Monthly social insurance pension and land transfer adjustment
- Mr. Dau Trong Thien, hamlet 2, Dai Thanh commune, Yen Thanh asked: In Dai Thanh commune, Yen Thanh, some people who worked after 2007 only received a monthly pension equal to 50% of the minimum wage, while the amount they received before remained unchanged. Why?
Answer: Article 137 of Decree 152/2006/ND-CP guiding the implementation of the Law on Social Insurance states: The monthly allowance for each relative specified in Clause 2, Article 36 (children under 15 years old, wives from 55 years old, biological fathers, biological mothers...) is equal to 50% of the general minimum wage. In case the relative does not have a direct caregiver, the monthly allowance is equal to 70% of the general minimum wage.
Compared with the above regulations, of course, the subjects receiving the pension regime from January 1, 2007 onwards, if meeting the prescribed conditions, will receive 50% or 70% of the minimum wage. In the case of Ms. Nguyen Thi Thuy, Hamlet 2, Dai Thanh Commune, because you did not clearly state whether you are entitled to monthly pension benefits according to Clause 1 or Clause 2, Article 36 of Decree 152 and did not update the current level of benefits (November), we cannot give you an exact answer. The salary adjustment from 292,000 to 332,000 VND/month may not be an adjustment according to other regulations of the State on the minimum wage applied from May 2011. Many agencies and units have not yet made adjustments due to the lack of funds transferred in time, and it will take several months to receive the back pay. We suggest you find out more and guide those who have questions to send a letter. For more information, you can find out at Yen Thanh District Social Insurance or the Provincial Social Insurance Policy Department.
- Mr. Nguyen Ngoc Hanh, Hamlet 5, Hop Thanh Commune, Yen Thanh asked: He has a 209m2 plot of land used since before 1980; the origin is from the State without collecting money; the land is used stably, without disputes and in accordance with the planning. Recently, he has a need to transfer 80m2 and separate the certificate to another person, Mr. Hoang Trung Kien. However, although the area on the papers has been completed, the actual measurement shows that the 80m2 plot of land is 5m2 short, so according to Regulation No. 146/QD-UB.ND of the People's Committee (Article 15), it does not meet the minimum conditions to carry out the procedure for separating the certificate. He would like to ask if the above action of the District Department of Natural Resources and Environment is correct and according to the regulations, is there any way to resolve it?
Answer: Regarding your question, Article 15 of Decision No. 146/2007/QDUB of Nghe An Provincial People's Committee on the issuance of land use right certificates in the area clearly states: The minimum area for dividing residential land plots for urban residential land is 50m2; for rural residential land is 80m2. In your case, on paper, it shows 80m2. However, when measuring in reality, it is 5m2 narrower, so there are procedural problems when the District Department of Natural Resources and Environment does not confirm to separate the certificate for you. Regarding this issue, Clause 2, Article 15 also clearly states: The land plot in use was formed before the effective date of the Decision, if it meets the conditions prescribed in Article 3, it will still be granted a certificate.
Article 3, Clause 1 of the Regulation attached to Decision 146 also states that the conditions for being granted a certificate are having documents on land use rights, being confirmed by the Commune People's Committee that the land is stable, has no disputes, and has fulfilled financial obligations....
Compared with the above regulations, the fact that the District Department of Natural Resources and Environment has not confirmed to carry out the procedures is not wrong, but the measures are still mechanical and rigid, because in his case, the land used before 1980 is stable, without disputes, and in accordance with the planning. Besides, his initial intention was to transfer only 80m2, which is enough to comply with the regulations, but the error due to measurement on paper and in the field led to the above problem. To resolve quickly, he submitted a petition directly to the Chairman of the People's Committee of Yen Thanh district for advice on handling or the final solution is that he redoes the application to adjust 5m2 from his land to the transferred land to meet the actual area.
NH