Circular No. 23/2020/TT-BLDTBXH on the adjustment levels for wages and monthly income already paid into social insurance

CIRCULAR

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

Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, 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 some 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 some provisions of the Social Insurance Law on voluntary social insurance (hereinafter referred to as Decree No. 134/2015/NĐ-CP);

3. Workers without original records showing working time in the state sector before January 1, 1995, as stipulated in point b Clause 3 Article 2 of Decree No. 89/2020/NĐ-CP dated August 4, 2020 of the Government stipulating the functions, tasks, powers, and organizational structure of the Vietnam Social Security.

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, 2021 to December 31, 2021.

b) Workers contributing to social insurance under the salary system determined by the employer, receiving retirement pensions, one-time allowances upon retirement, one-time social insurance benefits or dying with their dependents receiving one-time pension benefits during the period from January 1, 2021 to December 31, 2021.

2. The object regulated for income adjustment of the month already contributed to social insurance as stipulated in Clause 2, Article 4 of Decree No. 134/2015/NĐ-CP is those voluntarily participating in social insurance who receive retirement pensions, one-time allowances upon retirement, one-time social insurance benefits or dying with their dependents receiving one-time pension benefits during the period from January 1, 2021 to December 31, 2021.

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.

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

Table 1:

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

Table 2:

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

Table 2: 

2. For workers having both periods of mandatory social insurance contributions and periods of voluntary social insurance contributions, the monthly income already contributed to voluntary social insurance shall be adjusted according to the provisions of Clause 1 of this Article; the monthly salary already contributed to 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 contributed to 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.

Article 4. Implementation provisions

1. This Circular takes effect from February 15, 2021; the provisions of this Circular shall apply from January 1, 2021.

2. Circular No. 35/2019/TT-BLDTBXH dated December 30, 2019 of the Minister of Labor, Invalids and Social Affairs prescribing the adjustment levels of salaries and income of the month already contributed to 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./