Circular No. 42/2016/TT-BLDTBXH stipulates the adjustment rate for monthly wages and income already paid into social insurance.

CIRCULAR

Regulations on the adjustment rate for monthly wages and income already contributed to social insurance

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Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government;Government stipulates functions, tasks, rightsof ministries and ministerial-level agencies BASED ON CIRCULAR NO. 12/2017/TT-BLDTBXH dated April 20, 2017 of the Minister of Labor - Invalids and Social Affairs stipulating the minimum amount of knowledge and requirements for skills that students must achieve upon graduation at the vocational college and higher vocational levelsPursuant to the request of the Director General of the Department of Vocational Education;

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); point one of Điều của Luật Giao thông đường thủy nội địa ngày 17 tháng 6 năm 2014;the Law on Social Insurance regarding mandatory social insurance (hereinafter referred to as Decree No. 115/2015/NĐ-CP); of the Law on Social Insurance regarding voluntary social insurance (hereinafter referred to as Decree No. 134/2015/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);detailed implementation of certain provisions of the Labor Law regarding unemployment insurance to prevent and combat corruption 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, WAR INVALIDS AND SOCIAL AFFAIRS ISSUES THIS CIRCULAR TO SUPPLEMENT PROFESSIONS AND TRADES TO THE LIST OF PROFESSIONS AND TRADES AT THE FOURTH LEVEL WITH A DIPLOMA IN VOCATIONAL COLLEGE AND HIGHER VOCATIONAL COLLEGE ISSUED TOGETHER WITH CIRCULAR NO. 04/2017/TT-BLDTBX ON MARCH 2, 2017, ISSUED BY THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS.The Minister of Labor, Invalids and Social Affairs issues this Circular stipulating the adjustment rate for monthly salary and income already paid for social insurance.

Article 1. Scope of application

1. The subjects whose monthly salary already paid for social insurance shall be adjusted according to Clause 2, Article 10 of Decree No. 115/2015/NĐ-CP are workers who are participating in social insurance or preserving their time of participation in social insurance, with a period of social insurance contributions based on the wage system determined by the employer, receiving pension, lump-sum allowance upon retirement, one-time social insurance or deceased with their dependents receiving a one-time bereavement allowance during the period from January 1, 2017 to December 31, 2017.

2. The subjects whose monthly income already paid for social insurance shall be adjusted according to Clause 2, Article 4 of Decree No. 134/2015/NĐ-CP are those voluntarily participating in social insurance, receiving pension, lump-sum allowance upon retirement, one-time social insurance or deceased with their dependents receiving a one-time bereavement allowance during the period from January 1, 2017 to December 31, 2017.

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 periods of mandatory social insurance contributions under the wage system prescribed by the State and periods of social insurance contributions under the wage system determined by the employer, the monthly salary already paid for social insurance under the wage 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 periods of mandatory social insurance contributions and periods of voluntary social insurance contributions, the monthly income already paid for voluntary social insurance shall be adjusted according to the provisions of Clause 1 of this Article. In cases where there are periods of social insurance contributions under the wage system determined by the employer, the monthly salary already paid for social insurance under the wage system determined by the employer shall be adjusted according to the provisions of Clause 1 of Article 2 of this Circular. The average monthly income already paid for voluntary social insurance or the average monthly salary and income already paid for social insurance serving as the basis for calculating pension, lump-sum allowance upon retirement, one-time social insurance and one-time bereavement allowance 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 11, 2017; the provisions of this Circular shall apply from January 1, 2017.

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./.