Circular No. 20/2023/TT-BLDTBXH on the adjustment levels for salaries and monthly income already paid into social insurance

CIRCULAR

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

^{___________________________}

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 regulating the adjustment level of salary and monthly income already contributed to social insurance.

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:

a) Workers subject to the salary system prescribed by the State who begin participating in social insurance from January 1, 2016 onwards, receiving one-time social insurance benefits or dying with their dependents receiving one-time pension benefits during the period from January 1, 2024 to December 31, 2024.

b) Workers contributing to social insurance under the salary system determined by the employer, receiving retirement pensions, one-time benefits upon retirement, one-time social insurance benefits, or dying with their dependents receiving one-time pension benefits during the period from January 1, 2024 to December 31, 2024.

2. The subjects regulated for the monthly income already contributed to social insurance as stipulated in Clause 2, Article 4 of Decree No. 134/2015/NĐ-CP are voluntary social insurance participants receiving retirement pensions, one-time benefits upon retirement, one-time social insurance benefits, or dying with their dependents receiving one-time pension benefits during the period from January 1, 2024 to December 31, 2024.

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

1. The monthly salary 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 level of wages already paid for social insurance of the corresponding year shall be implemented according to Table 1 below:

2. For workers who have both periods of mandatory social insurance contributions under the salary system prescribed by the State and periods of social insurance contributions under the salary system determined by the employer, the monthly wage for social insurance contributions for workers starting to participate in mandatory social insurance under the salary system prescribed by the State from January 1, 2016 onwards and the monthly wages 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.

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

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

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

2. For workers who have both periods of mandatory social insurance contributions and periods of voluntary social insurance contributions, the monthly income already paid for voluntary social insurance contributions shall be adjusted according to the provisions of Clause 1 of this Article; the monthly wages already paid for mandatory social insurance contributions 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 wage and monthly income already paid for social insurance used as the basis for calculating retirement pensions, one-time benefits 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.

Article 4. Implementation provisions

1. This Circular takes effect from February 15, 2024; the provisions of this Circular shall apply from January 1, 2024.

2. Circular No. 01/2023/TT-BLDTBXH dated January 3, 2023 of the Minister of Labor, Invalids and Social Affairs prescribing the adjustment levels of wages and monthly income already paid for social insurance shall cease 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./.