Circular No. 58/2015/TT-BLDTBXH dated December 29, 2015 of the Ministry of Labor, War Invalids and Social Affairs guiding the adjustment rate of salaries and monthly incomes for which the social insurance premiums have been paid

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Circular No. 58/2015/TT-BLDTBXH dated December 29, 2015 of the Ministry of Labor, War Invalids and Social Affairs guiding the adjustment rate of salaries and monthly incomes for which the social insurance premiums have been paid
Issuing body: Ministry of Labor, Invalids and Social AffairsEffective date:
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Official number:58/2015/TT-BLDTBXHSigner:Pham Minh Huan
Type:CircularExpiry date:
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Issuing date:29/12/2015Effect status:
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Fields:Insurance , Labor - Salary

SUMMARY

Adjusting salaries and monthly incomes for which the social insurance premiums

 

The Circular No. 58/2015/TT-BLDTBXH issued by the Ministry of Labor, War Invalids and Social Affairs on December 29, 2015 guiding the adjustment rate of salaries and monthly incomes for which the social insurance premiums have been paid.

In accordance with this Circular, the monthly salaries for which social insurance premiums have been paid of the entities shall be adjusted by formula:  Monthly salaries for which social insurance premiums have been paid after annual adjustment equal Total salaries of month for which social insurance premiums have been paid upon the employer’s decision in each year multiplied by Adjustment rate of salaries for which social insurance premiums have been paid in corresponding year. As for the workers who have both period of paying social insurance premiums as entities enforcing the scheme of salaries prescribed by the State and period of paying social insurance premiums under the salary scheme decided by employers, the monthly salaries for which social insurance premiums have been paid upon the salary scheme decided by employers shall be adjusted.

The monthly incomes for which social insurance premiums have been paid of the entities shall be adjusted by the formula such as monthly incomes for which the voluntary social insurance premiums have been paid after annual adjustment equals total incomes of month for which social insurance premiums have been paid in each year multiplied by adjustment rate of monthly incomes for which social insurance premiums have been paid in corresponding year.

In which, the adjustment rate of monthly incomes for which social insurance premiums have been paid in respective year shall be 1.01 in 2014, 1.00 in 2015 and 1.00 in 2016. As for the workers who have both period of paying compulsory social insurance and period of paying voluntary social insurance, the monthly incomes for which voluntary social insurance premiums have been paid shall be adjusted.

This Circular takes effect on February 15, 2016; the provisions of this Circular shall apply on January 01, 2016.
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Effect status: Known

THE MINISTRY OF LABOR , WAR INVALIDS AND SOCIAL AFFAIRS

Circular No. 58/2015/TT-BLDTBXH dated December 29, 2015 of the Ministry of Labor, War Invalids and Social Affairs guiding the adjustment rate of salaries and monthly incomes for which the social insurance premiums have been paid

Pursuant to the Government’s Decree No. 106/2012/ND-CP dated December 20, 2012 defining the functions, tasks, powers and apparatus of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to the Government’s Decree No. 115/2015/ND-CP dated November 11, 2015 providing for guidance on the Law on social insurance regarding the compulsory social insurance (hereinafter referred to as the Decree No. 115/2015/ND-CP);

Pursuant to the Government’s Decree No. 134/2015/ND-CP dated December 29, 2015 providing for guidance on the Law on social insurance regarding the voluntary social insurance (hereinafter referred to as the Decree No. 134/2015/ND-CP);

At the request of the Director General of the Department of Social Insurance,

The Minister of Labor, War Invalids and Social Affairs promulgates a Circular stipulating the adjustment rate of salaries and monthly incomes for which the social insurance premiums have been paid.

Article 1. Scope of adjustment

1.Regulated entities of Clause 2 Article 10 of Decree No. 115/2015/ND-CP are workers who have been participating in social insurance or their the period of participating in social insurance is reserved, have the period of paying social insurance premiums under the salary scheme decided by employers, have received pensions or lump-sum allowance upon retirement, lump-sum allowance of social insurance or died but their kin have received the lump-sum death allowance from January 01, 2016 to December 31, 2016.

2.Regulated entities of Clause 2 Article 4 of Decree No. 134/2015/ND-CP are workers who have participated in voluntary social insurance and have received pensions or lump-sum allowance upon retirement, lump-sum allowance of social insurance or died but their kin have received lump-sum death allowance from January 01, 2016 to December 31, 2016.

Article 2. Adjusting monthly salaries for which the social insurance premiums have been paid

1.The monthly salaries for which social insurance premiums have been paid of the entities regulated in Clause 1 Article 1 of this Circular shall be adjusted by the following formula:

Monthly salaries for which social insurance premiums have been paid after annual adjustment

=

Total salaries of month for which social insurance premiums have been paid upon the employer’s decision in each year

x

Adjustment rate of salaries for which social insurance premiums have been paid in corresponding year

In which, the adjustment rate of salaries for which social insurance premiums have been paid in respective year shall comply with the following Table 1:

Table 1:

Year

Before 1995

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

Adjustment rate

4.29

3.64

3.44

3.33

3.09

2.96

3.01

3.02

2.91

2.82

2.62

2.42

Year

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

 

Adjustment rate

2.25

2.08

1.69

1.58

1.45

1.22

1.12

1.05

1.01

1.00

1.00

 

2.As for the workers who have both period of paying social insurance premiums as entities enforcing the scheme of salaries prescribed by the State and period of paying social insurance premiums under the salary scheme decided by employers, the monthly salaries for which social insurance premiums have been paid upon the salary scheme decided by employers shall be adjusted as regulated in Clause 1 of this Article.

Article 3. Adjusting monthly incomes for which the social insurance premiums have been paid

1.The monthly incomes for which social insurance premiums have been paid of the entities regulated in Clause 2 Article 1 of this Circular shall be adjusted by the following formula:

Monthly incomes for which the voluntary social insurance premiums have been paid after annual adjustment

=

Total incomes of month for which social insurance premiums have been paid in each year

x

Adjustment rate of monthly incomes for which social insurance premiums have been paid in corresponding year

In which, the adjustment rate of monthly incomes for which social insurance premiums have been paid in respective year shall comply with the following Table 2:

Table 2:

Year

2008

2009

2010

2011

2012

2013

2014

2015

2016

Adjustment rate

1.69

1.58

1.45

1.22

1.12

1.05

1.01

1.00

1.00

2.As for the workers who have both period of paying compulsory social insurance and period of paying voluntary social insurance, the monthly incomes for which voluntary social insurance premiums have been paid shall be adjusted as regulated in Clause 1 of this Article. If the workers have paid the social insurance premiums under the salary scheme decided by employers, the monthly salaries for which social insurance premiums have been paid under the salary scheme decided by employers shall be adjusted as regulated in Clause 1 Article 2 of this Circular. The average of monthly incomes for which voluntary social insurance premiums have been paid or the average of salaries and monthly incomes for which social insurance premiums have been paid shall be considered as a basis for calculating pensions, lump-sum allowance upon retirement, lump-sum allowance of social insurance and lump-sum death allowance in accordance with regulations in Clause 4 Article 11 of Decree No. 115/2015/ND-CP and Clause 4 Article 5 of Decree No. 134/2015/ND-CP.

Article 4. Implementation provisions

1.This Circular takes effect on February 15, 2016; the provisions of this Circular shall apply on January 01, 2016.

2.Any difficulties arising in the course of implementation should be promptly reported to the Ministry of Labor, War Invalids and Social Affairs for study and resolution./.

For the Minister

The Deputy Minister

Pham Minh Huan

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