Nghị định 44/2019/NĐ-CP về điều chỉnh lương hưu, trợ cấp bảo hiểm xã hội và trợ cấp hàng tháng

DECREE

ADJUSTMENTS RETIREMENT PENSIONS, SOCIAL INSURANCE ALLOWANCES AND MONTHLY BENEFITS 

Pursuant to Law on the Government organization dated June 19 2015;

Pursuant to Law on Social insurance dated November 20 2014;

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

Pursuant to Resolution 70/2018/QH14 dated November 09 2018 of the National Assembly on State budget estimates 2019;

At the proposal of Ministry of Labor, War Invalids and Social Affairs

The Government promulgates a Decree on adjusting retirement pensions, social insurance allowances and monthly benefits.

Chapter I.

GENERAL PROVISIONS

Article 1. Regulated entities

This Decree provides for adjustments to amounts of retirement pensions, social insurance allowances and monthly benefits for the following entities registering before July 1 2019:

1. 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 receiving monthly retirement pensions.

2. Officers of communes, wards and commune-level towns (hereinafter referred to as “communes”) 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 receiving monthly retirement pensions and benefits.

3. Those who are receiving monthly work-capacity loss allowance as per the law; those who are on monthly benefits 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; workers in the rubber-manufacturing industry on monthly benefits.

4. Officers of communes who are on monthly benefits 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 benefits as prescribed in Decision No. 142/2018/QD-TTg dated October 27, 2008, and Decision No. 38/2010/QD-TTg dated May 06, 2010 of the Prime Minister.

6. Police officers who are receiving monthly benefits as prescribed in Decision No. 53/2010/QD-TTg dated August 20, 2010 of the Prime Minister.

7. Soldiers, police, cipher officers who are receiving similar payroll as soldiers, people’s police on monthly benefits as prescribed in Decision No. 62/2011/QD-TTg dated November 09, 2011 of the Prime Minister.

8. Those who are receiving monthly occupational accidents, disease benefits.

Article 2. Time and rate of adjustment

From July 01 2019, the amount of retirement pensions, social insurance allowances and monthly benefits payable to the prescribed in Article 1 of this Decree increase by 7.19% compared to the amount of June 2019.

Article 3. Funding

Funding for adjustments of retirements pensions, social insurance allowances and monthly allowances for the entities prescribed in Article 1 of this Decree shall be provided as follows:

1. State budget pay the pensions, social insurance benefits and monthly benefits to the 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 pay the pensions, social insurance benefits and monthly benefits to the 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

1. The Minister of Labour - 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 shall provide guidelines for adjustment of retirement pensions, social insurance allowances and monthly allowances as prescribed in Clauses 4 Article 1 hereof.

3. The Minister of National Defense shall provide guidelines for adjustment of retirement pensions, social insurance allowances and monthly allowances for entities prescribed in Clause 5 Article 1 hereof and those under the management of the Ministry of National Defense prescribed in Clause 7 Article 1 hereof.

4. The Minister of Public Security shall provide guidelines for adjustment of retirement pensions, social insurance allowances and monthly allowances for entities prescribed in Clause 6 Article 1 hereof and those under the management of the Ministry of Public Security prescribed in Clause 7 Article 1 hereof.

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

6. Vietnam Social Security shall make the adjustments and pay retirement pensions, social insurance allowances and monthly allowances for entities 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 retirement pensions, social insurance allowances and monthly allowances for entities prescribed in Clauses 4, 5, 6 and Clause 7 Article 1 hereof.

Chapter II.

IMPLEMENTATION CLAUSES

Article 5. Entry in force

This Decree takes effect on July 01 2019.

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.

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