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Decree

34/2009/ND-CP

Recorded status: In effect

Decree 34/2009/ND-CP adjusting pensions, social insurance allowances and monthly allowances for retired commune cadres

Government of Vietnam

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
34/2009/ND-CP
In effect
21/05/2009
Government of Vietnam
https://phapluat.gov.vn/legal-documents/25425

Key provisions

Summary

Decree 34/2009/ND-CP, issued by the Government on 6 April 2009, adjusts pensions, social insurance allowances, and monthly benefits, with reference to commune-level cadres who have left their posts. It applies to a broad set of beneficiaries: officials, civil servants, workers, employees, and military, public security, and cipher personnel receiving monthly pensions; commune, ward, and township cadres receiving pensions and monthly allowances under earlier decrees (121/2003/ND-CP and 09/1998/ND-CP); recipients of monthly working-capacity-loss allowances; recipients of monthly benefits under Decision 91/2000/QD-TTg; rubber workers receiving monthly allowances; commune-level cadres receiving monthly benefits under Decision 130-CP (1975) and Decision 111-HDBT (1981); and demobilised or discharged military personnel receiving monthly benefits under Decision 142/2008/QD-TTg. The central provision is a flat increase: from 1 May 2009, pensions, social insurance allowances, and monthly benefits for the listed beneficiaries are raised by 5 percent of the current amount. This single percentage uplift is the calculation-relevant element, applied to the benefit in payment. The Decree sets out funding responsibilities. The state budget covers beneficiaries who entered the social insurance regime before 1 October 1995, those receiving benefits under Decision 91/2000/QD-TTg, those drawing pensions under Decree 159/2006/ND-CP, and the commune-cadre group under Decision 130-CP and Decision 111-HDBT. The social insurance fund covers those who entered the regime from 1 October 1995 onward, including pensioners and monthly-benefit recipients under Decrees 121/2003/ND-CP and 09/1998/ND-CP. Implementation is divided among ministries: the Ministry of Labour, Invalids and Social Affairs guides adjustments for the main categories; the Ministry of Home Affairs, with the Ministry of Finance, guides adjustments for the commune-cadre group; the Ministry of National Defence, with the Ministry of Finance, guides adjustments for the demobilised military group; the Ministry of Finance ensures budget funding; and Vietnam Social Security carries out the recalculation and payment for the main categories. The Decree takes effect 45 days after signing. For benefit calculations, the operative figure is the uniform 5 percent uplift applied to pensions, social insurance allowances, and monthly benefits in payment, effective from 1 May 2009.

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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.

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