Circular No. 01/2009/TT-BLDTBXH stipulates the adjustment rate for wages and salaries already paid into social insurance for workers implementing wage systems determined by employers according to Clause 2, Article 5 of Government Decree No. 83/2008/NĐ-CP dated July 31, 2008.

CIRCULAR

Regulations on the adjustment level of wages and salaries already paid for social insurance for workers implementing wage systems decided by employers according to Clause 2, Article 5 of Decree No. 83/2008/ND-CP dated July 31, 2008 of the Government.

 implementing wage systems decided by employers according to Clause 2, Article 5

 of Decree No. 83/2008/ND-CP dated July 31, 2008 of the Government

Pursuant to Decree No. 83/2008/ND-CP dated July 31, 2008 of the Government adjusting wages and salaries already paid for social insurance for workers implementing wage systems decided by employers (hereinafter referred to as Decree No. 83/2008/ND-CP).

After reaching consensus with the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs guides the adjustment of wages and salaries already paid for social insurance for workers implementing wage systems decided by employers as follows:

I. APPLICABLE OBJECTS

The objects subject to the adjustment of wages and salaries already paid for social insurance as stipulated in Article 2 of Decree No. 83/2008/ND-CP are workers participating in social insurance or preserving time for participation in social insurance, having time contributing to social insurance under the wage system decided by employers, from January 1, 2009 onwards, receiving pensions, lump-sum allowances upon retirement, one-time social insurance or being deceased with dependents receiving one-time bereavement allowance.

II. ADJUSTMENT OF WAGES AND SALARIES ALREADY PAID FOR SOCIAL INSURANCE

1. The adjustment level of monthly wages and salaries already paid for social insurance applicable to the objects stipulated in Section I of this Circular is based on the average consumer price index for the year as prescribed in Article 3 of Decree No. 83/2008/ND-CP and is defined as follows:

The adjustment level of wages and salaries already paid for social insurance corresponding to the years of social insurance contribution from before 1995 to 2009 for workers receiving pensions, lump-sum allowances upon retirement, one-time social insurance or being deceased with dependents receiving one-time bereavement allowance from January 1, 2009 to December 31, 2009 shall be implemented according to the table below:

2. Adjustment formula

3. The average monthly wage and salary paid for social insurance serving as the basis for calculating pensions, lump-sum allowances upon retirement, one-time social insurance and one-time bereavement allowance is calculated according to the provisions of Article 31 of the Government's Decree No. 152/2006/ND-CP dated December 22, 2006 guiding some articles of the Social Insurance Law regarding mandatory social insurance and Article 34 of the Government's Decree No. 68/2007/ND-CP dated April 19, 2007 detailing and guiding the implementation of some articles of the Social Insurance Law regarding mandatory social insurance for military personnel, police officers, and civil servants enjoying the same salary as military personnel and police officers, where the monthly wage and salary paid for social insurance under the wage system decided by employers is adjusted according to the provisions of Clause 2, Section II of this Circular.

III. IMPLEMENTATION PROVISIONS

1. This Circular takes effect 45 days from the date of signature; the provisions of this Circular apply from January 1, 2009.

2. In the course of implementation, if there are difficulties, please report to the Ministry of Labor, Invalids and Social Affairs for timely research and resolution./.