Circular 190/2011/ttlt-Bqp-Bldtbxh-Btc: Modifying, Supplementing Circular No. 69/ttlt-Bqp-Bldtbxh-Btc On April 16, 2007 The Department Of Defense, The Ministry Of Labor, Invalids And Social Affairs, The T. ..

Original Language Title: Thông tư liên tịch 190/2011/TTLT-BQP-BLĐTBXH-BTC: Sửa đổi, bổ sung Thông tư liên tịch số 69/2007/TTLT-BQP-BLĐTBXH-BTC ngày 16 tháng 4 năm 2007 của Bộ Quốc phòng, Bộ Lao động – Thương binh và Xã hội, Bộ T...

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CIRCULAR additional amendments circular No. 69/TTLT-BQP-BLDTBXH-BTC on April 16, 2007 the Department of Defense, the Ministry of labor, invalids and Social Affairs, the Ministry of Finance shall guide the implementation of Decree No. 159/2006/ND-CP dated 28 December 2006 from the Government on the implementation of the pension regime for military personnel directly involved in the war to save the country from April 30, 1975 and earlier had 20 years or more serving military service, discharge _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree 159/2006/ND-CP dated 28 December 2006 from the Government on the implementation of the pension regime for military personnel directly involved in the war to save the country from 30 April 1975 onward have 20 years military service already serving, demobilized (hereinafter referred to as the Decree 158/2006/ND-CP);
Pursuant to Decree No. 11/2010/ND-CP on January 1, 2011 by the Government on the amendments and supplements to some articles of Decree No. 159/2006/ND-CP (hereinafter referred to as the decree number 11/2010/ND-CP);
The Ministry of defence, the Ministry of labor, invalids and Social Affairs, the Ministry of finance revised instructions, additional circular No. 69/TTLT-BQP-BLDTBXH-BTC on April 16, 2007 the Department of Defense, the Ministry of labor, invalids and Social Affairs, the Ministry of Finance shall guide the implementation of Decree No. 159/2006/ND-CP (hereinafter referred to as the circular No. 69/TTLT-BQP-BLDTBXH-BTC) as follows : article 1. Modifying, supplementing a number of circular No. 69/TTLT-BQP-BLDTBXH-BTC as follows: 1. Section I is amended and supplemented as follows: "i. object and conditions 1. The object to apply the soldier enlisted from 30 April 1975 onward have 20 years military service, does not belong in an are enjoying retirement mode, mode d. labour power, the regime soldiers disease every month, in one of the following cases: a) Has served Member , demobilized before 1 April 2000;
b) invalids declined 81% labour capability and over are treated at the Centre for nursing the wounded or from nursing wounded soldiers have on the family before 1 April 2000;
c) military personnel move or switch to defense employees and retrenchment before 1 January 1995; had decided to move the industry before 1 April 2000 but not implemented or military personnel were on local that hasn't solve serving mode, demobilized;
d) serving military personnel, active international cooperation to work or be sent to labor, international cooperation on water is already serving, demobilized before 1 April 2000.
2. The object does not apply to the object specified in clause 1 of this Section does not enjoy the mode specified in Decree No. 159/2006/ND-CP, in one of the following cases: a) desertion, surrender, betrayal, Zhao Hui;
b b) misconduct are Executive sentence; is execution in prison; convicted of one of the crimes of breach of national security that have not been deleted projects;
c) unauthorized or exit being the Court of claims is missing ".
2. Section II paragraph 1 be amended and supplemented as follows: "1. for the calculation of work time to enjoy retirement mode a) actual work time in the army was considered to have social insurance premiums to enjoy retirement regime prescribed in paragraph 1 of article 3 of Decree 159/2006/ND-CP includes time as officers , professional soldier, non-commissioned officers, soldiers, Defense employees (including the work of the people's public security forces, then transferred to the people's army, if any). Working time in the military if there are interruptions shall be carried.
For major cases and retrenchment; or already demobilized, serving for a time and then continue working in agencies, units, organizations outside the military or international cooperation workers, then the remaining members, discharge, retrenchment or badly wounded soldiers are nursing in nursing centers in the industry labor, invalids and Social Affairs time management in addition to the military labor time, international cooperation, nursing time in nursing centers in the industry labor-invalids and social management were not entitled to retirement mode attribute specified in Decree No. 159/2006/ND-CP b) time computer enjoy retirement mode if available, travelers then under 3 months are not counted There, from 3 months to 6 months enough enough by half (1/2) level of social insurance premiums a year, from over 6 months to 12 months is calculated by the level of social insurance premiums a year.
c) for the objects specified in point a, b paragraph 1 section I of this circular was to resolve pension regime as stipulated in Decree No. 159/2006/ND-CP DATED before May 1, 2011, if the actual work time in the army increased (the time is the people's public security defense officials and workers) is to adjust the rate% pension corresponding to the actual work time according to the rules since May 1, 2010.
Example 1a: He, joined the army in March, 1973, to March/1986 move to defense employees, 9/1989 move to military personnel in September 1993 move to defense employees, Mr. Nguyen Van A work break enjoy retrenchment mode from December 1994. As a rule, serving time in the military was entitled to attribute his retirement mode A is: 21 years 9 months (from March 1973 to November/1994).
Example 1b: Mr. Nair B, joined the army in March 1971, to May 9, 1992 moved the industry, Mr. B breaks the work entitled retrenchment mode from December 1994. As a rule, serving time in the military was entitled to attribute his retirement mode B is: 21 years 6 months (from March 1971 to February 9, 1992).
Example 1 c: Mr. Nair C, on public security of the people in March, 1971, to May 3, 1976, switched to the people's army, he served in the fine C team enjoyed serving mode in October 1993. As a rule, the time served the police and army are computer enjoys his retirement mode C is: 22 years 7 months (from March 1971 to September 1993).
Example 1 d: Mr. Nguyen Van D, on public security of the people, 1969 to March 1971 move to people's Army soldier, he D only serve active enjoy serving mode in October 1993. In October 2008 he D have the decision of social insurance Ministry of defence are entitled to a monthly retirement mode according to Decree 159/2006/ND-CP DATED since October 1, 2007, for the calculation of work time enjoy mode is 22 years 7 months (from March 1971 to September 1993), corresponding to the percentage% of the pension entitlement is 61%. As a rule, since January 2010 he D be working time adjustment to enjoy mode is 24 years 5 months (from September 1969 to September 5, 1993), corresponding to the percentage% of pensions are entitled; "
3. Paragraph 3 section II be amended and supplemented as follows: "a) salary, as a base for the calculation of pensions include salary, rank, scales and seniority allowance, allowance for duty (if any) in the last 5 years before serving, discharge, retrenchment, industry transfers; or before transferring to nursing wounded soldiers in the sector of labour, invalids and Social Affairs are converted into salary multiplier, corresponding allowances stipulated in Decree No. 25/CP dated 23 May 1993 of the Government of the temporary regulations of new salary mode of public servants, administrative officer , the industry and the armed forces (the rank Sergeant wage professional, midshipman calculated by coefficients 3.0). The minimum wage as a basis for calculating pensions is the level of 290,000/month.
Example 3: Mr Le Van Kim (outlined in example 1) now enjoy pension monthly mode; wage developments in the last 5 years (60 months) of Mr Kim as follows:-From September 11, 1989 to July 1991 (30) rank of Captain (4.15 coefficient); 20% of seniority; the allowance position of Battalion Commander (coefficient of 0.35).
(4.15 x 1.20 x x copper 290,000 30th) + (290,000 Dong x 0.35 x 30th) = 46,371,000.
-From August 1991 to 01/1994 (30 minutes) to the rank of major (4.80 coefficient); seniority 23%; the allowance position of Battalion Commander (coefficient of 0.35).
(290,000 VND 1.23 x 4.80 x x 30th) + (290,000 Dong x 0.35 x 30th) = 54,409,800.
Salary as a base of his pension calculation is: Metal (copper + copper 54,409,800 46,371,000): 60 months = 1,679,680/month.
How to calculate monthly pensions of Mr. Kim was up to before the 01/10/2004 is: 1,679,680 Council of 1,041,402% = 62 x/month.
b) case of object paid time under 5 years (60 months), then as a base wage calculated pensions are calculated the average of the total number of months paid.
Example 4: Mr. Nguyen Van Hien, b. 1940, enlisted in January, 1958, has for 20 years, 2 months of military service; serving Mar/1978; 5/1974 was promoted midshipman; in May 1976 was promoted to second lieutenant.
How to calculate the salary base is the Gentleness of his pension calculation:-From May 1974 to April 1976 to 24 months; the rank of midshipman, the wage factor 3.0; seniority of 18%.
x 3.0 x 1.18 x copper 290,000 24th = 24,638,400.
-From 5/1976 to February 1978 was 22 months; seniority of 20%.
x 3.20 x 1.20 x copper 290,000 22 = 24,499,200.
The average wage as a base pension calculation is: (24,638,400 + copper 24,499,200 copper): 46th = 1,068,208/month.
c) for the objects moved to defense employees then retrenchment when calculating pensions is done according to the rules in paragraph 7 to article 34 of Decree 66/2007/ND-CP dated 19 April 2007 from the Government detailing and guiding the implementation of some articles of the law on social insurance compulsory social insurance for military personnel public safety, people and people who do the work as paid body for military personnel, of public security of the people.
d) peculiar, the profile of the object just proves the extent of military rank or last salary before serving, discharge, retrenchment, industry transfers shall apply to time hold the rank of Marshal under the provisions of the law officers of the Vietnam people's Army (1981) or the time to hold ranks of salary pursuant to the State to determine the happenings last 5 years salary to do pension calculation base. "
4. Paragraph 4 section II be amended and supplemented as follows: "4. the calculation of the pension

a) object specified in point a, b paragraph 1 section I of this circular apply to adjust as the audience enjoy monthly pension before October 2004 stipulated in Decree No. 208/2004/ND-CP on December 14, 2004 regarding the adjustment of pensions and social insurance subsidies; Decree No. 117/2005/ND-CP dated 15 September 2005 about the adjustment of pensions and social insurance subsidies, Decree No. 118/2005/ND-CP dated 15 September 2005 regarding the adjustment of the general minimum wage; Decree No. 93/2006/ND-CP of June 7, 2006 about the adjustment of pensions, social insurance subsidies and adjusted monthly subsidies for the officer has retired and Decree No. 94/2006/ND-CP on 7 September 2006 by the Government of the general minimum wage adjustment.
b) for objects specified in Points c, d paragraph 1 section I of this circular apply to adjust as the object at point a of this Paragraph and is adjusted according to the provisions of Decree No. 166/2007/ND-CP on November 16, 2007 on the general minimum wage regulations; Decree No. 101/2008/ND-CP on November 12, 2008 about the adjustment of pensions, social insurance subsidies and monthly subsidies for the officer has retired; Decree No. 34/2009/ND-CP on April 6th, 2009 on the adjustment of pensions, social insurance subsidies and monthly subsidies for the officer has retired and Decree No. 29/2010/ND-CP on March 25th, 2010 by the Government on the adjustment of pensions, social insurance subsidies and monthly subsidies for officer has quit (the Panel tuning, Appendix 1 attached circular).
Example 5: the case of Mr. Kim (mentioned in examples 1 and 3), major (4.80 index) the calculation of the level of pensions from October 2004 onwards is as follows:-from October 2004 are adjusted according to the provisions of Decree No. 207/2004/ND-CP adds 10%: 1,041,402/month x 1.10 = 1,145,542/month.
-From October 2005 was adjusted according to the provisions of Decree No. 117/2005/ND-CP increased 8%; The Decree 118/2005/ND-CP increased 20.7% 1,145,542/month x 1.08 = 1,237,185/month;
1,237,185/month x 1.207 = 1,493,283/month.
-From October 2006 onwards are adjusted according to the provisions of Decree No. 93/2006/ND-CP increased by 8%; Decree No. 94/2006/ND-CP increased 28.6%: 1,493,283/month x 1.08 = 1,612,745/month;
1,612,745/month x 1.286 = 2,073,990/month.
-Kim's actual pension is received from the February 1, 2007 is 2,073,990/month.
Example 5a: Kim case (mentioned in example 1; 3 and 5) but the subject is entitled to a monthly retirement regime since May 1, 2010, the calculation of his pension are calculated as follows:-From 01/01/2008 are governed by the provisions of Decree No. 166/2007/ND-CP increased by 20% : 2,073,990/month x 1.20 = 2,488,788/month.
-From October 2008 to be adjusted according to the provisions of Decree No. 101/2008/ND-CP increased 15%: 2,488,788/month x 1.15 = 2,862,106/month.
-From May 2009 was adjusted according to the provisions in Decree No. 34/2009/ND-CP increased 5% 2,862,106/month x 1.05 = 3,005,211/month.
-From May 2010 to be adjusted according to the provisions of Decree No. 29/2010/ND-CP increased 12.3%: 3,005,211/month x 1.123 = 3,374,852/month.
-Kim's actual pension is received from the February 5, 2010 is 3,374,852/month. "
5. Clause 7 section II be amended and supplemented as follows: "7. Object defined in art. 1 Item I of this circular has died before 1 January 2007 and subject to the provisions in Point c, d paragraph 1 section I of this circular has died before 1 January 2011, the one of the subject's relatives (wife or husband , child, adopted child; father, mother or legal carers) to be represented once by mode receive 3,600,000. The object specified in point a, b paragraph 1 section I of this circular from the ceiling from January 2007 and subject to the provisions in Point c, d paragraph 1 section I of this circular from the ceiling from April 1, 2011, not yet entitled to a monthly retirement mode, the relative of the object to be retrieved for the field of pension funds from January 1, 2007 or from January 1st, 2011 to may object from the ceiling. "
6. Clause 1 section III be amended and supplemented as follows: "1. review records entitled the mode a) papers as a base review entitled the mode consists of one or more of the following papers: serving decision, discharge, transfer or switch to defense employees and retrenchment, the decision of the competent agency dispatched workers for international cooperation; military history, biographies of officers and civil servants, employees, or officers history compendium for 63 officers; curriculum vitae of party members; the vote set up serving support Windows, discharge, transfer of the industry; the shared social insurance; the certification decision, invalids and handicapped assistance or a disability profile excerpts (for invalids).
Verification process of the work of the Agency, the old unit before serving, demobilized military personnel, major retrenchment, because the heads from the unit, the regiment and the equivalent or more according to the hierarchy Manager object before serving, demobilized or sent to labor, international cooperation major, or transferred to the national defense staff and retrenchment, signed, stamped, accompanied by a photocopy of the subject's profile or registration list, managed objects that the Agency units are stored as a base to confirm; for the remaining subjects papers, original records in the old unit old units perform again for the object under the provisions of the law on notary, the current certificate. The case Agency, old divisions were merged or disbanded by the Agency, a new unit was established following the merger or the Agency's direct superior, the unit was disbanded, again.
The papers as a base review entitled the aforesaid mode (including the original or a copy of the authorized) must prove to be months, years, discharge, to work for international cooperation; transfer or move to defense employees and retrenchment; determine the actual work time in the army.
b) records review entitled Review profile-mode enjoy monthly pension regime was established of 5 sets, including: + Menu suggestions object (model number 01-NĐ159-11);
+ A or some papers as a base review entitled the mode defined in art. 1 item.
+ Deciding to implement retirement mode of the regional military command, command of the capital (model number 05-NĐ159-11);
+ The suggested levels (model number 04-NĐ159-11) for the districts (districts), of the (City); Model No. 6-NĐ159-11 troop level for the zone, BTL Hanoi capital.
For the case of eligibility prescribed in clause 1 section I of this circular was sentenced to prison, but have finished projects Executive imprisonment, local transfers on that unresolved serving mode, discharge, retrenchment, the addition of the Executive certificate complete sentence in prison (originals or copies) of the competent authority. Subject sentenced to prison before 1 January 1995, the Executive has finished punishment prison transfers on unresolved, local mode, policy, Department of Defense records synthesis, Exchange, unified with the Ministry of labor, invalids and Social Affairs to use solve pension regime as stipulated in Decree No. 159/2006/ND-CP for each specific case.
-Review records entitled one time mode (for the object has died) was established as 4 sets, including: + Menu suggestions relative to the object (model number 02-NĐ159-9);
+ Death certificate; authorization of the relatives (if any) (model number 03-NĐ159-11) for the case have died;
+ A or some papers as a base review entitled the mode defined in art. 1 of this Section;
+ The suggested levels. "
7. points 2.1 clause 2 section III be amended and supplemented as follows: "2.1. For the object in an entitled retirement regime and relatives of the object from applying to the military commanders communes, wards where registration of permanent residence; the number 1 sets, including the papers according to the following rules: a) the object in an entitled retirement mode + application of object 1 (model No. 01-NĐ159-11), a main;
+ A or some papers as a base review entitled the mode defined in art. 1 item (1);
b) relative of the subject has died + recommendation of relatives object 01 (model number 02-NĐ159-11), a main;
+ 1 death certificate (original or copies); 1 authorization of the relatives (if any) (model number 03-NĐ159-11), a main;
+ A or some papers as a base review entitled the mode defined in art. 1 item (1). "
8. Added 2.4 Points a and b 2.4 Point after Point 2.4 clause 2 section III as follows: "a 2.4. With regard to the capital Hanoi as responsibilities for military districts; the political Bureau Director made similar responsibilities to the military command of the province (City).
2.4 b. review time, evaluators in the levels are as follows:-period not exceeding 3 days, from receipt of application rules, Ban military commanders (ward) complete the General Establishment Committee report military command district (County).
-Within a period of no more than 5 working days, from receipt of application by the Board of military commanders (ward) report, the military commander of the district (County) complete the review of the synthesis report, The military commander of the province (City).
-Within a period not exceeding 7 working days, from receipt of application as defined by the Board of the district military command (the County) reports, the military command of the province (City) completed the profile, complete review (retirement pension, 5 1 times 4) military region political Department reports , Command of the capital Hanoi.
-Within a period not exceeding 10 working days, from receipt of valid records enough due to the military command of the province (City) report, the military districts, the capital Hanoi completed the appraisal, completion reports profile the social insurance Department of Defense review, a decision affecting the mode for the object according to the rules. "
9. Point 2.5 Account 2 section III be amended and supplemented as follows: "2.5. Policy Bureau-general political Department

Coordinated with the relevant authorities direct the deployment, check the implementation mode, the policy for the object guide in this circular; coordination to solve the problems, which arise in the process of implementation.
2.5 a. social insurance Ministry of defence-within 30 days from the date of the application under the provisions of the regional military command, command of capital Hanoi moved to social insurance, the Ministry of defence review is complete, a decision affecting retirement mode (model number 07-NĐ159-9) mode (model No. 08-NĐ159-9);
-Access to pay pensions for the object specified in point a, b paragraph 1 section I of this circular from January 01 2007 to August died and funeral expenses regime, electronic dog mode once for the object specified in point a of paragraph 1 section I of this circular if had died during the period from 1 January 2007 to 31 March, 2011;
-Review and pay extra mode level area (if any) for the object prescribed in Decree No. 122/2008/ND-CP on December 4, 2008 by the Government on the implementation of the regional allowances for those who enjoy pensions, social insurance, pension lost labor and workers ' compensation assistance occupational disease, monthly;
-Review records entitled mode and move the record to the bodies, the unit, the object according to the rules ".
Article 2. Effect 1. This circular effect since January 25, 2011.
2. pension regime for the object guide in this circular is made according to the provisions in clause 4 Article 1 of Decree 11/2010/ND-CP. When enjoying retirement monthly mode, the object is not retrieved, filed pension amount serving, discharge, transfer, quit.
3. With regard to the subjects were entitled to subsidized mode once or monthly allowance as defined in decision No 142/2008/QD-TTg on October 27, 2008, decision No. 38/2009/QD-TTg on May 6, 2010 by the Prime Minister on the implementation of the regime for military personnel to join the resistance against the US save the country has under 20 years in army uniform Member, demobilized on local, if now eligible to enjoy retirement mode specified in Decree No. 159/2006/ND-CP, Decree No. 11/2010/ND-CP, the converted pension regimes as prescribed. When enjoy pension monthly mode the object on return the amount of the subsidy received in the State budget; Military command of the province (City) where the collection support object for object support; The Department of labor, invalids and Social Affairs of the province (City) where payment of a monthly allowance regime for the collection object to the monthly allowance. Subjects are entitled to a monthly allowance when the enjoyment of retirement mode then enjoy monthly pension regime as defined in decision No 142/2008/QD-TTg dated since October 1, 2010.
Of proceeds filed about the superior financial agency to the Department of Defense or the Ministry of labour, invalids and Social Affairs to submit to the State budget and settlement with the Ministry of Finance according to the regulations.
4. where the objects have all the time in the work of public security of the people and people's army, the ultimate work units solve serving mode, discharge, retrenchment, moving the industry to resolve pension regime for the object according to the rules.
In the process if there are obstacles, agencies, units, local affiliate report (through policy Bureau, Ministry of defence) to consider and resolve.