Thông tư 42/2016/TT-BLDTBXH

CIRCULAR

ON INDEXING FACTOR IN CALCULATION OF AVERAGE MONTHLY INCOME FOR WHICH SOCIAL INSURANCE HAS BEEN PAID

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

Pursuant to the Decree No. 115/2015/ND-CP dated November 11, 2015 by the Government detailing a number of articles of the Law on Social insurance regarding compulsory social insurance (hereinafter referred to as the Decree No. 115/2015/ND-CP);

Pursuant to the Decree No. 134/2015/ND-CP dated December 29, 2015 by the Government detailing a number of articles of the Law on Social insurance regarding voluntary social insurance (hereinafter referred to as the Decree No. 134/2015/ND-CP);

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

The Minister of Labor, War Invalids and Social Affairs hereby promulgates the Circular on the indexing factors in calculation of average monthly income for which social insurance has been paid.

Article 1. Regulated entities

1. Entities subject to the indexing of wages for which social insurance has been paid as prescribed in Clause 2 Article 10 of the Decree No. 115/2015/ND-CP are employees who are paying social insurance or have their period of social insurance premium payment preserved, having paid social insurance according to wage regime as decided by the employers, eligible for retirement pension, lump-sum allowance upon retirement or lump-sum social insurance or employees whose relatives are eligible for lump-sum survivorship allowance upon their death in the period from January 01, 2017 to December 31, 2017.

2. Entities subject to the indexing of monthly earnings for which the social insurance has been paid as prescribed in Clause 2 Article 4 of the Decree No. 134/2015/ND-CP are people covered by the voluntary social insurance who are eligible for retirement pension, lump-sum allowance upon retirement, lump-sum social insurance or people whose relatives are eligible for lump-sum survivorship allowance upon their death in the period from January 01, 2017 to December 31, 2017.

Article 2. Indexing in calculation of monthly wages for which social insurance has been paid

1. Monthly wages for which the social insurance has been paid applicable to entities specified in clause 1 Article 1 of this Circular are indexed as follows:

Where, the indexing factors of the years are specified in Table 1:

Table 1

2. For employees who pay both the social insurance according to the wage regime prescribed by the State and the social insurance according to the wage regime set by the employers, then the monthly wage for which the social insurance has been paid according to the wage regime set by the employers shall be indexed according to regulations in clause 1 of this Article.

Article 3. Indexing of monthly earnings for which social insurance has been paid

1. Monthly earnings for which the social insurance has been paid applicable to entities specified in clause 2 Article 1 of this Circular shall be indexed as follows:

Where, the indexing factors of the years are specified in Table 2:

Table 2

2. For employees who pay both the compulsory social insurance and the voluntary social insurance, then the monthly wage for which the social insurance has been paid shall be indexed according to regulations in clause 1 of this Article. For employees who pay the social insurance according to the wage regime set by the employers, then the monthly wage for which the social insurance has been paid according to the wage regime set by the employers shall be indexed according to regulations in clause 1 Article 2 of this Circular. The average monthly earnings for which the voluntary social insurance has been paid or the average wage and monthly earnings for which social insurance has been paid as the basis for calculation of retirement pension, lump-sum allowance upon retirement, lump-sum social insurance and lump-sum survivorship allowance shall be determined according to regulations in Clause 4 Article 11 of the Decree No. 115/2015/ND-CP and Clause 4 Article 5 of the Decree No. 134/2015/ND-CP.

Article 4. Implementary clause

1. This Circular comes into effect from February 11, 2017; the indexing specified in this Circular shall be applicable from January 01, 2017.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs for solution./.