The Ministry of Labor, War Invalids and Social Affairs guiding Vietnam Social Insurance to pay pensions

The Ministry of Labor, War Invalids and Social Affairs guiding Vietnam Social Insurance to pay pensions

Specifically, the adjustment of pensions, social insurance benefits, and monthly benefits has been promulgated by the Government and the Ministry of Labor, War Invalids and Social Affairs with relevant legal documents according to their authority, including Decree 42/2023/ND-CP and Circular 06/2023/TT-BLDTBXH.

Accordingly, the regulations in the Decree and Circular will be implemented starting July 1, 2023.

Regarding Official Dispatch No. 2122/BHXH-CSXH dated July 12, 2023 of Vietnam Social Security on payment of pensions, social insurance benefits, and monthly benefits according to Decree 42/2023/ND-CP, the Ministry of Labor, War Invalids and Social Affairs has the following feedback:

Pursuant to the provisions of Clause 1, Article 156 of the Law on Promulgation of Legislative Documents: "In cases where the provisions of legal documents are retroactively effective, those regulations shall apply."

Pursuant to Clause 3, Article 23 of the Law on Social Insurance 2014, the responsibility of the social insurance agency: "Organize the collection and payment of social insurance, unemployment insurance, and health insurance according to the provisions of law."

Therefore, the Ministry of Labor, War Invalids and Social Affairs requests Vietnam Social Insurance to organize the adjustment and payment of pensions, social insurance benefits, and monthly benefits in accordance with the provisions of Decree 42/2023/ND-CP and instructions in Circular 06/2023/TT-BLDTBXH, ensuring timely and full benefits for beneficiaries.

Subjects applying for pension adjustment according to Circular 06/2023/TT-BLDTBXH

Specifically, subjects applying for adjustment of pensions, social insurance benefits, and monthly benefits according to Circular 06/2023/TT-BLDTBXH include:

- Subjects specified in Points a, b, c, h, and i, Clause 1, Article 1 of Decree 42/2023/ND-CP will enjoy pensions, social insurance benefits, and a monthly allowance before July 1, 2023.

- Subjects specified in Points a, b, and c, Clause 1, Article 1 of Decree 42/2023/ND-CP quit their jobs to enjoy pensions, social insurance benefits, and monthly benefits before January 1, 1995 (including those who stopped receiving disability benefits before January 1, 1995, and then continued to receive benefits according to Decision 91/2000/QĐ-TTg and Decision 613/QĐ-TTg), and after making adjustments according to the provisions of Clause 1, Article 2 of Circular 06/2023/TT-BLDTBXH the pension, social insurance allowance, and monthly allowance is less than 3,000,000 VND/month.

More details can be found in Official Dispatch 2664/LDTBXH-BHXH, dated July 13, 2023.

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