Legislation

Legislation
Decree 35/2012 / ND-CP regulating pensions, social insurance and monthly allowances for commune officials who have retired

GOVERMENT
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SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Number: 35/2012 / ND-CP

Hanoi, April 18, 2012

DECREE

ADJUSTING RETIREMENT, BENEFITS OF SOCIAL INSURANCE AND MONTHLY BENEFITS FOR EMPLOYMENT STUDENTS

Pursuant to the Law on Government Organization dated December 25, 2001;

Pursuant to the Labor Code of June 23, 1994; Law amending and supplementing a number of articles of the Labor Code of April 2, 2002; Law amending and supplementing a number of articles of the Labor Code of November 29, 2006 and the Law on Amendment and Supplement to Article 73 of the Labor Code dated April 2, 2007;

Pursuant to the June 29, 2006 Law on Social Insurance;

Pursuant to the National Assembly's Resolution No. 14/2011 / QH13 of November 10, 2011, on the 2012 state budget estimates;

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

The Government issued a decree to adjust pensions, social insurance benefits and monthly allowances for commune officials who have retired,

Chapter 1.

GENERAL RULES

Article 1. Subjects of regulation

This Decree regulates the pension, social insurance allowance and monthly allowance for the following subjects:

1. Officials, civil servants, workers, employees and workers (including those who have voluntary participation in voluntary social insurance, who retire from Nghe An peasants' social insurance fund and switch to Decision Decree No. 41/2009 / QD-TTg of March 16, 2009 of the Prime Minister); Military personnel, people 's policemen and people working on essentials are receiving monthly pensions.

2. Commune, ward and township officials specified 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 enjoying pensions and monthly allowances.

3. Persons who are receiving monthly labor loss allowances according to law provisions; those who are receiving monthly allowances under Decision No. 91/2000 / QD-TTg of August 4, 2000, Decision No. 613 / QD-TTg of May 6, 2010 of the Prime Minister; Rubber workers are receiving monthly benefits.

4. Commune, ward and township officials are receiving monthly allowances under Decision No. 130 / CP of June 20, 1975 of the Government Council and Decision No. 111-HDBT of October 13, 1981 of the Council Minister.

5. Military personnel enjoying monthly allowance according to Decision No. 142/2008 / QD-TTg dated October 27, 2008, Decision No. 38/2010 / QD-TTg of May 6, 2010 of the Prime Minister covered.

6. Public security officers are receiving monthly allowances according to the Prime Minister's Decision No. 53/2010 / QD-TTg of August 20, 2010.

7. Military and public security personnel, people working on basic matters shall enjoy salaries like those of military and public security personnel who are receiving monthly allowances under Decision No. 62/2011 / QD-TTg of November 9, 2011 of the Prime Minister.

Article 2. Time and adjustment level

From May 1, 2012, an additional 26.5% of pension, social insurance allowance and monthly allowance shall be increased for subjects defined in Article 1 of this Decree.

Article 3. Funding for implementation

Funds for adjustment of pensions, social insurance allowances and monthly allowances applicable to subjects defined in Article 1 of this Decree are prescribed as follows:

1. State budget guarantee for: Subjects entitled to social insurance regimes before October 1, 1995; enjoy monthly allowance according to Decision No. 91/2000 / QD-TTg dated August 4, 2000, Decision No. 613 / QD-TTg of May 6, 2010 of the Prime Minister and the subjects specified in Clause 4, Clause 5, Clause 6, Clause 7 Article 1 of this Decree; enjoy pension according to 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 03 April 2012 of the Government.

2. The social insurance fund guarantees that the beneficiaries of social insurance regimes from October 1, 1995 onwards, including those enjoying monthly pensions and allowances under 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. Organization of implementation

  1. The Ministry of Labor, War Invalids and Social Affairs shall guide the adjustment of pensions, social insurance allowances and monthly allowances prescribed in Clauses 1, 2 and 3, Article 1 of the Decree. this.
    2. The Ministry of Home Affairs shall assume the prime responsibility and coordinate with the Ministry of Finance in guiding the adjustment of monthly allowances for subjects defined in Clause 4, Article 1 of this Decree.
    3. The Ministry of Defense shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, guiding the adjustment of monthly allowances for subjects defined in Clause 5, Article 1 and subjects under the Ministry of Defense's settlement responsibilities. in Clause 7, Article 1 of this Decree.
    4. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, guiding the adjustment of monthly allowances for subjects defined in Clause 6, Article 1 and subjects under the Ministry of Public Security's handling responsibilities. in Clause 7, Article 1 of this Decree.
    5. The Ministry of Finance is responsible for ensuring adjustment funding

Recipients:
- Party Central Committee Secretariat;
- Prime Minister, Deputy Prime Ministers;
- Ministries, ministerial-level agencies, agencies under the CP;
- Central Steering Committee for Anti-Corruption;
- People's Councils and People's Committees of provinces and cities under central authority;
- Central Office and Party Committees;
- Office of the President;
- National Council and Committees of the National Assembly;
- Congress office;
- Supreme People's Court;
- People's Procuratorate of the Supreme;
- State Audit;
- National Financial Supervisory Committee;
- Social Policy Bank;
- Vietnam Development Bank;
- Central Committee of Vietnam Fatherland Front;
- Central agencies of unions;
- Government Office: BTCN, PCN, Assistant to TTCP, E-Portal, Departments, Departments, units, Official Gazette;
- Save: Letter, KTTH (5).

TM. GOVERMENT
PRIME MINISTER

 

Nguyen Tan Dung

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