Nghị định 122/2008/ND-CP

DECREE

ON THE IMPLEMENTATION OF WEIGHTING FOR PENSIONERS, PEOPLE ENTITLED LUMP-SUM SOCIAL INSURANCE, MONTHLY ALLOWANCE FOR LABOUR HEATH LOSS AND LABOUR ACCIDENTS, OCCUPATIONAL DISEASES

THE GOVERNMENT

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

Pursuant to Labor Code dated June 23, 1994; the Law Amending and Supplementing a Number of Articles of the Labor Code dated April 02, 2002; the Law Amending and Supplementing a Number of Articles of the Labor Code dated November 29, 2006;

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

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

DECREE

Article 1. Scope of governing

This Decree provides for weighting for pensioners, people entitled lump-sum social insurance, monthly allowance for labor heath loss and labor accidents, occupational diseases.

Article 2. Subjects and scope of application

1. Retired workers who are eligible for pension or entitlement of lump-sum social insurance from January 01, 2007 onwards, which previously have paid social insurance including weighting, then apart from enjoying pension or lump-sum social insurance according to provisions, they are entitled to receive a lump-sum allowance corresponding to the time and amount of weighting that has paid for social insurance.

2. Those who are entitled to receive pensions, monthly allowance for labor heath loss and labor accidents, occupational diseases before January 01, 2007, residing in a place where has weighting shall be entitled to receive weighting by the rate currently being received (not adjusted according to common minimum wage) until the new regulations of the Government are issued.

Article 3. Source of funding for payment for lump-sum allowance to the subjects defined in Article 2 of this Decree as follows:

1. Source of funding for payment for lump-sum allowance to the subjects defined in Clause 1 Article 2 of this Decree is as follows:

a. Lump-sum allowance for the working time at the place where there is weighting before January 01, 1995 is ensured by the State budget;

b. Lump-sum allowance for the working time from January 01, 1995 onwards with paying for social insurance, including weighting is ensured by the social insurance fund.

2. Source of funding for payment for weighting to the subjects defined in Clause 2 Article 2 of this Decree is as follows:

a. Those who are being entitled to receive pensions, monthly allowance for labor heath loss and labor accidents, occupational diseases is paid by the State budget, weighting is ensured by the State budget;

b. Those who are being entitled to receive pensions, monthly allowance for labor heath loss and labor accidents, occupational diseases is paid by the social insurance fund, weighting is ensured by social insurance fund.

Article 4. Effect

1. This Decree takes effect 15 days after its publication in the Official Gazette.

The provisions mentioned in this Decree are made from January 01, 2007.

2. The provisions mentioned in this Decree replace the previous regulations on weighting for pensioners, people enjoying monthly allowance for labor heath loss and labor accidents, occupational diseases.

Article 5. Responsibilities for guiding the implementation

The Ministry of Labor, War Invalids and Social Affairs presides over and coordinates with the relevant ministries and branches to guide the implementation of this Decree.

Article 6. Responsibility for the implementation

The Ministers, heads of ministerial-level agencies, the heads of the Governmental agencies, Presidents of the People's Committees of provinces and cities directly under the Central Government are responsible for the implementation of this Decree.