Decree No. 93/2006/NĐ-CP adjusts pensions and social insurance allowances for cadres, civil servants, and public officials who have retired since October 1, 2006. The increase in pension ranges up to 10%, depending on the pre-retirement salary level.
适用范围
Cadres, civil servants, and public officials; military personnel, police officers, and personnel engaged in confidential work who have retired; persons currently receiving monthly disability allowances; village, ward, and town cadres who have retired.
要点
- Retired cadres, civil servants, and public officials → Increase by 10-4% on the current pension received
- Retired military personnel, police officers, and personnel engaged in confidential work → Increase by 10-4% on the current pension received
- Persons currently receiving monthly disability allowances → Increase by 10% on the current allowance received
- Village, ward, and town cadres who have retired under Decision No. 130-CP and Decision No. 111-HDBT → Increase by 10% on the current allowance received from October 1, 2006
- The average monthly salary paid for social insurance serves as the basis for calculating pensions and lump-sum allowances upon retirement
🌐 本文件的社会影响
- Positive impact: Increasing pension and social insurance allowances improves the living standards of retirees.
- Negative impact: Increased costs for the state budget, affecting local financial plans.
❓ 常见问题
By what percentage are pensions adjusted?
Retired cadres, civil servants, and public officials: Increase by 10-4% on the current pension received. Military personnel, police officers, and personnel engaged in confidential work: Increase by 10-4% on the current pension received.
How are persons currently receiving monthly disability allowances adjusted?
Increase by 10% on the current allowance received.
How are village, ward, and town cadres who have retired under Decision No. 130-CP and Decision No. 111-HDBT adjusted?
Increase by 10% on the current allowance received from October 1, 2006.
How is the average monthly salary paid for social insurance, which serves as the basis for calculating pensions and lump-sum allowances upon retirement, defined?
Calculated based on the salary of the last 60 months before retirement, including salary coefficients and position and seniority allowances adjusted.
When does this Decree take effect?
This Decree takes effect 15 days after its publication in the Official Gazette, and the provisions are implemented from October 1, 2006.
全文
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THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 93/2006/NĐ-CP |
Hanoi, September 7, 2006 |
DECREE
Adjustment of pensions, social insurance benefits, and monthly allowances
Amending and supplementing the monthly allowance for retired village cadres
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Labor Code dated June 23, 1994 and the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 2, 2002;
Considering the proposal of the Minister of Labor, Invalids and Social Affairs, the Minister of Interior, and the Minister of Finance.
DECREE
Article 1. Adjust the pension and monthly social insurance allowance for the following categories:
1. Cadres, civil servants, workers, employees; military personnel, public security officers, and persons receiving monthly retirement pay according to the salary scale prescribed by the State.
2. Workers, employees, and laborers receiving monthly retirement pay who have both worked under the salary scale prescribed by the State and worked without such a scale.
3. Workers and employees currently receiving monthly disability benefits, including those receiving monthly allowances pursuant to Decision No. 91/2000/QĐ-TTg dated August 4, 2000 of the Prime Minister.
4. Rubber plantation workers currently receiving monthly allowances.
5. Village, ward, and town cadres receiving monthly pensions and allowances pursuant to 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 2. As of October 1, 2006, the monthly pension and social insurance allowance for individuals receiving monthly pensions and social insurance allowances before October 1, 2006, as stipulated in Clauses 1, 3, 4, and 5 of Article 1 of this Decree shall be adjusted as follows:
1. For cadres, civil servants, workers, and employees who have retired:
a) Increase by 10% on the current pension amount for those with a pre-retirement salary below 390 dong/month according to Decree No. 235/HĐBT dated September 18, 1985; having an old salary coefficient below 3.06 according to Resolution No. 35/NQ-UBTVQHK9 dated May 17, 1993, Decision No. 69-QĐ/TW dated May 17, 1993, Decree No. 25/CP, and Decree No. 26/CP dated May 23, 1993; having a new salary coefficient below 3.99 according to Resolution No. 730/2004/NQ-UBTVQHK11 dated September 30, 2004, Decision No. 128/QĐ-TW dated December 14, 2004, Decree No. 204/2004/NĐ-CP, and Decree No. 205/2004/NĐ-CP dated December 14, 2004.
b) Increase by 8% on the current pension amount for those with a pre-retirement salary from 390 dong/month to less than 644 dong/month according to Decree No. 235/HĐBT; having an old salary coefficient from 3.06 to less than 5.54 according to Resolution No. 35/NQ-UBTVQHK9, Decision No. 69-QĐ/TW, Decree No. 25/CP, and Decree No. 26/CP; having a new salary coefficient from 3.99 to less than 6.92 according to Resolution No. 730/2004/NQ-UBTVQHK11, Decision No. 128/QĐ-TW, Decree No. 204/2004/NĐ-CP, and Decree No. 205/2004/NĐ-CP.
c) Increase by 6% on the current pension amount for those with a pre-retirement salary from 644 dong/month to less than 718 dong/month according to Decree No. 235/HĐBT; having an old salary coefficient from 5.54 to less than 6.26 according to Resolution No. 35/NQ-UBTVQHK9, Decision No. 69-QĐ/TW, Decree No. 25/CP, and Decree No. 26/CP; having a new salary coefficient from 6.92 to less than 7.64 according to Resolution No. 730/2004/NQ-UBTVQHK11, Decision No. 128/QĐ-TW, Decree No. 204/2004/NĐ-CP, and Decree No. 205/2004/NĐ-CP.
d) Increase by 4% on the current pension amount for those with a pre-retirement salary of 718 dong/month or more according to Decree No. 235/HĐBT; having an old salary coefficient of 6.26 or more according to Resolution No. 35/NQ-UBTVQHK9, Decision No. 69-QĐ/TW, Decree No. 25/CP, and Decree No. 26/CP; having a new salary coefficient of 7.64 or more according to Resolution No. 730/2004/NQ-UBTVQHK11, Decision No. 128/QĐ-TW, Decree No. 204/2004/NĐ-CP, and Decree No. 205/2004/NĐ-CP.
2. For military personnel, public security officers, and persons engaged in confidential work receiving salaries according to the rank salary table for officers of the People's Army; officers and non-commissioned officers of the Public Security Force; confidential rank and professional soldier salary table of the People's Army; technical staff of the Public Security Force; technical confidential staff retiring:
a) Increase by 10% on the current pension amount for those with a pre-retirement salary below 425 dong/month according to Decree No. 235/HĐBT; having an old salary coefficient below 4.40 according to Decree No. 25/CP; having a new salary coefficient below 5.60 according to Decree No. 204/2004/NĐ-CP.
b) Increase by 8% on the current pension amount for those with a pre-retirement salary from 425 dong/month to less than 668 dong/month according to Decree No. 235/HĐBT; having an old salary coefficient from 4.40 to less than 7.20 according to Decree No. 25/CP; having a new salary coefficient from 5.60 to less than 8.60 according to Decree No. 204/2004/NĐ-CP.
c) Increase by 6% on the current pension amount for those with a pre-retirement salary from 668 dong/month to less than 718 dong/month according to Decree No. 235/HĐBT; having an old salary coefficient from 7.20 to less than 7.70 according to Decree No. 25/CP; having a new salary coefficient from 8.60 to less than 9.20 according to Decree No. 204/2004/NĐ-CP.
d) Increase by 4% on the current pension amount for those with a pre-retirement salary of 718 dong/month or more according to Decree No. 235/HĐBT; having an old salary coefficient of 7.70 or more according to Decree No. 25/CP; having a new salary coefficient of 9.20 or more according to Decree No. 204/2004/NĐ-CP.
3. Increase by 10% on the current allowance amount for those currently receiving monthly disability benefits; those receiving monthly allowances pursuant to Decision No. 91/2000/QĐ-TTg dated August 4, 2000 of the Prime Minister; rubber plantation workers currently receiving monthly allowances; village, ward, and town cadres currently receiving monthly pensions and allowances pursuant to 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 3. The average monthly salary paid for social insurance contributions serves as the basis for calculating the pension and lump-sum social insurance allowance upon retirement. For persons receiving salaries according to the salary scale prescribed by the State who retire or receive social insurance benefits in one lump sum from October 1, 2006 onwards, the calculation shall be based on the average monthly salary paid for social insurance contributions over the last 60 months before retirement. Among these months, those with social insurance contributions made according to the salary coefficient and position allowance, seniority allowance (if applicable) as stipulated in Resolution No. 35/NQ-UBTVQHK9, Decision No. 69-QĐ/TW, Decree No. 25/CP, and Decree No. 26/CP shall be adjusted according to the salary coefficient and position allowance, seniority allowance (if applicable) as stipulated in Resolution No. 730/2004/NQ-UBTVQHK11, Decision No. 128/QĐ-TW, Decree No. 204/2004/NĐ-CP, and Decree No. 205/2004/NĐ-CP.
Article 4For persons retiring under the provisions of Clause 2, Article 1 of this Decree, only the pension portion based on the salary within the salary scale prescribed by the State shall be adjusted. The adjustment levels shall be implemented according to the provisions of Article 2, Clause 2, Article 3 of Decree No. 208/2004/NĐ-CP dated December 14, 2004, Clause 1 and Clause 2, Article 2, Clause 2, Article 3 of Decree No. 117/2005/NĐ-CP dated September 15, 2005, and the pension adjustment level according to the provisions of Clause 1 and Clause 2, Article 2 of this Decree, or calculated based on the average monthly salary paid for social insurance contributions over the last 60 months before transferring to receive non-salary-based wages according to Article 3 of this Decree, depending on the retirement date and the date of transferring to receive non-salary-based wages.
Article 5The average monthly salary paid for social insurance contributions serving as the basis for calculating pensions and one-time allowances upon retirement, and the adjustment levels for pensions and monthly allowances for persons waiting until the required age to enjoy retirement benefits and monthly allowances shall be determined as follows:
1. For persons waiting until the required age to enjoy retirement benefits before October 1, 2004, and meeting the conditions to enjoy such benefits from October 1, 2006 onwards.
a) The average monthly salary paid for social insurance contributions serving as the basis for calculating pensions and one-time allowances upon retirement shall be calculated according to the salary level stipulated in Resolution No. 35/NQ-UBTVQHK9, Decision No. 69-QĐ/TW, Decree No. 25/CP, and Decree No. 26/CP.
b) The adjustment level for pensions shall be defined as the pension adjustment level according to Article 2 of Decree No. 208/2004/NĐ-CP, stipulated in Clause 1 and Clause 2, Article 2 of Decree No. 117/2005/NĐ-CP, an increase of 20.7% on the adjusted pension level according to Decree No. 117/2005/NĐ-CP, and the pension adjustment level according to Clause 1 and Clause 2, Article 2 of this Decree.
2. For persons waiting until the required age to enjoy retirement benefits from October 1, 2004 to before October 1, 2006, and meeting the conditions to enjoy such benefits from October 1, 2006 onwards.
a) The average monthly salary paid for social insurance contributions serving as the basis for calculating pensions and one-time allowances upon retirement shall be calculated according to the salary level stipulated in Clause 1, Article 3 of Decree No. 117/2005/NĐ-CP.
b) The adjustment level for pensions shall be defined according to the pension adjustment level at Clause 2, Article 3 of Decree No. 208/2004/NĐ-CP, stipulated in Clause 1 and Clause 2, Article 2 of Decree No. 117/2005/NĐ-CP, an increase of 20.7% on the adjusted pension level according to Decree No. 117/2005/NĐ-CP, the pension adjustment level stipulated at Clause 2, Article 3 of Decree No. 117/2005/NĐ-CP, and stipulated in Clause 1 and Clause 2, Article 2 of this Decree, depending on the month of waiting.
3. For persons waiting until the required age to enjoy retirement benefits and meeting the conditions to enjoy such benefits from October 1, 2006 onwards, the average monthly salary paid for social insurance contributions serving as the basis for calculating pensions and one-time allowances upon retirement shall be calculated according to the provisions of Article 3 of this Decree.
4. For village, ward, town cadre members waiting until the required age to enjoy monthly allowances according to Decree No. 121/2003/NĐ-CP dated October 21, 2003, and Decree No. 09/1998/NĐ-CP dated January 23, 1998 of the Government, if they meet the conditions to enjoy allowances from October 1, 2004 onwards, the monthly allowance adjustment levels according to each period shall be implemented according to the provisions of Article 2 of Decree No. 208/2004/NĐ-CP, Clause 3, Article 2 of Decree No. 117/2005/NĐ-CP, an increase of 20.7% on the adjusted monthly allowance level according to Decree No. 117/2005/NĐ-CP, and the adjustment level according to Clause 3, Article 2 of this Decree.
Article 6. For village, ward, town cadre members who have retired according 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, starting from October 1, 2006, the monthly allowance shall be increased by 10% on the current monthly allowance received according to Decree No. 119/2005/NĐ-CP dated September 27, 2005 of the Government.
Article 7.
1. The funding for adjusting pensions and monthly social insurance allowances applicable to the subjects specified in Article 1 of this Decree shall be as follows:
a) For subjects enjoying social insurance benefits before October 1, 1995, the funding shall be guaranteed by the state budget.
b) For subjects enjoying social insurance benefits from October 1, 1995 onwards, including those currently receiving pensions and monthly social insurance allowances according to Decree No. 121/2003/NĐ-CP dated October 21, 2003, and Decree No. 09/1998/NĐ-CP dated January 23, 1998 of the Government, the funding shall be guaranteed by the social insurance fund.
2. The funding for adjusting monthly allowances applicable to the subjects specified in Article 6 of this Decree shall be consolidated into the local minimum wage adjustment funding needs and shall be guaranteed from sources according to the regulations on adjusting the national minimum wage.
Article 8.
1. The Ministry of Labor, Invalids, and Social Affairs shall be responsible for guiding the implementation of pension adjustments and social insurance allowance adjustments for the subjects specified in Article 1 of this Decree.
2. The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Finance to guide the implementation of adjustments to allowances for the subjects specified in Article 6 of this Decree.
3. The Ministry of Finance shall be responsible for ensuring the funding for salary adjustments and social insurance allowances for the subjects guaranteed by the state budget.
4. The Vietnam Social Security shall be responsible for ensuring the funding for pension salary adjustments and social insurance allowances for the subjects guaranteed by the social insurance fund; organize guidance for local social security agencies to implement pension salary adjustments and social insurance allowances and organize timely payments in accordance with the provisions of this Decree.
Article 9.
1. This Decree shall take effect fifteen days after its publication in the Official Gazette.
2. The provisions of this Decree shall be implemented from October 1, 2006.
Article 10. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central government shall be responsible for implementing this Decree./.
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Place of Receipt: |
PRIME MINISTER |
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