Who can receive adjustments to amounts of retirement pensions, social insurance allowances and monthly benefits in Vietnam?

Who can receive adjustments to amounts of retirement pensions, social insurance allowances and monthly benefits in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Who can receive adjustments to amounts of retirement pensions, social insurance allowances and monthly benefits in Vietnam? 

According to Clause 1, Article 1 of Decree 108/2021/ND-CP, adjustments to amounts of retirement pensions, social insurance allowances and monthly benefits for the following persons receiving retirement pensions, social insurance allowances and monthly benefits before July 01, 2022 is as follows:

- Cadres, officials, public employees and workers (including those contributing social insurance voluntarily and retired people transferred from Social Insurance Fund of farmers of Nghe An province as prescribed in Decision No. 41/2009/QD-TTg); military personnel, police officers and cipher officers who are receiving monthly retirement pensions.

- Cadres of communes, wards and commune-level towns (hereinafter referred to as “communes”) prescribed in Decree No. 92/2009/ND-CP, and part-time workers at commune level, Decree 34/2019/ND- CP, Decree 121/2003/ND-CP and Decree 09/1998/ND-CP.

- Those who are receiving monthly work-capacity loss allowance as per the law; those who are on monthly benefits as prescribed in Decision 91/2000/QD-TTg and Decision 613/QD-TTg 2010; workers in the rubber-manufacturing industry on monthly benefits as prescribed in the Decision 206-CP 1979.

- Cadres of communes who are on monthly benefits as prescribed in Decision 130/CP and Decision 111-HDBT 1981

- Military personnel who is on monthly benefits as prescribed in Decision 142/2008/QD-TTg (amended in Decision 38/2010/QD-TTg).

- Police officers who are receiving monthly benefits as prescribed in Decision 53/2010/QD-TTg.

- Military personnel, police officers and cipher officers who are receiving the same salaries as the military personnel and police officers on monthly benefits as prescribed in Decision 62/2011/QD-TTg.

The persons above who retired before January 01, 1995 and are receiving retirement pensions, social insurance allowances and monthly benefits after being adjusted as prescribed in Clause 1 Article 2 of Decree 108/2021/ND-CP less than VND 2,500,000/month.

(Clause 2, Article 1 of Decree 108/2021/ND-CP)

2. Time and rate of adjustment to amounts of retirement pensions, social insurance allowances and monthly benefits in Vietnam

According to Article 2 of Decree 108/2021/ND-CP, the time and rate of adjustment to amounts of retirement pensions, social insurance allowances and monthly benefits in Vietnam are as follows:

- As of January 01, 2022, the amount of retirement pensions, social insurance allowances and monthly benefits payable to the persons prescribed in Clause 1 Article 1 of Decree 108/2021/ND-CP increases by 7.4% compared to the amount of December 2021.

- As of January 01, 2022, for the persons specified in Clause 2 Article 1 of Decree 108/2021/ND-CP, the specific adjustment is as follows:

= Those whose retirement pension, social insurance allowance or monthly allowance is VND 2,300,000 or below will receive an additional VND 200,000 each per month,

= Those whose retirement pension, social insurance allowance or monthly allowance is from VND 2,300,000 to less than VND 2,500,000 will receive an retirement pension, social insurance allowance or monthly allowance to make their total VND 2,500,000 each per month.

- The amount of retirement pensions, social insurance allowances and monthly benefits adjusted as prescribed in this Article shall serve as the basis for the next adjustments to the retirement pensions, social insurance allowances and monthly benefits.

3. Funding sources for adjustments to amounts of retirement pensions, social insurance allowances and monthly benefits in Vietnam

Funding sources for adjustments to amounts of retirement pensions, social insurance allowances and monthly benefits specified in Section 1 are as follows:

- The state budget pays the retirement pensions, social insurance benefits and monthly benefits to the beneficiaries of social insurance before October 1, 1995;

+ Those who are on monthly allowances according to Decision 91/2000/QD-TTg, Decision No. 613/QD-TTg in 2010 and the subjects specified at point d, point dd, point e and g, Clause 1, Article 1 of Decree 108/2021/ND-CP;

+ Those who are on retirement pensions prescribed in Decree 159/2006/ND-CP, Decree 11/2011/ND-CP and Decree 23/2012/ND-CP.

-  The Social Insurance Fund pays the retirement pensions, social insurance benefits and monthly benefits to the beneficiaries of social insurance from October 1, 1995 onwards, including those who are on retirement pensions and monthly allowances as prescribed in Decree 92/2009 /ND-CP, Decree 34/2019/ND-CP, Decree 121/2003/ND-CP and Decree 09/1998/ND-CP.

(Article 3 of Decree 108/2021/ND-CP)

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