Decree No. 153/2018/ND-CP dated November 07, 2018 of the Government prescribing the adjustment of pension for female employees who start to receive pension between 2018 and 2021 and have paid social insurance premiums for from full 20 years to 29 years and 6 months

DECREE

Prescribing the adjustment of pension for female employees who start to receive pension between 2018 and 2021 and have paid social insurance premiums for from full 20 years to 29 years and 6 months^[1]

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

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

Pursuant to the National Assembly’s Resolution No. 64/2018/QH14 of June 15, 2018;

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

The Government promulgates the Decree prescribing the adjustment of pension for female employees who start to receive pension between 2018 and 2021 and have paid social insurance premiums for from full 20 years to 29 years and 6 months.

Article 1.Scope of regulation

This Decree prescribes the adjustment of pension for female employees who start to receive pension between January 1, 2018, and December 31, 2021, and have paid social insurance premiums for from full 20 years to 29 years and 6 months, and suffer more disadvantages than male employees due to the change in the pension calculation method under the 2014 Law on Social Insurance compared to the 2006 Law on Social Insurance.

Article 2.Subjects of application

Female employees who start to receive pension between January 1, 2018, and December 31, 2021, and have paid social insurance premiums for from full 20 years to 29 years and 6 months.

Article 3.Adjustment levels

1. For female employees prescribed in Article 2 of this Decree, depending on the period of social insurance premium payment and the time of starting to receive pension, their pension shall be adjusted to equal the level prescribed in Clause 2, Article 56, or Clause 2, Article 74, of the 2014 Law on Social Insurance, plus the adjustment level prescribed in Clause 2 of this Article.

2. The adjustment level shall be determined by multiplying the pension applicable at the time a female employee starts to receive pension prescribed in Clause 2, Article 56 or Clause 2, Article 74 of the 2014 Law on Social Insurance by the adjustment rate corresponding to the period of social insurance premium payment and the time of starting to receive pension, specifically as follows:

3. The adjusted pension prescribed in Clause 1 of this Article serves as a basis for other pension adjustments prescribed in Article 57 of the Law on Social Insurance.

For female employees prescribed in Article 2 of this Decree, who start to receive pension between January 1, 2018, and June 30, 2018, their pension shall be adjusted under Clause 1 of this Article first, then adjusted under the Government’s Decree No. 88/2018/ND-CP of June 15, 2018, on adjustment of pension and monthly social insurance allowance.

Article 4.Time of adjustment

1. The time of adjustment prescribed in Clause 1, Article 3 of this Decree shall be counted from the month a female employee starts to receive pension.

2. Female employees, who start to receive pension between January 1, 2018, and the date of receiving the adjusted pension under this Decree, are entitled to retrospective payment of the increased difference between the old pension and the adjusted pension under this Decree.

Article 5.Expenses for implementation

Expenses for the adjustment prescribed in Articles 3 and 4 of this Decree shall be covered by the social insurance fund.

Article 6.Effect

This Decree takes effect on December 24, 2018.

Article 7.Implementation responsibility

1. The Vietnam Social Security shall direct provincial-level social insurance agencies, and social insurance agencies of the Ministry of National Defense and Ministry of Public Security to adjust pension under this Decree.

a/ Provincial-level social insurance agencies shall adjust pension prescribed in this Decree for employees under their management, including those who receive pension from January 1, 2018, to the effective date of this Decree under the decisions of the social insurance agencies of the Ministry of National Defense and Ministry of Public Security.

b/ The social insurance agencies of the Ministry of National Defense and Ministry of Public Security shall adjust pension under this Decree for employees under their management who start to receive pension from the effective date of this Decree.

Annually, the Vietnam Social Security shall report to the Prime Minister and the Ministry of Labor, War Invalids and Social Affairs on the implementation of the policies prescribed in this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC