| THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS ---------- | SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------- |
| No.: 13/2011/TT-BLDTBXH | Hanoi, April 27, 2011 |
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 guides adjustment 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:
| Pensions level, monthly allowances from 01/5/2011 | = | Pensions level, monthly allowances 4/2011 | x | 1.137 |
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:
| The monthly allowance for labor accident or occupational disease from 01/5/2011 | = | The allowance for labor accident or occupational disease in 4/2011 | x | 1.137 |
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.
