Nghị định 108/2021/NĐ-CP điều chỉnh lương hưu, trợ cấp BHXH và trợ cấp hằng tháng

DECREE

Prescribing the adjustment of pension, social insurance allowance and monthly allowance

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Pursuant to the Law on Governmental Organization dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Government Organization and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Social Insurance dated November 20, 2014;

Pursuant to the National Assembly’s Resolution No. 34/2021/QH15 dated November 13, 2021 on the 2022 State budget estimates;

At the request of the Minister of Labor, Invalids and Social Affairs;

The Government hereby issues the Decree prescribing the adjustment of pension, social insurance allowance and monthly allowance.

Chapter I
GENERAL PROVISIONS

Article 1. Subjects of regulation

1. This Decree prescribes the adjustment of pensions, social insurance allowances and monthly allowances for the following subjects receiving pension, social insurance allowance and monthly allowance before January 01, 2022:

1. Cadres, civil servants, workers, public employees and laborers (including those who have participated in voluntary social insurance, and retired persons transferred from the farmers’ social insurance fund of Nghe An province as prescribed in the Prime Minister’s Decision No. 41/2009/QD-TTg dated March 16, 2009), army men, servicemen of the People’s Public Security forces and persons engaged in the cipher work who are on monthly pension.

2. Commune, ward or township officials prescribed in the Government’s Decree No. 92/2009/ND-CP dated October 22, 2009 prescribing regulations on titles, numbers, a number of regimes and policies for cadres and civil servants in communes, wards, townships and those who work part-time at the commune level, the Government’s Decree No. 34/2019/ND-CP dated April 24, 2019 on amending and supplementing a number of regulations on commune-level cadres and civil servants and part-time workers at commune and village levels, residential groups, the Government’s Decree No. 121/2003/ND-CP dated October 21, 2003 prescribing regimes and policies for cadres and civil servants in communes, wards and townships and the Government’s Decree No. 09/1998/ND-CP dated January 23, 1998 on amending and supplementing the Government's Decree No. 50/CP dated July 26, 1995 on the subsistence allowance regime for commune, ward and township officials are receiving pension, monthly allowance.

c) Persons who are on monthly working capacity loss allowance in accordance with law regulations, persons who are on monthly allowances under the Prime Minister’s Decision No. 91/2000/QD-TTg dated August 4, 2000 on the allowance for persons who have reached the end of working age at the time of discontinuation of monthly allowance for the loss of working capacity, the Prime Minister’s Decision No. 613/QD-TTg dated May 6, 2010 prescribing monthly allowance for those who have from full 15 years to less than 20 years of actual working time and the time limit for receiving working capacity loss allowance has expired; rubber workers who are on monthly allowances in accordance with the Government Council’s Decision No. 206-CP dated May 30, 1979 on policies for newly liberated workers doing heavy and unhealthy occupations who are old, weak and need retirement.

d) Officials of communes, wards and townships who are on monthly allowance in accordance with the Government Council’s Decision No. 130/CP dated June 20, 1975 supplementing policies and remuneration regimes for commune officials and Decision No. 111-HDBT dated October 13, 1981 of Council of Ministers on amending and supplementing a number of policies and regimes for commune and ward officials.

dd) Army men who are on monthly allowances in accordance with the Prime Minister’s Decision No. 142/2008/QD-TTg dated October 27, 2008 on the implementation of the regime for army men participating in the resistance war against the US for national salvation with less than 20 years of service in the army and have been discharged and returned to their localities (which is amended and supplemented by the Prime Minister’s Decision No. 38/2010/ Decision-TTg dated May 6, 2010).

e) Servicemen of the People’s Public Security forces who are on monthly allowances under the Prime Minister’s Decision No. 53/2010/QD-TTg of August 20, 2010 prescribing regulations on regimes for officers and soldiers of the People's Public Security who participated in the resistance war against the US for national salvation with less than 20 years of service in the People's Public Security who have quit their jobs or have been discharged and returned to their localities.

g) Army men, servicemen of the People’s Public Security forces and persons engaged in the cipher work who are salaried like Army men and servicemen of the People’s Public Security forces on monthly allowances under the Prime Minister’s Decision No. 62/2011/QD-TTg dated November 9, 2011on regimes and policies for subjects participating in the war to defend the Fatherland, performing international missions in Cambodia, helping Laotian friends who have been discharged or quitted their work after April 30, 1975.

2. The subjects specified in Clause 1 of this Article who retired before January 01, 1995 and after being adjusted as prescribed in Clause 1 Article 2 of this Decree are receiving pensions, social insurance allowances and monthly allowances of less than VND 2,500,000/month.

Article 2. Adjustment time and levels

1. From January 01, 2022, the amount of pensions, social insurance allowances and monthly allowances payable to the persons prescribed in Clause 1, Article 1 of this Decree shall increase by 7.4% compared to the amount of December 2021.

2. From January 01, 2022, the specific adjustment for the persons specified in Clause 2 Article 1 of this Decree shall be as follows: Those whose pension, social insurance allowance or monthly allowance is VND 2,300,000 or below shall receive an additional VND 200,000/each/month, those whose pension, social insurance allowance or monthly allowance is from VND 2,300,000 to less than VND 2,500,000 shall receive an pension, social insurance allowance or monthly allowance of VND 2,500,000 each/month.

3. The amount of pensions, social insurance allowances and monthly allowances adjusted in accordance with regulations in in this Article shall serve as the basis for the next adjustments to the pensions, social insurance allowances and monthly allowances.

Article 3. Funding sources for implementation

Sources of funding for adjustments to pensions, social insurance allowances and monthly allowances for the persons prescribed in Article 1 of this Decree shall be prescribed as follows:

1. The State budget shall pay to those who are on social insurance allowances before October 1, 1995; those who are on monthly allowances under the Prime Minister’s Decision No. 91/2000/QD-TTg dated August 4, 2000 on the allowance for persons who have reached the end of working age at the time of discontinuation of monthly allowance for the loss of working capacity and the Decision No. 613/QD-TTg dated May 6, 2010 prescribing monthly allowance for those who have from full 15 years to less than 20 years of actual working time and the time limit for receiving working capacity loss allowance has expired and those specified at Points d, dd, e, g, Clause 1, Article 1 of this Decree; and those who are on pension under: the Government’s Decree No. 159/2006/ND-CP dated December 28, 2006 on implementing the retirement regimes for army men who directly participated in the resistance war against the US for national salvation from April 30, 1975 backwards and had 20 years of service in the army or more before being discharged and returning to their localities, the Government’s Decree No. 11/2011/ND-CP dated January 30, 2011on amending and supplementing a number of articles of the Government’s Decree No. 159/2006/ND-CP dated December 28, 2006 on implementing the retirement regimes for army men who directly participated in the resistance war against the US for national salvation from April 30, 1975 backwards and had 20 years of service in the army or more before being discharged and returning to their localities and the Government’s Decree No. 23/2012/ND-CP dated April 3, 2012 prescribing a number of regimes for subjects participating in the war to defend the Fatherland, performing international missions in Cambodia, and helping Laotian friends after April 30, 1975, with 20 years of service in the Army or the People’s Public Security forces or more and having been discharged, or having quitted the work.

2. The social security fund shall pay to those who are on social insurance allowances from October 1, 1995 onwards, including also those who are on pension and monthly allowances in accordance with: the Government’s Decree No. 92/2009/ND-CP dated October 22, 2009 prescribing regulations on titles, numbers, a number of regimes and policies for cadres and civil servants in communes, wards, townships and those who work part-time at the commune level, the Government’s Decree No. 34/2019/ND-CP dated April 24, 2019 on amending and supplementing a number of regulations on commune-level cadres and civil servants and part-time workers at commune and village levels, residential groups, the Government’s Decree No. 121/2003/ND-CP dated October 21, 2003 prescribing regimes and policies for cadres and civil servants in communes, wards and townships and the Government’s Decree No. 09/1998/ND-CP dated January 23, 1998 on amending and supplementing the Government's Decree No. 50/CP dated July 26, 1995 on the subsistence allowance regime for commune, ward and township officials.

Article 4. Organization of implementation

1. The Minister of Labor, Invalids and Social Affairs shall prescribe in details the adjustments for subjects specified at Points a, b and c, Clause 1, Article 1 of this Decree.

2. The Minister of Home Affairs shall prescribe in details the adjustments for subjects specified at Point d, Clause 1, Article 1 of this Decree.

3. The Minister of National Defense shall prescribe in details the adjustment for subjects specified at Point dd, Clause 1, Article 1 and subjects under the Ministry of National Defense’s responsibility as prescribed at Point g, Clause 1, Article 1 of this Decree.

4. The Minister of Public Security shall prescribe in details the adjustments for subjects specified at Point e, Clause 1, Article 1 and subjects under the Minister of Public Security’s responsibility as prescribed at Point g, Clause 1, Article 1 of this Decree.

5. The Ministry of Finance shall be responsible for ensuring the funding sources for adjustment of pensions, social insurance allowances and monthly allowances for subjects covered by the State budget.

6. The Vietnam Social Security shall be responsible for adjusting and paying pensions, social insurance allowances and monthly allowances to subjects specified at Points a, b, c, Clause 1, Article 1 of this Decree.

7. People’s Committees of provinces and centrally run cities shall be responsible for adjusting and paying monthly allowances to subjects specified at Points d, dd, e and g, Clause 1, Article 1 of this Decree.

Chapter II
IMPLEMENTATION PROVISIONS

Article 5. Effect

1. This Decree takes effect from January 20, 2022. The provisions of this Decree takes effect from January 01, 2022.

2. The Government’s Decree No. 44/2019/ND-CP dated May 20, 2019 prescribing pensions, social insurance benefits and monthly allowances shall expire from the date on which this Decree takes effect.

Article 6. Implementation responsibilities

Ministers, Heads of ministerial-level agencies, Heads of Government- attached agencies and Chairpersons of People’s Committees of provinces and centrally run cities shall be responsible for implementing this Decree.

For the Government

The Prime Minister

Pham Minh Chinh