Nghị định 76/2017/NĐ-CP điều chỉnh lương hưu, trợ cấp bảo hiểm xã hội

THE GOVERNMENT

Decree No. 76/2017/ND-CP dated June 30, 2017 of the Government on amending the pensions, social insurance benefits and monthly benefits

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to theLaw on Social Insurance dated November 20, 2014;

Pursuant to the Law on Occupational Safety and Sanitation dated June 25, 2015;

Pursuant to the National Assembly’s Resolution No.27/2016/QH14dated November 11, 2016 onstate budget estimatesin 2017;

At the request of Minister of Labour, War Invalids and Social Affairs;

The Government promulgates a Decree onadjustmentsto pensions, social insurance benefits and monthly benefits.

Chapter I

GENERAL PROVISIONS

Article 1. Subject of application

This Decree provides foradjustment to pensions, social insurance benefits and monthly benefitsof the following entities:

1. Officials, publicemployees and workers(including persons participating in voluntary social insurance, retired persons on monthly benefits transferred from Nghe AnFarmers’SocialInsuranceFundunder the Prime Minister’s Decision No. 41/2009/QD-TTg dated March 16, 2009); servicemen, the People’s policemen, and cipher officerswho are receiving monthlypensions.

2.Officials of communes, wards and commune-level towns who are prescribed in the Government’s Decree No. 92/2009/ND-CP dated October 22, 2009, Decree No. 121/2003/ND-CP dated October 21, 2003 and Decree No. 09/1998/ND-CP dated January 23, 1998 and are on pensions and monthly benefits.

3. Persons on monthly disability benefits as prescribed by laws; persons on monthly benefits as prescribed in the Prime Minister’s Decision No. 91/2000/QD-TTg dated August 04, 2000, Decision No. 613/QD-TTg dated May 06, 2010; rubber workers on monthly benefits.

4.Officials of communes, wards and commune-level townson monthly benefits under regulations in Decision No.130/CPdated June 20, 1975 of the Cabinet Council and Decision No.111-HDBTdated October 13, 1981 of the Council of Ministers.

5.Service memberson monthly benefits under regulations inthe Prime Minister’sDecision No. 142/2008/QD-TTg datedOctober 27, 2008, andDecision No. 38/2010/QD-TTg datedMay 06, 2010.

6. People’s policemenonmonthly benefits under regulations inthe Prime Minister’sDecision No. 53/2010/QD-TTgdated August 20, 2010.

7. Servicemen, the People’s policemen, and cipher officerswho are salaried as servicemen and the People’s policemenon monthly benefits under regulations in the Prime Minister’s Decision No. 62/2011/QD-TTg datedNovember 09, 2011.

8.Persons on monthly occupational accident oroccupational diseasebenefits.

Article 2. Time of application and adjustment rates

The pensions, social insurance benefits and monthly benefits paid in June, 2017 to the entities prescribed in Article 1 herein shall be increased by 7.44% as of July 01, 2017.

Article 3. Sources of funding

Funding for adjustments to pensions, social insurance benefits and monthly benefits paid to entities prescribed in Article 1 herein is stipulated as below:

1.Funding for paying pensions, social insurance benefits and monthly benefits to entities on social insurance benefits before October 01, 1995; entities on monthly benefits as prescribed in the Prime Minister’s Decision No.91/2000/9QD-TTgdated August 01, 2000, Decision No.613/QD-TTgdated May 06, 2010 and entities prescribed in Clauses 4, 5, 6 and 7 Article 1 herein; entities on pensions as regulated by the Government’s Decree No.159/2006/ND-CPdated December 28, 2006, Decree No.11/2011/ND-CPdated January 30, 2011 and Decree No.23/2012/ND-CPdated April 03, 2012 shall be covered by state budget.

2.Pensions, social insurance benefits and monthly benefits paid to entities on social insurance benefits from October 01, 1995 onwards, including entities on pensions or monthly benefits as prescribed in the Government s Decree No.92/2009/ND-CPdated October 22, 2009, Decree No. 121/2003/ND-CPdated October 21, 2003 and Decree No.09/1998/ND-CPdated January 23, 1998 shall be covered by the social insurance fund.

Article 4. Implementationorganization

1. Ministerof Labour, War Invalids and Social Affairsshall be responsible for instructing the adjustments to pensions, social insurance benefits and monthly benefits in accordance with regulations in Clauses 1, 2, 3 and 8 Article 1 herein.

2. Ministerof Home Affairsshall instruct the adjustment to monthly benefits paid to entities prescribed in Clause 4 Article 1 herein.

3. Ministerof National Defenceshall instruct the adjustment to monthly benefits paid to entities prescribed in Clause 5 Article 1 and other entities under the responsibility ofMinistry of National Defencein accordance with regulations in Clause 7 Article 1 herein.

4. Minister of Public Security shall instruct the adjustment to monthly benefits paid to entities prescribed in Clause 6 Article 1 and other entities under the responsibility of Ministry of Public Security in accordance with regulations in Clause 7 Article 1 herein.

5. Ministry of Financeshall be responsible for providing funding for adjustments to pensions, social insurance benefits and monthly benefits of entities which must be covered by state budget by funding from the central-government state budget’s estimate for salary reform anddownsizingin 2017 according to decision of the National Assembly.

6.The Social Security Administration of Vietnam shall be responsible for makingadjustmentand payment ofpensions, social insurance benefits and monthly benefitsto the entities prescribed in Clauses 1, 2, 3 and 8 Article 1 herein.7. ThePeople’s Committees of provinces ofcentral-affiliated cities shall be responsible formakingadjustment and payment of monthly benefits to the entities prescribed in Clauses 4, 5, 6 and 7 Article 1 herein.

Chapter II

IMPLEMENTATION PROVISIONS

Article 5.Effect

This Decree takes effect on August 15, 2017. Regulations in this Decree shall be implemented as from July 01, 2017.

Article 6. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of the Government’s affiliates, Chairpersons of people’s committees of central-affiliated citiesorprovinces shallimplement this Decree.

For the Government

The Prime Minister

Nguyen Xuan Phuc