Nghị định 76/2017/ND-CP

DECREE

ADJUSTMENTS TO PENSIONS, SOCIAL INSURANCE BENEFITS AND MONTHLY BENEFITS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Social Insurance dated November 20, 2014;

Pursuant to the Law on Occupational Safety and Sanitation dated June 25, 2015;

Pursuant to the National Assembly’s Resolution No. 27/2016/QH14 dated November 11, 2016 on state budget estimates in 2017;

At the request of Minister of Labour, War Invalids and Social Affairs;

The Government promulgates a Decree on adjustments to pensions, social insurance benefits and monthly benefits.

Chapter I

GENERAL PROVISIONS

Article 1. Regulated entities

This Decree provides for adjustment to pensions, social insurance benefits and monthly benefits of the following entities:

1. Officials, public employees and workers (including persons participating in voluntary social insurance, retired persons on monthly benefits transferred from Nghe An Farmers’ Social Insurance Fund under the Prime Minister’s Decision No. 41/2009/QD-TTg dated March 16, 2009); servicemen, the People’s policemen, and cipher officers who are receiving monthly pensions.

2. Officials of communes, wards and commune-level towns who are prescribed in the Government’s Decree No. 92/2009/ND-CP dated October 22, 2009, Decree No. 121/2003/NĐ-CP dated October 21, 2003 and Decree No. 09/1998/NĐ-CP dated January 23, 1998 and are on pensions and monthly benefits.

3. Persons on monthly disability benefits as prescribed by laws; persons on monthly benefits as prescribed in the Prime Minister’s Decision No. 91/2000/QĐ-TTg dated August 04, 2000, Decision No. 613/QĐ-TTg dated May 06, 2010; rubber workers on monthly benefits.

4. Officials of communes, wards and commune-level towns on monthly benefits under regulations in Decision No. 130/CP dated June 20, 1975 of the Cabinet Council and Decision No. 111-HDBT dated October 13, 1981 of the Council of Ministers.

5. Servicemen on monthly benefits under regulations in the Prime Minister’s Decision No. 142/2008/QD-TTg dated October 27, 2008, and Decision No. 38/2010/QD-TTg dated May 06, 2010.

6. People’s policemen on monthly benefits under regulations in the Prime Minister’s Decision No. 53/2010/QD-TTg dated August 20, 2010.

7. Servicemen, the People’s policemen, and cipher officers who are salaried as servicemen and the People’s policemen on monthly benefits under regulations in the Prime Minister’s Decision No. 62/2011/QD-TTg dated November 09, 2011.

8. Persons on monthly occupational accident or occupational disease benefits.

Article 2. Time of application and adjustment rates

The pensions, social insurance benefits and monthly benefits paid in June, 2017 to the entities prescribed in Article 1 herein shall be increased by 7.44% as of July 01, 2017.

Article 3. Sources of funding

Funding for adjustments to pensions, social insurance benefits and monthly benefits paid to entities prescribed in Article 1 herein is stipulated as below:

1. Funding for paying pensions, social insurance benefits and monthly benefits to entities on social insurance benefits before October 01, 1995; entities on monthly benefits as prescribed in the Prime Minister’s Decision No. 91/2000/9QD-TTg dated August 01, 2000, Decision No. 613/QD-TTg dated May 06, 2010 and entities prescribed in Clauses 4, 5, 6 and 7 Article 1 herein; entities on pensions as regulated by the Government’s 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 03, 2012 shall be covered by state budget.

2. Pensions, social insurance benefits and monthly benefits paid to entities on social insurance benefits from October 01, 1995 onwards, including entities on pensions or monthly benefits as prescribed in the Government's 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 shall be covered by the social insurance fund.

Article 4. Implementation

1. Minister of Labour, War Invalids and Social Affairs shall be responsible for instructing the adjustments to pensions, social insurance benefits and monthly benefits in accordance with regulations in Clauses 1, 2, 3 and 8 Article 1 herein.

2. Minister of Home Affairs shall instruct the adjustment to monthly benefits paid to entities prescribed in Clause 4 Article 1 herein.

3. Minister of National Defence shall instruct the adjustment to monthly benefits paid to entities prescribed in Clause 5 Article 1 and other entities under the responsibility of Ministry of National Defence in accordance with regulations in Clause 7 Article 1 herein.

4. Minister of Public Security shall instruct the adjustment to monthly benefits paid to entities prescribed in Clause 6 Article 1 and other entities under the responsibility of Ministry of Public Security in accordance with regulations in Clause 7 Article 1 herein.

5. Ministry of Finance shall be responsible for providing funding for adjustments to pensions, social insurance benefits and monthly benefits of entities which must be covered by state budget by funding from the central-government state budget’s estimate for salary reform and downsizing in 2017 according to decision of the National Assembly.

6. The Social Security Administration of Vietnam shall be responsible for making adjustment and payment of pensions, social insurance benefits and monthly benefits to the entities prescribed in Clauses 1, 2, 3 and 8 Article 1 herein.7. The People’s Committees of provinces of central-affiliated cities shall be responsible for making adjustment and payment of monthly benefits to the entities prescribed in Clauses 4, 5, 6 and 7 Article 1 herein.

Chapter II

IMPLEMENTATION PROVISIONS

Article 5. Entry into force

This Decree shall come into force as from August 15, 2017. Regulations in this Decree shall be implemented as from July 01, 2017.

Article 6. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of the Government’s affiliates, Chairpersons of people’s committees of central-affiliated cities or provinces shall be responsible for implementing this Decree./.