Decree No. 44/2019/ND-CP adjustment of pension, social insurance allowance and monthly allowance levels

DECREE

On adjustment of pension, social insurance allowance and monthly allowance levels^[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 June 25, 2015 Law on Occupational Safety and Hygiene;

Pursuant to the National Assembly’s Resolution No. 70/2018/QH14 of November 9, 2018, on the 2019 state budget estimates;

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

The Government promulgates the Decree on adjustment of pension, social insurance allowance and monthly allowance levels.

Chapter I

GENERAL PROVISIONS

Article 1.Subjects of regulation

This Decree prescribes the adjustment of pension, social insurance allowance and monthly allowance levels for people who are on pension, social insurance allowances and monthly allowances before July 1, 2019, including:

1. Cadres, civil servants, workers, public employees and laborers (including those who have participated in voluntary social insurance, and retired persons transferred from the farmers’ social insurance fund of Nghe An province as prescribed in the Prime Minister’s Decision No. 41/2009/QD-TTg of March 16, 2009), army men, servicemen of the people’s public security forces and persons engaged in the cipher work who are on monthly pension.

2. Commune, ward or township officials prescribed in the Government’s Decree No. 92/2009/ND-CP of October 22, 2009, Decree No. 121/2003/ND-CP of October 21, 2003, and Decree No. 09/1998/ND-CP of January 23, 1998, who are on monthly pension and monthly allowances.

3. Persons who are on monthly working capacity loss allowance in accordance with law, persons who are on monthly allowances under the Prime Minister’s Decision No. 91/2000/QD-TTg of August 4, 2000, and Decision No. 613/QD-TTg of May 6, 2010, and rubber workers who are on monthly allowances.

4. Commune, ward or township officials who are on monthly allowances under the Government Council’s Decision No. 130/CP of June 20, 1975, and the Council of Ministers’ Decision No. 111-HDBT of October 13, 1981.

5. Army men who are on monthly allowances under the Prime Minister’s Decision No. 142/2008/QD-TTg of October 27, 2008, and Decision No. 38/2010/QD-TTg of May 6, 2010.

6. Servicemen of the people’s public security forces who are on monthly allowances under the Prime Minister’s Decision No. 53/2010/QD-TTg of August 20, 2010.

7. Army men, servicemen of the people’s public security forces and persons engaged in the cipher work, salaried like army men and servicemen of the people’s public security forces, and on monthly allowances under the Prime Minister’s Decision No. 62/2011/QD-TTg of November 9, 2011.

8. Persons who are on monthly occupational accident and disease allowances.

Article 2.Adjustment time and level

From July 1, 2019, the pension, social insurance allowance and monthly allowance levels will increase by 7.19% compared to those of June 2019 for people specified in Article 1 of this Decree.

Article 3.Sources for implementation

Sources for adjustment of pension, social insurance allowance and monthly allowance levels for people specified in Article 1 of this Decree shall be provided as follows:

1. The state budget shall pay to those who are on social insurance allowances before October 1, 1995; those who are on monthly allowances under the Prime Minister’s Decision No. 91/2000/QD-TTg of August 4, 2000, and Decision No. 613/QD-TTg of May 6, 2010, those specified in Clauses 4, 5, 6, and 7, Article 1 of this Decree; and those who are on pension under the Government’s Decree No. 159/2006/ND-CP of December 28, 2006, Decree No. 11/2011/ND-CP of January 30, 2011, and Decree No. 23/2012/ND-CP of April 3, 2012.

2. The social security fund shall pay to those who are on social insurance allowances from October 1, 1995 on, including also those who are on pension and monthly allowances under the Government’s Decree No. 92/2009/ND-CP of October 22, 2009, Decree No. 121/2003/ND-CP of October 21, 2003, and Decree No. 09/1998/ND-CP of January 23, 1998.

Article 4.Organization of implementation

1. The Minister of Labor, Invalids and Social Affairs shall guide the adjustment of pension, social insurance allowance and monthly allowance levels for people specified in Clauses 1, 2, 3 and 8, Article 1 of this Decree.

2. The Minister of Home Affairs shall guide the adjustment of monthly allowances for people specified in Clause 4, Article 1 of this Decree.

3. The Minister of National Defense shall guide the adjustment of monthly allowances for people specified in Clause 5, Article 1, and people under the Ministry of National Defense’s responsibility as prescribed in Clause 7, Article 1 of this Decree.

4. The Minister of Public Security shall guide the adjustment of monthly allowances for people specified in Clause 6, Article 1, and people under the Ministry of Public Security’s responsibility as prescribed in Clause 7, Article 1 of this Decree.

5. The Ministry of Finance shall ensure sources for adjustment of pension, social insurance allowance and monthly allowance levels for people covered by the state budget.

6. The Vietnam Social Security shall adjust levels of and pay pension, social insurance allowances and monthly allowances to people specified in Clauses 1, 2, 3 and 8, Article 1 of this Decree.

7. Provincial-level People’s Committees shall adjust levels of and pay monthly allowances to people specified in Clauses 4, 5, 6, and 7, Article 1 of this Decree.

Chapter II

IMPLEMENTATION PROVISIONS

Article 5.Effect

This Decree takes effect on July 1, 2019.

Article 6.Implementation responsibilities

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