Decree No. 83/2008/ND-CP adjusts salaries and wages already paid into social insurance to serve as the basis for calculating the average monthly salaries and wages for social insurance contributions for workers implementing salary systems determined by employers. This Decree applies to workers participating in or preserving their time of participation in social insurance from January 1, 2007 onwards.
适用范围
Workers participating in social insurance or preserving their time of participation in social insurance have periods of social insurance contributions under salary systems determined by employers, from January 1, 2007 onwards.
要点
- Workers shall be adjusted for salaries and wages already paid into social insurance based on the average consumer price index of the year.
- The adjustment rate for salaries and wages already paid into social insurance in year t = Average consumer price index of the preceding year before the worker enjoys social insurance / Average consumer price index of year t, rounded to two decimal places and the minimum level being one.
- The costs for implementing adjustments to salaries and wages already paid into social insurance are guaranteed by the social insurance fund.
- The Ministry of Labor, Invalids, and Social Affairs shall guide the implementation of this Decree; annually specify the specific adjustment rates for salaries and wages already paid into social insurance.
- The Vietnam Social Security shall organize the implementation of the provisions of this Decree.
🌐 本文件的社会影响
- Positive impact: Workers have a basis to accurately calculate their retirement pensions and lump-sum benefits upon retirement.
- Negative impact: The adjustment process requires time and effort from all parties involved.
❓ 常见问题
How is the adjustment rate for salaries and wages already paid into social insurance calculated?
The adjustment rate for salaries and wages already paid into social insurance in year t = Average consumer price index of the preceding year before the worker enjoys social insurance / Average consumer price index of year t, rounded to two decimal places and the minimum level being one. (Article 3)
Who guarantees the costs for implementing adjustments to salaries and wages already paid into social insurance?
The costs for implementing adjustments to salaries and wages already paid into social insurance are guaranteed by the social insurance fund. (Article 4)
What responsibilities does the Ministry of Labor, Invalids, and Social Affairs have under this Decree?
The Ministry of Labor, Invalids, and Social Affairs guides the implementation of this Decree; annually specifies the specific adjustment rates for salaries and wages already paid into social insurance. (Article 5)
When does this Decree take effect?
This Decree takes effect 15 days after its publication in the Official Gazette and is implemented from January 1, 2007. (Article 6)
Which workers are subject to this Decree?
Workers participating in social insurance or preserving their time of participation in social insurance who have periods of social insurance contributions under salary systems determined by employers, from January 1, 2007 onwards. (Article 2)
全文
DECREE
Adjusting wages and salaries already paid for social insurance for employees who implement wage systems determined by employers
implementing wage systems determined by employers
_______________________________
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Based on the Labor Code dated June 23, 1994; the Law Amending and Supplementing Certain Articles of the Labor Code dated April 2, 2002; the Law Amending and Supplementing Certain Articles of the Labor Code dated November 29, 2006;
Pursuant to the Social Insurance Law dated June 29, 2006;
Considering the proposal of the Minister of Labor, Invalids and Social Affairs, and the Minister of Finance,
DECREE:
Article 1. Adjusting wages and salaries already paid for social insurance to serve as the basis for calculating the average monthly wage and salary for social insurance contributions for employees with periods of social insurance contributions under wage systems determined by employers.
Article 2. The subjects to which this regulation applies are employees participating in social insurance or preserving their time of participation in social insurance with periods of social insurance contributions under wage systems determined by employers, who have been receiving pensions, lump-sum benefits upon retirement, one-time social insurance benefits, or death benefits for their dependents since January 1, 2007..
Article 3. The level of adjustment for wages and salaries already paid for social insurance applicable to the subjects specified in Article 2 of this Decree shall be stipulated as follows:
1. The level of adjustment for wages and salaries already paid for social insurance shall be calculated based on the annual consumer price index published annually by the General Statistics Office under the Ministry of Planning and Investment and shall be determined by the following formula:
|
The level of adjustment for wages and salaries already paid for social insurance in year t |
= |
The annual consumer price index of the immediately preceding year before the employee receives social insurance benefits, calculated with the base year 1994 at 100% |
|
The annual consumer price index of year t, calculated with the base year 1994 at 100% |
Where:
- t is any year during the adjustment period;
- The level of adjustment for wages and salaries already paid for social insurance in year t shall be rounded to two decimal places and the lowest level shall be one.
2. The level of adjustment for wages and salaries already paid for social insurance for years prior to 1995 shall be uniformly adjusted and equal to the level of adjustment for wages and salaries already paid for social insurance in 1994.
Article 4. The funding for implementing the adjustment of wages and salaries already paid for social insurance to serve as the basis for calculating the average monthly wage and salary for social insurance contributions for employees specified in Article 2 of this Decree shall be guaranteed by the social insurance fund.
Article 5.
1. The Ministry of Labor, Invalids and Social Affairs shall provide guidance on the implementation of this Decree.
2. Annually, the Ministry of Labor, Invalids and Social Affairs shall specify in detail the level of adjustment for wages and salaries already paid for social insurance for employees implementing wage systems determined by employers after obtaining the unified opinion of the Ministry of Finance regarding the level of adjustment for wages and salaries already paid for social insurance calculated based on the provisions of Article 3 of this Decree.
3. The Vietnam Social Security shall organize the implementation of the provisions of this Decree.
Article 6.
1. This Decree shall take effect fifteen days from the date of publication in the Official Gazette
2. The provisions of this Decree shall be implemented from January 1, 2007.
Article 7. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the direct jurisdiction of the central government shall be responsible for implementing this Decree.
PRIME MINISTER
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