Decree 42/2023/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; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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

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

Pursuant to the National Assembly’s Resolution No. 69/2022/QH15 of November 11, 2022, on the 2023 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 PROVISION

Article 1. Subjects of regulation

1. This Decree adjusts pension, social insurance allowance and monthly allowance levels for people who have been entitled to the pension, social insurance allowance and monthly allowance since before July 1, 2023, including:

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

b/ Commune, ward or township officials specified in the Government’s Decree No. 92/2009/ND-CP of October 22, 2009, on titles and number of, and policies for, officials and civil servants in communes, wards or townships and persons working on a part-time basis in communes, the Government’s Decree No. 34/2019/ND-CP of April 24, 2019, amending and supplementing a number of provisions applicable to commune-level officials and civil servants and persons working on a part-time basis in communes, villages and residential quarters, the Government’s Decree No. 121/2003/ND-CP of October 21, 2003, on regimes and policies for officials and civil servants working in communes, wards and townships, and the Government’s Decree No. 09/1998/ND-CP of January 23, 1998, amending and supplementing the Government’s Decree No. 50/CP of July 26, 1995, on the cost-of-living allowance for commune, ward and township officials entitled to the pension or monthly allowance.

c/ Persons who are entitled to the monthly working capacity loss allowance in accordance with law, persons who are entitled to the monthly allowance under the Prime Minister’s Decision No. 91/2000/QD-TTg of August 4, 2000, providing the allowance for laborers who have passed the working age at the time they become unentitled to the monthly working capacity loss allowance, the Prime Minister’s Decision No. 613/QD-TTg of May 6, 2010, providing the monthly allowance for people who have actually worked for between full 15 and 20 years but are no longer entitled to the working capacity loss allowance; and rubber workers who are entitled to the monthly allowance under the Government Council’s Decision No. 206-CP of May 30, 1979, on policies for workers from newly liberated areas who have been engaged in heavy jobs or those harmful to health and are now laid off for poor health. 

d/ Commune, ward or township officials who are entitled to the monthly allowance under the Government Council’s Decision No. 130-CP of June 20, 1975, supplementing preferential regimes and policies for commune officials, and the Council of Ministers’ Decision No. 111-HDBT of October 13, 1981, amending and supplementing a number of preferential regimes and policies for commune or ward officials.

dd/ Army men who are entitled to the monthly allowance under the Prime Minister’s Decision No. 142/2008/QD-TTg of October 27, 2008, providing entitlements for soldiers who joined in the anti-US resistance war and served in the Army for less than 20 years but have been demobilized and returned to their localities, which was amended and supplemented under the Prime Minister’s Decision No. 38/2010/QD-TTg of May 6, 2010.

e/ Servicemen of the people’s public security forces who are entitled to the monthly allowance under the Prime Minister’s Decision No. 53/2010/QD-TTg of August 20, 2010, providing entitlements for officers and soldiers in the people’s public security forces who joined in the anti-US resistance war and served in the forces for less than 20 years but have been demobilized and returned to their localities.

g/ Army men, servicemen of the people’s public security forces and persons engaged in the cipher work who are salaried like army men and servicemen of the people’s public security forces and currently entitled to the monthly allowance under the Prime Minister’s Decision No. 62/2011/QD-TTg of November 9, 2011, on preferential regimes and policies for people who joined in the national defense war, performed the international duty in Cambodia or helped the Lao People’s Democratic Republic after April 30, 1975, but have been demobilized and returned to their localities.

h/ Persons who are entitled to the monthly occupational accident and disease allowance.

i/ Persons who have been entitled to the monthly survivorship allowance since before January 1, 1995.

2. Persons specified at Points a, b, c, d, dd, e and g, Clause 1 this Article who ceased working and have been entitled to the pension or social insurance allowance or monthly allowance since before January 1, 1995, will be entitled to the pension, social insurance allowance or monthly allowance level of under VND 3 million/month after the pension, social insurance allowance or monthly allowance is adjusted under Clause 1, Article 2 of this Decree.

Article 2. Adjustment time and levels

1. From July 1, 2023:

 a/ The pension, social insurance allowance and monthly allowance will increase by 12.5% compared to those of June 2023, for persons specified in Clause 1, Article 1 of this Decree who have the pension, social insurance allowance or monthly allowance adjusted under the Government’s Decree No. 108/2021/ND-CP of December 7, 2021, on adjustment of pension, social insurance allowance and monthly allowance levels.

b/ The pension, social insurance allowance and monthly allowance will increase by 20.8% compared to those of June 2023 for persons specified in Clause 1, Article 1 of this Decree who have the pension, social insurance allowance or monthly allowance not yet adjusted under the Government’s Decree No. 108/2021/ND-CP of December 7, 2021, on adjustment of pension, social insurance allowance and monthly allowance levels.

2. From July 1, 2023, for persons who are entitled to the pension, social insurance allowance or monthly allowance under Clause 2, Article 1 of this Decree, after the pension, social insurance allowance and monthly allowance are adjusted under Clause 1 of this Article, any current level of under VND 3,000,000/month will increase by VND 300,000/person/month, for those entitled to under VND 2,700,000/month, and increase to VND 3,000,000/person/month, for those entitled to between VND 2,700,000/month and under VND 3,000,000/month.

3. The pension, social insurance allowance and monthly allowance that are adjusted under this Article will serve as a basis for the calculation of adjustment of the pension, social insurance allowance and monthly allowance for subsequent times of adjustment.

Article 3. Funding sources for implementation

Funding sources for adjustment of the pension, social insurance allowance and monthly allowance for persons specified in Article 1 of this Decree shall be provided as follows:

1. The state budget shall pay to persons entitled to social insurance allowance before October 1, 1995; persons entitled to the monthly allowance under the Prime Minister’s Decision No. 91/2000/QD-TTg of August 4, 2000, providing the allowance for laborers who have passed the working at the time they become unentitled to the monthly working capacity loss allowance, the Prime Minister’s Decision No. 613/QD-TTg of May 6, 2010, on the monthly allowance for persons who have actually worked for between full 15 and 20 years but are no longer entitled to the working capacity loss allowance, and persons specified at Points d, dd, e and g, Clause 1, Article 1 of this Decree; and persons entitled to the pension under the Government’s Decree No. 159/2006/ND-CP of December 28, 2006, on the implementation of the retirement regime applicable to demobilized army men who participated in the anti-US resistance war from April 30, 1975 backward and have served in the Army for at least 20 years, Decree No. 11/2011/ND-CP of January 30, 2011, amending and supplementing a number of articles of the Government’s Decree No. 159/2006/ND-CP, and the Government’s Decree No. 23/2012/ND-CP of April 3, 2012, providing a number of entitlements for people who joined in the national defense war, performed the international duty in Cambodia, helped the Lao People’s Democratic Republic after April 30, 1975, and served in the Army or public security forces for full 20 years or more, but have been demobilized or returned to their localities.

2. The social security fund shall pay to persons entitled to the social insurance allowance from October 1, 1995 onward, including also those entitled to the pension and monthly allowance under the Government’s Decree No. 92/2009/ND-CP of October 22, 2009, on titles and number of, and policies for, officials and civil servants working in communes, wards or townships and persons working on a part-time basis in communes, the Government’s Decree No. 34/2019/ND-CP of April 24, 2019, amending and supplementing a number of provisions applicable to commune-level officials and civil servants, and persons working on a part-time basis in communes, villages and residential quarters, the Government’s Decree No. 121/2003/ND-CP of October 21, 2003, on regimes and policies for officials and civil servants working in communes, wards and townships, and the Government’s Decree No. 09/1998/ND-CP of January 23, 1998, amending and supplementing the Government’s Decree No. 50/CP of July 26, 1996, on the cost-of-living allowance for commune, ward and district officials entitled to the pension or monthly allowance.

Article 4. Organization of implementation

1. The Minister of Labor, Invalids and Social Affairs shall provide in detail the adjustment of pension, social insurance allowance and monthly allowance levels for persons specified at Points a, b, c, h and i, Clause 1, Article 1 of this Decree.

2. The Minister of Home Affairs shall provide in detail the adjustment of pension, social insurance allowance and monthly allowance levels for persons specified at Point d, Clause 1, Article 1 of this Decree.

3. The Minister of National Defense shall provide in detail the adjustment of pension, social insurance allowance and monthly allowance levels for persons specified at Point dd, Clause 1, Article 1, and persons under the Ministry of National Defense’s management as specified at Point g, Clause 1, Article 1 of this Decree.

4. The Minister of Public Security shall provide in detail the adjustment of pension, social insurance allowance and monthly allowance levels for persons specified at Point e, Clause 1, Article 1, and persons under the Ministry of Public Security’s management as specified at Point g, Clause 1, Article 1 of this Decree.

5. The Ministry of Finance shall allocate funds for adjustment of pension, social insurance allowance and monthly allowance levels for persons covered by the state budget.

6. The Vietnam Social Security shall provide adjustment levels for and pay the pension, social insurance allowances and monthly allowance to persons specified at Point a, b, c, h and i, Clause 1, Article 1 of this Decree.

7. Provincial-level People’s Committees shall provide adjustment levels for and pay the monthly allowance to persons specified at Point d, dd, e and g, Clause 1, Article 1 of this Decree.

Chapter II

IMPLEMENTATION PROVISIONS

Article 5. Effect

1. This Decree takes effect on August 14, 2023. Provisions of this Decrees shall be implemented from July 1, 2023.

2. The Government’s Decree No. 108/2021/ND-CP of December 7, 2021, on adjustment of pension, social insurance allowance and monthly allowance levels ceases to be effective from the effective date of this Decree.

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
PHAM MINH CHINH