Decree No. 93/1998/ND-CP On Amending and Supplementing Certain Provisions of the Social Insurance Charter Issued Together with Decree No. 12/CP dated January 26, 1995 of the Government

DECREE OF THE GOVERNMENT
Regarding amendments and supplements to certain provisions of the Social Insurance Charter issued together with Decree No. 12/CP dated January 26, 1995 of the Government

Amending and supplementing certain provisions of the Social Insurance Charter issued together with Decree No. 12/CP dated January 26, 1995 of the Government as follows:

Government

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Labor Code dated June 23, 1994;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

DECREE:

Article 1. 1. Amend and supplement Point b Clause 1 Article 27 as follows:

For employees receiving monthly pension benefits at a level lower than that stipulated in Clauses 2 and 3 of Article 26, the calculation of the pension shall be as prescribed in Point a Clause 1 of Article 27, but for each year retiring early from work to receive pension benefits compared to the provisions of Clauses 1 and 2 of Article 25, the average monthly salary used as the basis for social insurance contributions shall be reduced by 1%. However, for male employees aged 55 to under 60 and female employees aged 50 to under 55 who have contributed to social insurance for 30 years or more and wish to retire, they shall receive the pension calculated as prescribed in Point a Clause 1 of Article 27, without reducing the average monthly salary used as the basis for social insurance contributions by 1% for each year of early retirement.

2. Supplement the end of Clause 1 Article 29 with the following paragraph:

For those who have contributed to social insurance for 15 years or more at wage levels corresponding to heavy, hazardous, or extremely heavy, hazardous work and then switch to other work with lower wage levels according to the state-defined wage scale, when retiring, the average of the five consecutive highest wage levels during their time working in heavy, hazardous work shall be used as the basis for calculating the pension.

3. Supplement Article 36a as follows:

The period during which female workers take leave before and after childbirth as prescribed shall be counted towards the period eligible for social insurance benefits. During this period, female workers and employers are not required to contribute to social insurance; this provision shall be covered by the social insurance fund.

No retroactive application of this Decree to individuals already receiving social insurance benefits prior to its effective date.

Article 2. This Decree shall take effect fifteen days from the date of signature.

The Minister of Labor, War Invalids and Social Affairs, the Minister of Finance shall provide guidance on the implementation of this Decree.

Article 3. The Minister, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for enforcing this Decree.

Article 4. The Minister, head of a ministerial-level agency, head of an agency under the Government, and the Chairman of the People's Committee of a province or centrally governed city shall be responsible for implementing this Decree.