Nghị định 88/2018/NĐ-CP về điều chỉnh lương hưu, trợ cấp bảo hiểm xã hội và trợ cấp hàng tháng

THE GOVERNMENT

Decree No. 88/2018/ND-CP dated June 15, 2018 of the Government on adjustments of retirement pensions, social insurance allowances and monthly allowances

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

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

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

Pursuant to Resolution No. 49/2017/QH14 dated November 13, 2017 of the National Assembly on state budget estimates 2018;

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

The Government promulgates a Decree on adjustments of retirement pensions, social insurance allowances and monthly allowances.

Chapter I

GENERAL PROVISIONS

Article 1. Subject of application

This Decree adjusts amounts of retirement pensions, social insurance allowances and monthly allowances for following entities:

1.Public officials, public employees and workers (including those contributing social insurance voluntarily and retired people transferred from Social Insurance Fund of farmers of Nghe An province as prescribed in Decision No. 41/2009/QD-TTg dated March 16, 2009 of the Prime Minister); soldiers, people’s police and cipher officers who are on monthly retirement pensions.

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

3.Those who are on monthly work-capacity loss allowance as per the law; those who are on monthly allowance as prescribed in Decision No. 91/2000/QD-TTg dated August 4, 2000, Decision No. 613/QD-TTg dated May 6, 2010 of the Prime Minister; rubber workers who are on monthly allowance.

4.Officers of communes, wards, commune-level towns who are on monthly allowance as prescribed in Decision No. 130/CP dated June 20, 1975 of Government Council and Decision No. 111-HDBT dated October 13, 1981 of Council of Ministers.

5.Soldiers who are on monthly allowances as prescribed in Decision No. 142/2008/QD-TTg dated October 27, 2008, Decision No. 38/2010/QD-TTg dated May 6, 2010 of the Prime Minister.

6.People’s police who are on monthly allowances as prescribed in Decision No. 53/2010/QD-TTg dated August 20, 2010 of the Prime Minister.

7.Soldiers, people’s police, cipher officers on payroll similarly as soldiers, people s police on monthly allowances as prescribed in Decision No. 62/2011/QD-TTg dated November 9, 2011 of the Prime Minister.

8.Those who are on monthly occupational accident and disease benefits.

Article 2. Time and adjustment

From July 1, 2018, the amount of pension, social insurance allowance and monthly allowance increases by 6.92% compared to June 2018 for entities prescribed in Article 1 of this Decree.

Article 3. Funding

Funding for adjustment of pension, social insurance allowance and monthly allowance for entities prescribed in Article 1 of this Decree:

1.State budget set aside for beneficiaries of social insurance before October 1, 1995; those who are on monthly allowance according to Decision No. 91/2000/QD-TTg dated August 4, 2000, Decision No. 613/QD-TTg dated May 6, 2010 of the Prime Minister and those prescribed in Clauses 4, 5, 6 and Clause 7 Article 1 hereof; those who are on retirement pensions prescribed in Decree No. 159/2006/ND-CP dated December 28, 2006, Decree No. 11/2011/ND-CP dated January 30, 2011 and Decree No. 23/2012/ND-CP dated April 3, 2012 of the Government.

2.Social Insurance Fund set aside for beneficiaries of social insurance from October 1, 1995 onwards, including those who are on retirement pensions and monthly allowances as prescribed in 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 of the Government.

Article 4. Implementation organization

1.The Minister of Labor, War Invalids and Social Affairs shall provide guidelines for adjustment of retirement pensions, social insurance allowances and monthly allowances as prescribed in Clauses 1, 2, 3 and Clause 8 Article 1 hereof.

2.The Minister of Home Affairs provides guidelines for adjustment of monthly allowances for entities prescribed in Clause 4 Article 1 hereof.

3.The Minister of Home Affairs provides guidelines for adjustment of monthly allowances for entities prescribed in Clause 5 Article 1 and those under management of the Ministry of National Defense prescribed in Clause 7 Article 1 hereof.

4.The Minister of Public Security provides guidelines for adjustment of monthly allowances for entities prescribed in Clause 6 Article 1 and those under management of the Ministry of Public Security prescribed in Clause 7 Article 1 hereof.

5.The Ministry of Finance shall ensure funding for adjustment of retirement pensions, social insurance allowances, and monthly allowances for beneficiaries of state budget.

6.Vietnam Social Security shall adjust and pay retirement pensions, social insurance allowances and monthly allowances for entities as prescribed in Clauses 1, 2, 3 and Clause 8 Article 1 hereof.

7.People’s Committees of provinces and central-affiliated cities shall adjust and pay monthly allowances for entities as prescribed in Clauses 4, 5, 6 and 7 Article 1 hereof.

Chapter II

IMPLEMENTATION PROVISIONS

Article 5. Effect

This Decree takes effect on July 01, 2018.

Article 6. Implementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of provinces and central-affiliated cities shall implement this Decree./.

For the Government

The Prime Minister

Nguyen Xuan Phuc