Thông tư 32/2017/TT-BLĐTBXH về quy định mức điều chỉnh tiền lương và thu nhập tháng đã đóng bảo hiểm xã hội do Bộ trưởng Bộ Lao động – Thương binh và Xã hội ban hành

CIRCULAR

ON INDEXING FACTORS IN CALCULATION OF AVERAGE MONTHLY SALARY AND EARNINGS FOR WHICH SOCIAL INSURANCE HAS BEEN PAID

Pursuant to the Government’s Decree No. 14/2017/ND-CP dated February 17, 2017 on functions, tasks, power and organizational structure 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 specifying certain articles of the Law on Social insurance on compulsory social insurance (hereinafter referred to as “Decree No. 115/2015/ND-CP”);

Pursuant to the Government’s Decree No. 134/2015/ND-CP dated December 29, 2015 specifying certain articles of the Law on Social insurance on voluntary social insurance (hereinafter referred to as “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 promulgates a Circular on indexing factors in calculation of average monthly salary and earnings for which social insurance has been paid.

Article 1. Regulated entities

1. Persons eligible for the indexing of salary for which social insurance has been paid mentioned in Clause 1 and Clause 2 Article 10 of the Decree No. 115/2015/ND-CP include:

a) Employees eligible for the salary policy regulated by the State and paying social insurance from January 01, 2016 onwards and entitled to lump-sum social insurance or employees whose relatives are eligible for lump-sum survivorship allowance upon their death from January 01, 2018 to December 31, 2018.

b) Employees paying social insurance according to the salary policy decided by their employers and entitled to pension, lump-sum pension, lump-sum social insurance or employees whose relatives are eligible for lump-sum survivorship allowance upon their death from January 01, 2018 to December 31, 2018.

2. Persons eligible for the indexing of earnings for which social insurance has been paid mentioned in Clause 2 Article 4 of the Decree No. 134/2015/ND-CP shall be those who pay the voluntary social insurance and are entitled to pension, lump-sum pension, lump-sum social insurance or people whose relatives are eligible for lump-sum survivorship allowance upon their death from January 01, 2018 to December 31, 2018.

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

1. Monthly salary for which social insurance has been paid applied to the persons mentioned in Clause 1 Article 1 herein shall be indexed as follows:

Annual indexing factors are specified in the following Table No. 1:

Table No. 1:

2. If an employee pays both the social insurance according to the salary policy regulated by the State and the social insurance according to the salary policy decided by his/her employer, the monthly salary as the basis for social insurance for the employee shall be paid according to the salary policy regulated by the State from January 01, 2016 onwards and the monthly salary for which social insurance has been paid according to the salary policy decided by the employer shall be indexed according to Clause 1 herein.

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

1. Monthly earnings for which social insurance has been paid applied to the entities mentioned in Clause 2 Article 1 herein shall be indexed as follows:

Annual indexing factors are specified in the following Table No. 2:

Table No. 2:

2. If the employee pays both the compulsory social insurance and the voluntary social insurance, the monthly earnings for which the voluntary social insurance has been paid shall be indexed according to Clause 1 this Article and the monthly earnings for which the compulsory social insurance shall be indexed according to Article 10 of the Decree No. 115/2015/ND-CP and Article 2 herein. The average monthly salary and earnings for which social insurance has been paid as the basis for calculation of pension, lump-sum pension, lump-sum social insurance and lump-sum survivorship allowance specified 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. Implementation provisions

1. This Circular comes into force from February 15, 2018; the indexing specified herein shall be applicable from January 01, 2018.

2. Any issue arising during the implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs.

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