Thông tư 13/2011/TT-BLĐTBXH điều chỉnh lương hưu, trợ cấp BHXH

CIRCULAR

GUIDING ADJUSTMENT OF PENSION, SOCIAL INSURANCE ALLOWANCE AND MONTHLY ALLOWANCE BY DECREE NO.23/2011/ND-CP DATED APRIL 04, 2011 AND DECREE NO.22/2011/ND-CP DATED APRIL 04, 2011 OF THE GOVERNMENT

Pursuant to the Decree No.186/2007/ND-CP dated December 25, 2007 defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to the Decree No.23/2011/ND-CP dated April 04, 2011 of the Government on adjusting pensions, social insurance allowance and monthly allowance for commune officials who retired (hereinafter referred to as Decree No.23/2011/ND-CP);

Pursuant to the Decree No.22/2011/ND-CP dated April 04, 2011 of the Government on common minimum wage level (hereinafter referred to as Decree No.22/2011/ND-CP);

The Ministry Of Labour, Invalids And Social Affairs guidesadjustment of pension, social insurance allowance and monthly allowance as follows:

Article 1. Subjects of application

1. Officials, public servants, workers, public employees and employees (including retirees enjoyed monthly allowance transferred from social insurance funds of Nghe An farmers as stipulated in Decision No.41/2009/QD-TTg dated March 16, 2009 of the Prime Minister); military and people’s public security officers, those who engage primary tasks in being enjoyed the pension before May 01, 2011.

2. Officials of Communes, wards or townships provided for in Decree No.92/2009/ND-CP dated October 22, 2009, Decree No.121/2003/ND-CP of October 21, 2003 and Decree No.09/1998/ND-CP dated January 23, 1998 of the Government being enjoyed pensions, monthly allowances before May 01, 2011.

3. Those who are enjoying labor incapacitation monthly allowances; people who are being enjoyed monthly allowances under Decision No.91/2000/QD-TTg August 04, 2000, Decision No.613/QD-TTg dated May 06, 2010 of the Prime Minister and rubber workers who are being enjoyed monthly allowances before May 01, 2011.

4. Those who are enjoying monthly allowances of occupational accidents and occupational diseases before May 01, 2011.

5. Those who are enjoying monthly death grant before May 01, 2011.

6. Those who are enjoying allowances of sickness, maternity before May 01, 2011 to be subject to the wage regime prescribed by the State and from May 01, 2011 onwards, they are still enjoyed allowance as prescribed.

Article 2. Adjustment of pensions and social insurance allowances and monthly allowances

1. Persons specified in Clauses 1, 2 and 3 of Article 1 of this Circular who are being enjoyed pensions, monthly allowances, pensions level and monthly allowances are adjusted as follows:

Example 1: Mr. A, with his pension level in 4/2011 is 1,938,027 VND/month.

Mr.A’s pension level from 5/2011 is adjusted as follows:

1,938,027 VND/month x 1.137 = 2,203,537 VND/month

Example 2: Mr. B, rank of Captain, with his pension level in 4/2011 is 2,544,983 VND/month.

Mr. B s pension level from 5/2011 is adjusted as follows:

2,544,983 VND/month x 1.137 = 2,893,646 VND/month

Example 3: Mr. C is a retired commune official, enjoyed monthly allowance as prescribed in Decree No.09/1998/ND-CP, with allowance level in 4/2011 is 947,046 VND/month.

Mr.C’s monthly allowance level for from 5/2011 is adjusted as follows:

947,046 VND/month x 1.137 = 1,076,791 VND/month

Example 4: Mr. D, left his job enjoyed monthly allowance for labor incapacitation, with allowance level in 4/2011 is 1,028,407 VND/month.

The allowance for Mr.D’s labor incapacitation in 5/2011 is adjusted as follows:

1,028,407 VND/month x 1.137 = 1,169,299 VND/month

2. Persons specified in clause 4 of Article 1 of this Circular, the allowance levels of occupational accidents and occupational diseases are adjusted monthly as follows:

a) For persons who are being enjoyed occupational accidents and occupational diseases:

Example 5: Mr. G, is being enjoyed monthly occupational accident allowance, with allowance level in 4/2011 is 436,671 VND/month.

The monthly allowance level for Mr.G’s occupational accident from 5/2011 is adjusted as follows:

436,671 VND/month x 1.137 = 496,495 VND/month

b) For people with occupational accident or occupational disease were completely treated and left hospital or the conclusion of the Council of Medical Examination (for the case of outpatient treatment) within the period from May 01, 2010 to April 30, 2011 that have not been solved their allowance regime of labor accidents and occupational diseases, it is still calculated by the common minimum wage level at the month of leaving the hospital or the conclusion of the Council of Medical Examination; from May 01, 2011, the allowance level of these persons are adjusted under the provisions of point a of this clause.

c) For people with occupational accidents and occupational diseases who are being enjoyed service allowance, from May 01, 2011, the monthly service allowance level is calculated according to the general minimum wage level as 830,000 VND/month.

3. For people enjoyed monthly death grant prescribed in clause 5 of Article 1 of this Circular, the allowance level is adjusted as follows:

a) Death grant level for connected person being enjoyed monthly death grant from May 01, 2011 is calculated at common minimum wage as 830,000 VND/month.

Example 6: Mr. H, are being enjoyed death grant for connected person without direct person to care for with a monthly allowance equal to 70% of the common minimum wage. From May 01, 2011 the monthly allowance level of Mr. H is:

70% x 830,000 VND/month = 581,000 VND/month.

b) For persons who died during the period from May 01, 2010 to April 30, 2011 that their connected persons have not been solved death grant regime, the monthly death grant level of the months before May 01, 2011 is calculated by the common minimum wage level as 730,000 VND/month. From May 01, 2011, the monthly death grant level of the above subjects is adjusted as prescribed at point a of this clause.

4. Persons specified in clause 6 of Article 1 of this Circular that from May 01, 2011 onwards, they are still enjoyed allowance, the allowance level of the remaining enjoyed time shall be calculated according to the common minimum wage as 830,000 VND/month.

5. The military and people’s public security officers who were transferred their sectors and retired due to labor incapacitation and have been enjoyed allowance of transferring sector under the provisions of Article 3 of Decision No.812/TTg December 12, 1995 of the Prime Minister, then from May 01, 2011 the allowances for transferring sector are calculated at the common minimum wage level as 830,000 VND/month.

6. Pensioners who live alone as stipulated in Article 2 of Decision No.812/TTg December 12, 1995 of the Prime Minister, if the pension level is adjusted under clause 1 of this Article less than 1,245,000 VND/month, then from May 01, 2011 it is adjusted by 1,245,000 VND/month.

Article 3. Organization of implementation

1. Ministry of Labour - Invalids and Social Affairs presides over and coordinates with the Ministry of Finance, Ministry of Defense, Public Security to inspect the implementation as stipulated in Decree No.23/2011/ND-CP and Decree No.22/2011/ND-CP and this Circular.

2. People s Committees of provinces and cities directly under the Central Government shall direct the Departments of Labour - Invalids and Social Affairs and related function agencies to inspect and urge the implementation of the provisions of this Circular.

3. Vietnam Social Insurance is responsible for implementing the adjustment of pensions and social insurance allowances and monthly allowances as prescribed in Decree No.23/2011/ND-CP and Decree No.22/2011 / ND-CP and the guidance in this Circular; making reports in the form attached to this Circular and send to the Ministry of Labour - Invalids and Social Affairs and Ministry of Finance before June 15, 2011.

Article 4. Effect

This Circular takes effect 45 days from the date of signing; the regimes prescribed in this Circular shall be implemented as from May 01, 2011.

During the course of implementation if any problems arise, the concerned bodies should reflect to the Ministry of Labour - Invalids and Social Affairs for study and settlement./.

SUMMARY TABLE

OF NUMBER OF SUBJECTS ENJOYED SOCIAL INSURANCE AND TOTAL ADDITIONAL FUNDS
(Together with Circular No.13/2011/TT-BLDTBXH dated April 27, 2011 of Ministry of Labor – Invalids and Social Affairs)