Circular No. 04/2010/TT-BLDTBXH stipulates the adjustment levels for salaries, wages, and monthly income already paid into social insurance.

CIRCULAR

Regulations on the adjustment level of wages and salaries

 and monthly income already contributed to social insurance

___________

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

Pursuant to Decree No. 134/2008/NĐ-CP dated December 31, 2008 of the Government adjusting monthly income already contributed to social insurance for workers participating in voluntary social insurance (hereinafter referred to as Decree No. 134/2008/NĐ-CP);

After reaching consensus with the Ministry of Finance, the Ministry of Labor - Invalids and Social Affairs stipulates the adjustment level of wages and salaries already contributed to social insurance for workers implementing wage systems determined by employers and the adjustment level of monthly income already contributed to social insurance for workers participating in voluntary social insurance as follows:

Article 1. Scope of application

1. The subjects subject to adjustment of wages and salaries already contributed to social insurance as prescribed in Article 2 of Decree No. 83/2008/NĐ-CP are workers who are participating in social insurance or preserving time for social insurance participation, having time contributing to social insurance under the wage system determined by employers, and receiving retirement pensions, lump-sum allowances upon retirement, one-time social insurance benefits, or death benefits for dependents, from January 1, 2010 to December 31, 2010.

2. The subjects subject to adjustment of monthly income already contributed to social insurance as prescribed in Article 2 of Decree No. 134/2008/NĐ-CP are workers participating in voluntary social insurance and receiving retirement pensions, lump-sum allowances upon retirement, one-time social insurance benefits, or death benefits for dependents, from January 1, 2010 to December 31, 2010.

Article 2. Adjustment of salary and wages already contributed to social insurance

1. Monthly wages and salaries already contributed to 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 of monthly salary and wages already contributed to social insurance of the corresponding year shall be implemented according to Table 1 below:

Table 1:

2. For workers who have both time contributing to social insurance under the state-prescribed wage system and time contributing to social insurance under the wage system determined by employers, the monthly wages and salaries already contributed to social insurance under the wage system determined by employers shall be adjusted according to the provisions of Clause 1 of this Article. The average monthly wages and salaries already contributed to social insurance serving as the basis for calculating retirement pensions, lump-sum allowances upon retirement, one-time social insurance benefits, and death benefits for dependents shall be calculated according to the provisions of Article 31 of Decree No. 152/2006/NĐ-CP dated December 22, 2006 of the Government guiding certain provisions of the Law on Social Insurance regarding mandatory social insurance and Article 34 of Decree No. 68/2007/NĐ-CP dated April 19, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on Social Insurance regarding mandatory social insurance for military personnel, public security officers, and civil servants enjoying the same salary as military personnel and public security officers.

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

1. The monthly income already contributed to social insurance applicable to the subjects prescribed in Clause 2 of Article 1 of this Circular shall be adjusted according to the following formula:

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

2. For workers who have both time contributing to mandatory social insurance and time contributing to voluntary social insurance, the monthly income already contributed to voluntary social insurance shall be adjusted according to the provisions of Clause 1 of this Article. In cases where there is time contributing to social insurance under the wage system determined by employers, the monthly wages and salaries already contributed to social insurance under the wage system determined by employers shall be adjusted according to the provisions of Clause 1 of Article 2 of this Circular. The average monthly income already contributed to voluntary social insurance or the average monthly wages and salaries and monthly income already contributed to social insurance serving as the basis for calculating retirement pensions, lump-sum allowances upon retirement, one-time social insurance benefits, and death benefits for dependents shall be calculated according to the provisions of Articles 16 and 17 of Decree No. 190/2007/NĐ-CP dated December 28, 2007 of the Government guiding certain provisions of the Law on Social Insurance regarding voluntary social insurance.

Article 4. Implementation provisions

1. This Circular takes effect 45 days from the date of signature; the provisions of this Circular apply from January 1, 2010.

2. 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./.