Decree
101/2008/ND-CP
Decree 101/2008/ND-CP adjusting pensions, social insurance allowances and monthly allowances for retired commune cadres
Government of Vietnam
The highest administrative (executive) body of the State, accountable to the National Assembly. Headed by the Prime Minister, it implements the Constitution and laws, manages the national economy and public administration, and directs the ministries and provincial People's Committees.
Document Type | Document Number | Recorded status | Date Effective | Issuing Body | Official Source URL |
|---|---|---|---|---|---|
Decree | 101/2008/ND-CP | In effect | 01/10/2008 | Government of Vietnam | https://phapluat.gov.vn/legal-documents/24601 |
Key provisions
Summary
Decree 101/2008/ND-CP, issued by the Government on 12 September 2008, adjusts pensions, social insurance allowances, and monthly allowances, including for commune officials who have retired. It is grounded in the Law on Organization of the Government, the Labour Code and its amendments, and the 2006 Law on Social Insurance. The Decree takes effect from 1 October 2008. Its central provision is a uniform 15 percent increase: from 1 October 2008, pensions, social insurance allowances, and monthly allowances for all covered groups are raised by 15 percent over their existing levels. This single percentage is the direct input for indexing existing benefits under this round of adjustment. The covered groups are defined broadly. They include cadres, civil servants, workers, employees, military and police personnel, and cipher staff drawing monthly pensions; commune-level officials drawing pensions and monthly allowances under Decree 121/2003/ND-CP and Decree 09/1998/ND-CP; recipients of monthly working-capacity-loss allowances, recipients of monthly allowances under Decision 91/2000/QD-TTg, and rubber workers on monthly allowances; and commune officials drawing monthly allowances under Decision 130-CP of 1975 and Decision 111-HDBT of 1981. The Decree also assigns the funding sources for the increase. The State budget covers people who entered the social insurance system before 1 October 1995, recipients of Decision 91/2000 allowances, those drawing pensions under Decree 159/2006/ND-CP, and the commune officials under the 1975 and 1981 decisions. The Social Insurance Fund covers people who entered the social insurance system from 1 October 1995 onward, including those drawing pensions and allowances under Decree 121/2003/ND-CP and Decree 09/1998/ND-CP. Responsibility for implementation is divided: the Ministry of Labour, Invalids and Social Affairs guides the adjustment of pensions and social insurance allowances for the main groups; the Ministry of Home Affairs, with the Ministry of Finance, guides the adjustment for the commune officials under the 1975 and 1981 decisions; the Ministry of Finance ensures budget funding for State-budget-covered beneficiaries; and Vietnam Social Security carries out the adjustment and payment for the main groups. The Decree directs the Ministry of Labour, Invalids and Social Affairs to issue implementing guidance for the main groups, the Ministry of Home Affairs and Ministry of Finance to guide the commune-official allowances, the Ministry of Finance to ensure budget funding, and Vietnam Social Security to perform the adjustment and payment. As a base-level decree, it sets the single 15 percent increase that subsequent ministerial circulars translate into detailed calculation guidance for each benefit type, so for any benefit drawn in this period the indexing step is simply the September 2008 amount multiplied by 1.15. It forms part of a recurring series of annual or near-annual pension and allowance adjustments through which benefit levels are kept aligned with wage and price movements.
Related documents
About this summary
HAPRI LawWatch presents a summary, key provisions and related-document links. This is not the official legal text or legal advice. Check the official source before applying it.
