Thông tư 37/2021/TT-BLĐTBXH điều chỉnh lương hưu, trợ cấp BHXH, thời điểm hưởng lương hưu đối với TH không còn hồ sơ gốc

CIRCULAR

Guiding the adjustment of pension, social insurance allowance and monthly allowance, the time to enjoy pension for cases without original dossiers

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Pursuant to the Government’s Decree No. 14/2017/ND-CP dated February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to the Government’s Decree No. 108/2021/ND-CP dated December 07, 2021, prescribing the adjustment of pension, social insurance allowance and monthly allowance (hereinafter referred to as the Decree No. 108/2021/ND-CP);

Pursuant to the Government’s Decree No. 89/2020/ND-CP dated August 04, 2020, defining the functions, tasks, powers and organizational structure of Vietnam Social Security.

Pursuant to the Government’s Decree No. 115/2015/ND-CP dated November 11, 2015, detailing a number of articles of the Law on Social Insurance on compulsory social insurance;

At the request of the Director of the Department of Social Insurance;

The Minister of Labor, Invalids and Social Affairs promulgates the Circular guiding the adjustment of pension, social insurance allowance and monthly allowance, the time to enjoy pension for cases without original dossiers.
 

Article 1. Subjects of application

1. The subjects specified at Points a, b and c, Clause 1, Article 1 of the Decree No. 108/2021/ND-CP that receive pensions, social insurance allowances and monthly allowances before January 01, 2022.

2. The subjects specified at Points a and c, Clause 1, Article 1 of the Decree No. 108/2021/ND-CP who have retired and received social insurance allowance and monthly allowance before January 01, 1995 (including persons who have retired and received monthly working capacity loss allowance before January 1, 1995, and then continue to enjoy the allowance 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 enjoyment 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 and the time limit for receiving working capacity loss allowance has expired), and have the pensions, social insurance allowances and monthly allowances of less than VND 2,500,000/month after they are adjusted as prescribed in Clause 1, Article 2 of this Circular.

3. Employees who no longer have original documents showing their working periods in the state sector before January 01, 1995 as prescribed at Point b, Clause 3, Article 2 of the Government’s Decree No. 89/2020/ND-CP dated August 04, 2020, defining the functions, tasks, powers and organizational structure of Vietnam Social Security.

Article 2. Adjustment of pension, social insurance allowance and monthly allowance

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

2. From January 01, 2022, the amount of pensions, social insurance allowances and monthly allowances payable to the subjects prescribed in Clause 2, Article 1 of this Circular shall be adjusted as follows:

a) For persons who are receiving a pension, social insurance allowance or monthly allowance of VND 2,300,000/person/month or fewer:

b)  For persons who are receiving a pension, social insurance allowance or monthly allowance of from over VND 2,300,000/person/month to under VND 2,500,000/person/month:

Article 3. To amend Clause 17, Article 1 of the Circular No. 06/2021/TT-BLDTBXH dated July 07, 2021 of the Minister of Labor, Invalids and Social Affairs amending and supplementing a number of articles of the Circular No. 59/2015/TT-BLDTBXH dated December 29, 2015 of the Minister of Labor, Invalids and Social Affairs detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance

“17. The time to enjoy pension for cases without original dossiers prescribed at Point b, Clause 3, Article 2 of the Government’s Decree No. 89/2020/ND-CP dated August 04, 2020, defining the functions, tasks, powers and organizational structure of Vietnam Social Security is the time recorded in the written settlement of the Vietnam Social Security.”

Article 4. Organization of implementation

1. People’s Committees of provinces and centrally run cities shall be responsible for directing the Departments of Labor, Invalids and Social Affairs and related functional agencies to disseminate, inspect and urge the implementation of regulations on adjustment of pension, social insurance allowance and monthly allowance in this Circular.

2. Vietnam Social Insurance shall implement adjustment of pension, social insurance allowance and monthly allowance prescribed in the Decree No. 108/2021/ND-CP and guidance in this Circular; make report according to the form attached to this Circular and send it to the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance before June 30, 2022.

Article 5. Effect

1. This Circular takes effect on March 15, 2022. The provisions of Article 2 of this Circular shall be implemented from January 01, 2022.

2. The Circular No. 10/2019/TT-BLDTBXH dated June 28, 2019 of the Minister of Labor, Invalids and Social Affairs, guiding the amendment of pension, social insurance allowance and monthly allowance to the subjects prescribed in Clauses 1, 2, 3 and 8, Article 1 of the Government’s Decree No. 44/2019/ND-CP dated May 20, 2019 ceases to be effective from the effective date of this Circular.

Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Labor, Invalids and Social Affairs for prompt study and settlement./.

The Minister

Dao Ngoc Dung