Decree No. 134/2008/ND-CP adjusts the monthly income already contributed to social insurance for voluntary social insurance participants from 2008, serving as the basis for calculating average income levels. The adjustment level is based on the consumer price index and is implemented annually.
适用范围
Workers participating in voluntary social insurance from January 1, 2008 onwards.
要点
- Workers participating in voluntary social insurance from 2008 have their monthly income already contributed to social insurance adjusted based on the consumer price index.
- The adjustment level for monthly income already contributed to social insurance applies to workers with time contributing to social insurance under the voluntary social insurance scheme.
- If there is time contributing to mandatory social insurance, the monthly salary and wages already contributed to social insurance will be adjusted according to the provisions of Decree No. 83/2008/ND-CP.
- The implementation costs for the adjustment are guaranteed by the social insurance fund.
- The Ministry of Labor, Invalids and Social Affairs guides the implementation of this Decree, annually specifying the specific adjustment level for monthly income already contributed to social insurance.
🌐 本文件的社会影响
- Workers participating in voluntary social insurance will benefit from the adjustment of monthly income already contributed to social insurance.
- This is a support measure aimed at ensuring fairness in the process of calculating average income levels.
❓ 常见问题
From which year do workers participate in voluntary social insurance?
Workers participating in voluntary social insurance from January 1, 2008 onwards.
What index is the adjustment level for monthly income already contributed to social insurance based on?
The adjustment level for monthly income already contributed to social insurance is calculated based on the annual average consumer price index published annually by the General Statistics Office.
If there is time contributing to mandatory social insurance, how will the monthly salary and wages already contributed to social insurance be adjusted?
The monthly salary and wages already contributed to social insurance will be adjusted according to the provisions of Decree No. 83/2008/ND-CP.
Who guarantees the implementation costs for adjusting monthly income already contributed to social insurance?
The implementation costs for adjusting monthly income already contributed to social insurance are guaranteed by the social insurance fund.
When does this Decree take effect?
This Decree takes effect 15 days after its publication in the Official Gazette and is implemented from January 1, 2008.
全文
DECREE
Adjusting the monthly income already contributed to social insurance for
voluntary social insurance participants
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THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Social Insurance Law dated June 29, 2006;
Considering the proposal of the Minister of Labor, Invalids and Social Affairs and the Minister of Finance.
DECREE:
Article 1. Adjusting the monthly income already contributed to social insurance to serve as the basis for calculating the average monthly income contribution to social insurance for workers who have made contributions under the voluntary social insurance scheme.
Article 2. The subjects to which this applies are workers participating in voluntary social insurance from January 1, 2008 onwards, and subsequently receiving pension benefits, lump-sum allowances upon retirement, one-time social insurance benefits, or one-time survivor allowances when they die, according to the provisions of the Social Insurance Law on voluntary social insurance.
Article 3.
1. The level of adjustment for the monthly income already contributed to social insurance applicable to the subjects specified in Article 2 of this Decree shall be calculated based on the annual consumer price index published annually by the General Statistics Office under the Ministry of Planning and Investment, and determined by the following formula:
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The annual consumer price index of the year immediately preceding the year in which the worker receives social insurance, calculated with the base year 2008 at 100% |
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Average annual consumer price index of year t calculated with the base year 2008 as 100% |
Where:
- t is any year during the adjustment period;
- The level of adjustment for the monthly income already contributed to social insurance in year t is rounded to two decimal places and the lowest value is set at one.
2. For the subjects specified in Article 2 of this Decree, if there is a period of mandatory social insurance contributions based on wages determined by the employer, then the monthly wages and salaries already contributed to social insurance shall be adjusted according to the provisions of Clause 1, Article 3 of Decree No. 83/2008/NĐ-CP dated July 31, 2008 of the Government.
Article 4. The funds for implementing the adjustment of the monthly income already contributed to social insurance to serve as the basis for calculating the average monthly income contribution to social insurance for workers specified in Article 2 of this Decree shall be guaranteed by the social insurance fund.
Article 5.
1. The Ministry of Labor, Invalids and Social Affairs shall provide guidance on the implementation of this Decree.
2. Annually, the Ministry of Labor, Invalids and Social Affairs shall specify in detail the level of adjustment for the monthly income already contributed to social insurance for workers who have made contributions under the voluntary social insurance scheme after obtaining the unified opinion of the Ministry of Finance regarding the level of adjustment for the monthly income already contributed to social insurance calculated according to the provisions of Article 3 of this Decree.
3. The Vietnam Social Security shall organize the implementation of the provisions of this Decree.
Article 6.
1. This Decree takes effect 15 days after its publication in the Official Gazette.
2. The provisions of this Decree shall be implemented from January 1, 2008.
Article 7. The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.
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