Thông tư 03/2009/TT-BLDTBXH

CIRCULAR

GUIDING THE IMPLEMENTATION OF WEIGHTING FOR PENSIONERS, PEOPLE RECEIVING LUMP-SUM SOCIAL INSURANCE, LABOR HEALTH LOSS ALLOWANCE AND LABOR ACCIDENT, OCCUPATIONAL DISEASE MONTHLY BENEFITS BY THE DECREE NO.122/2008/ND -CP DATED DECEMBER 04, 2008 THE GOVERNMENT

Pursuant to the Decree No.122/2008/ND-CP dated December 04, 2008 of the Government implementing area allowance for pensioners, people receiving lump-sum social insurance, labor health loss allowance and labor accident, occupational disease monthly benefits (hereinafter referred to as the Decree No.122/2008/ND-CP) The Ministry of Labor, War Invalids and Social Affairs guides the implementation of area allowance for pensioners, people receiving lump-sum social insurance, labor health loss allowance and labor accident, occupational disease monthly benefits as follows:

I. SUBJECTS OF APPLICATION

1. Retired workers who are eligible for pension or lump-sum social insurance from January 01, 2007 onwards, which previously have paid social insurance and included weighting.

2. People receiving pension, allowance for labor heath loss, occupational accident, occupational disease monthly before January 01, 2007 being entitled to area allowances in the places where permanent registration has weighting.

II. REGIME AND CALCULATION METHOD

1. Subjects specified in Clause 1, Section I of this Circular other than pension or lump-sum social insurance as prescribed, are entitled to receive lump-sum allowance corresponding to the time and amount of weighting paid to the social insurance fund.

a) Lump-sum allowance level for pensioners or people receiving lump-sum social insurance is calculated as follows:

In which:

M: lump-sum allowance level for the duration paid social insurance and included weighting;

H_i: weighting coefficient i where employees paid social insurance. Weighting coefficient i with 7 levels are 0.1; 0.2; 0.3; 0.4; 0.5; 0.7 and 1.0 are specified in Appendix of weighting level of the localities, units issued together with the Circular No.11/2005/TTLT-BNV-BLDTBXH-BTC-UBDT dated January 05, 2005 of the Joint Ministries of Home Affairs, of Labor, War Invalids and Social Affairs, of Finance and the Committee of nationalities and Documents on amendment, supplement of the Ministry of Home Affairs;

T_j: the number of months paid social insurance to social insurance fund included weighting of coefficient H_i;

15%: percentage of paying social insurance into retirement and death fund by monthly salaries to pay into social insurance of workers;

L_min: common minimum wage of the month started for receiving pension or lump-sum social insurance.

Example: Mr. A resigned and received lump-sum social insurance in May/2008, previously he has paid social insurance including the following weighting:

Common minimum wage in May/2008 is 540,000 VND.

Lump-sum allowance for Mr A is calculated as follows:

{(0.5 x 24 x 15%) + (0.7 x 24 x 15%)} x 540,000 = 2,332,800 VND

b) Where the employees who are subject to the provisions of Clause 1 of Section 1 of this Circular have a period of time to be non-commissioned officers and soldiers of the People's Army and People’s Public Security to be of enjoying army rank allowance, the level of enjoying lump-sum allowance for the period of paying social insurance included weighting is calculated by the following formula:

In which:

N: Lump-sum allowance level for the time being non-commissioned officers and soldiers of the People's Army, People’s Public Security paying social insurance included weighting;

H_i: weighting coefficient where non-commissioned officers and soldiers of the People's Army and People’s Public Security paid social insurance subject to rank allowance;

T_j: the number of months of paying social insurance into social insurance funds including weighting-coefficient H_i for the period being non-commissioned officers and soldiers of the People's Army and People’s Public Security;

0.4: Private rank allowance coefficient;

L_min: common minimum wage in the month started for pension or lump-sum social insurance.

2. Subjects specified in Clause 2 of Section I of this Circular are enjoyed weighting as follows:

a) Weighting is determined, paid according to the place of permanent residence registration and received pensions, allowances for labor health loss, occupational accidents and occupational diseases monthly and be paid at the same time of paying pensions, allowances for labor health loss, occupational accidents and occupational diseases every month.

b) Weighting level currently enjoyed is defined as follows:

Weighting level prescribed in this point is not adjusted when the common minimum wage changes.

c) In case of change of place of permanent residence registration and receiving pension in the place having weighting, then receiving weighting by the rate corresponding to the weighting coefficient of new place as provided for at Point b of this Clause; if the new place has not got weighting, it is no longer to receive weighting.

III. IMPLEMENTATION

1. The Ministry of Labor, War Invalids and Social Affairs collaborates with the Ministry of Finance, Ministry of Home Affairs, Ministry of Defense, Ministry of Public Security to guide and inspect the implementation in accordance with the provisions of the Decree No.122/2008/ND-CP and this Circular.

2. Vietnam Social Insurance is responsible for the implementation of weighting regime as stipulated in the Decree No.122/2008/ND-CP and the guidance in this Circular.

To pay lump-sum allowance for retired subjects eligible for pensions or lump-sum social insurance from January 01, 2007 onwards but not yet received allowance as prescribed in Clause 1, Section II of this Circular; in case those who retired or left their jobs being enjoyed lump-sum social insurance as mentioned above were dead, lump-sum allowance rate is paid to their relatives as prescribed.

IV. IMPLEMENTATION PROVISIONS

1. This Circular takes effect 45 days after the date of signing for issue; the provisions of this Circular shall be applied from January 01, 2007.

2. The provisions mentioned in this Circular replaces the previous provisions on weighting for pensioners, people receiving labor health loss allowances and allowance for labor accidents and occupational diseases every month.

3. In the course of implementation, if any problem arises, the concerned units report them to the Ministry of Labor, War Invalids and Social Affairs for timely research and settlement.