Thông tư 58/2015/TT-BLDTBXH

CIRCULAR

STIPULATING 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. Regulated entities

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:

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:

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:

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:

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

1. This Circular takes effect from February 15, 2016; the provisions of this Circular shall apply from 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./.