Circular No. 35/2018/TT-BLDTBXH on the level of adjustment for wages and monthly income already contributed to 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;

Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government detailing some provisions of the Social Insurance Law on social insurance social insurance mandatory social insurance (hereinafter referred to as Decree No. 115/2015/ND-CP );

Decree No. 134/2015/ND-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. 115/2015/ND-CP );

At the proposal of the Director of the Social Insurance Department,

The Minister of Labor - Invalids and Social Affairs issues this Circular regulating adjustments to wages and income already paid for social insurance.

Article 1. Scope of Application

1. The scope of adjustment of wages already paid for social insurance risk as stipulated in Account 1 and Account 2 of Article 10 of Decree No. 115/2015/ND-CP including:

a) Workers belonging to the category implementing the state-prescribed wage system who start participating in social insurance from January 1, 2016 onwards, suffering a single social insurance incident or death, with dependents receiving a single pension support during the period from January 1, 2019 to December 31, 2019.

b) Workers paying social insurance according to the employer's wage system, receiving retirement pay, single support upon retirement, single social insurance, or death, with dependents receiving a single pension support during the period from January 1, 2019 to December 31, 2019.

2. The scope of adjustment of monthly income already paid for social insurance risk as stipulated at Section 2 of Article 4 of Decree No. 134/2015/ND-CP is a person participating in voluntary social insurance, receiving retirement pay, single support upon retirement, single social insurance, or death, with dependents receiving a single pension support during the period from January 1, 2019 to December 31, 2019.

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

1. The wages already paid for social insurance of the subjects specified in Account 1 of Article 1 of this Circular shall be adjusted according to the following formula:

In which, the adjustment of wages for social insurance risk of the corresponding year has been implemented according to Table 1 below:

2. For workers who have both periods of mandatory social insurance under the state-prescribed wage system and periods of social insurance under the employer's wage system, the monthly wages paid for social insurance for workers starting social insurance under the state-prescribed wage system from January 1, 2016 onwards and the monthly wages paid for social insurance under the employer's wage system shall be adjusted according to the provisions of Section 1 of this Article.

Article 3. Adjustment of Income Already Paid for Social Insurance

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

2. For workers who have both periods of mandatory social insurance and periods of voluntary social insurance, the monthly income already paid for voluntary social insurance shall be adjusted according to the provisions of Account 1 of this Article, and the monthly wages already paid for mandatory social insurance shall be adjusted according to the provisions of Article 10 of Decree No. 115/2015/ND-CP and Article 2 of this Circular. The average monthly wage and income already paid for social insurance serving as the basis for calculating retirement pay, single support upon retirement, single social insurance, and single pension support shall be calculated according to the provisions of Clause 4 of Article 11 of Decree No. 115/2015/ND-CP and Clause 4 of Article 5 of Decree No. 134/2015/ND-CP.

Article 4. Provisions on Implementation

1. This Circular takes effect from February 15, 2019; the provisions herein shall be applied from January 1, 2019.

2. In case issues arise during implementation, they should be reported to the Ministry of Labor, Invalids and Social Affairs for timely research and resolution./.