Circular No. 01/2023/TT-BLDTBXH on the adjustment rate for salaries and monthly income already paid social insurance contributions

CIRCULAR

Regulations on the adjustment level of salary
and monthly income already contributed to social insurance

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Based on Decree No. 62/2022/NĐ-CP dated September 12, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 115/2015/NĐ-CP dated November 11, 2015 of the Government detailing certain provisions of the Social Insurance Law on mandatory social insurance (hereinafter referred to as Decree No. 115/2015/NĐ-CP);

Pursuant to Decree No. 134/2015/NĐ-CP dated December 29, 2015 of the Government detailing certain provisions of the Social Insurance Law on voluntary social insurance (hereinafter referred to as Decree No. 134/2015/NĐ-CP);

At the proposal of the Director of the Social Insurance Department,

The Minister of Labor, Invalids and Social Affairs issues this Circular stipulating the adjustment rate for monthly salary and income already paid for social insurance;ia) Workers subject to state-regulated salary systems who start participating in social insurance from January 1, 2016 onwards, receiving one-time social insurance benefits or deceased with their dependents receiving one-time pension benefits during the period from January 1, 2023 to December 31, 2023.From 100 million VND to less than 300 million VNDb) Workers paying social insurance under the salary system determined by the employer, receiving retirement pensions, one-time allowances upon retirement, one-time social insurance benefits or deceased with their dependents receiving one-time pension benefits during the period from January 1, 2023 to December 31, 2023.

Article 1. Scope of application

1. The subjects whose salaries already contributed to social insurance are adjusted according to the provisions of Clause 1 and Clause 2, Article 10 of Decree No. 115/2015/ND-CP include:

2. The subjects whose monthly income already paid for social insurance is adjusted according to the provisions of Clause 2, Article 4 of Decree No. 134/2015/NĐ-CP are voluntary social insurance participants receiving retirement pensions, one-time allowances upon retirement, one-time social insurance benefits or deceased with their dependents receiving one-time pension benefits during the period from January 1, 2023 to December 31, 2023.

1. The monthly salary already paid for social insurance for the subjects specified in Clause 1, Article 1 of this Circular shall be adjusted according to the following formula:

  In which, the adjustment rate for the monthly salary already paid for social insurance of the corresponding year shall be implemented according to Table 1 below:

Article 2. Adjustment of monthly salary already contributed to social insurance

 2. For workers having both periods of mandatory social insurance under the state-regulated salary system and periods of social insurance under the salary system determined by the employer, the monthly salary for social insurance for workers starting to participate in social insurance under the state-regulated salary system from January 1, 2016 onwards and the monthly salary already paid for social insurance under the salary system determined by the employer shall be adjusted according to the provisions of Clause 1 of this Article.

1. The monthly income already paid for social insurance for the subjects specified in Clause 2, Article 1 of this Circular shall be adjusted according to the following formula:

Table 1:

  In which, the adjustment rate for the monthly income already paid for social insurance of the corresponding year shall be implemented according to Table 2 below:

Article 3. Adjustment of monthly income already contributed to social insurance

Table 2:

2. For workers having both periods of mandatory social insurance and periods of voluntary social insurance, the monthly income already paid for voluntary social insurance shall be adjusted according to the provisions of Clause 1 of this Article; the monthly salary already paid for mandatory social insurance shall be adjusted according to the provisions of Article 10 of Decree No. 115/2015/NĐ-CP and Article 2 of this Circular. The average monthly salary and income already paid for social insurance serving as the basis for calculating retirement pensions, one-time allowances upon retirement, one-time social insurance benefits, and one-time pension benefits shall be calculated according to the provisions of Clause 4, Article 11 of Decree No. 115/2015/NĐ-CP and Clause 4, Article 5 of Decree No. 134/2015/NĐ-CP.

1. This Circular takes effect from February 20, 2023; the provisions of this Circular shall apply from January 1, 2023.

2. Circular No. 36/2021/TT-BLDTBXH dated December 31, 2021 of the Minister of Labor, Invalids and Social Affairs stipulating the adjustment rate for monthly salary and income already paid for social insurance shall cease to be effective from the date this Circular takes effect.

Article 4. Implementation provisions

1. This Circular takes effect from February 20, 2023; the provisions of this Circular shall apply from January 1, 2023.

2. Circular No. 36/2021/TT-BLDTBXH dated December 31, 2021, issued by the Minister of Labor, War Invalids and Social Affairs, regarding the adjustment level of wages and monthly income already contributed to social insurance, ceases to be effective from the date this Circular takes effect.

3. During the implementation process, if there are any difficulties, please report to the Ministry of Labor, Invalids and Social Affairs for timely research and resolution./.