Circular No. 32/2017/TT-BLDTBXH on the adjustment level of salary and monthly income already paid for social insurance

CIRCULAR

Regulations on the adjustment of salary levels

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);

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 have been adjusted for social insurance contributions as stipulated in Clause 1 and Clause 2, Article 10 of Decree No. 115/2015/NĐ-CP include:

a) Workers who are subject to the state-prescribed salary system and 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, 2018 to December 31, 2018.

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, 2018 to December 31, 2018.

2. The subjects whose monthly income has been adjusted for social insurance contributions as stipulated in Clause 2, Article 4 of Decree No. 134/2015/NĐ-CP are those voluntarily participating in social insurance, 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, 2018 to December 31, 2018.

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

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

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

Table 1:

2. For workers who have both periods of mandatory social insurance contributions under the state-prescribed salary system 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 state-prescribed salary system from January 1, 2016 onwards and the monthly salary already contributed 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 social insurance income for the objects specified in Clause 2, 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:

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

2. For workers who have both periods of mandatory social insurance contributions and periods of voluntary social insurance contributions, the monthly income for voluntary social insurance contributions shall be adjusted according to the provisions of Clause 1 of this Article, and the monthly salary 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 salary and monthly income for social insurance contributions serving 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, 2018; the provisions of this Circular shall apply from January 1, 2018.

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./.