insurance benefits, and monthly allowances for the following categories:

1. Cadres, civil servants, workers, employees (including those with voluntary social insurance contribution periods, those retiring from the Nghe An Farmers' Social Insurance Fund pursuant to Decision No. 41/2009/QD-TTg dated March 16, 2009 of the Government's Prime Minister), military personnel, public security officers, and personnel engaged in confidential work who are currently receiving monthly pensions.

2. Village, ward, 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 currently receiving monthly pensions and allowances.

3. Those currently receiving monthly disability allowances as prescribed by law; those currently receiving monthly allowances pursuant to Decision No. 91/2000/QD-TTg dated August 4, 2000 and Decision No. 613/QD-TTg dated May 6, 2010 of the Government's Prime Minister; rubber plantation workers currently receiving monthly allowances.

4. Village, ward, 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 personnel engaged in confidential work who are currently receiving monthly allowances pursuant to Decision No. 62/2011/QD-TTg dated November 9, 2011 of the Government's 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, 2017, increase by 7.44% on the pension, social insurance benefits, and monthly allowances of June 2017 for the categories 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 for those enjoying social insurance benefits before 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 Government's Prime Minister, and the categories 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 for those 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 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 as stipulated 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 category specified in Clause 4 of Article 1 of this Decree.

3. The Minister of National Defense shall be responsible for guiding the implementation of the adjustment of monthly allowances for the category specified in Clause 5 of Article 1 and the category under the responsibility of the Ministry of National 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 category specified in Clause 6 of Article 1 and the category 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 the funding for the adjustment of pensions, social insurance benefits, and monthly allowances for the categories covered by the state budget from the central government's 2017 budget estimate for salary reform and reduction of staff numbers as decided by the National Assembly.

6. The Vietnam Social Security shall be responsible for implementing the adjustment and payment of pensions, social insurance benefits, and monthly allowances for the categories 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 implementing the adjustment and payment of monthly allowances for the categories 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 August 15, 2017. The provisions of this Decree shall be implemented from July 1, 2017.

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./.