Thông tư 35/2018/TT-BLĐTBXH quy định về 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

PRESCRIBING INDEXATION RATE OF MONTHLY SALARY AND INCOME AFTER PAYMENT OF SOCIAL INSURANCE CONTRIBUTIONS

Pursuant to the Government's Decree No. 14/2017/ND-CP dated February 17, 2017, defining the functions, tasks, powers 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 elaborating on certain articles of the Law on Social Insurance regarding the 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 elaborating on certain articles of the Law on Social Insurance regarding the voluntary social insurance (hereinafter referred to as Decree No.134/2015/ND-CP);

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

The Minister of Labor, War Invalids and Social Affairs hereby promulgates the Circular prescribing the indexation rate of monthly salary and income after payment of social insurance contributions.

Article 1. Subjects of application

1. Persons subject to the indexation of salary after payment of social insurance contributions shall be subject to clause 1 and clause 2 of Article 10 in the Decree No. 115/2015/ND-CP, including:

a) Employees who are subject to the pay scheme under the State’s regulations, started participating in social insurance programs from January 1, 2016 and earlier, have already enjoyed the one-off social insurance benefit payments, or are dead after bequeathing their relatives the right of entitlement to one-off social insurance benefit payments already received within the period from January 1, 2019 to December 31, 2019.

b) Employees who pay social insurance contributions according to the pay scheme decided by employers, receive retirement pensions or allowances upon retirement, one-off social insurance benefit payments, or are dead after bequeathing their relatives the right of entitlement to one-off death insurance benefit payments received from January 1, 2019 to December 31, 2019. 

2. Persons subject to the indexation of monthly salaries after payment of social insurance contributions as provided by clause 2 of Article 4 in the Decree No. 134/2015/ND-CP must be voluntary social insurance participants who are entitled to one-off payment of pensions, allowances upon retirement and social insurance benefits, or are dead after bequeathing their relatives the right of entitlement to one-off death insurance benefit payments already received from January 1, 2019 to December 31, 2019. 

Article 2. Indexation of monthly salaries after payment of social insurance contributions

1. Monthly salaries after payment of social insurance contributions of persons specified in clause 1 of Article 1 herein shall be indexed as follows:

In that formula, the indexation rate of monthly salary after payment of social insurance contributions in the corresponding year shall be determined, based on Table 1 given hereunder:

Table 1:

2. If employees have paid social insurance contributions for periods under both the pay scheme prescribed by the State’s regulations and the pay scheme decided by employers, monthly salaries after payment of social insurance contributions of those employees who started participating in social insurance programs according to the pay scheme regulated by the State from January 1, 2016 and earlier, and monthly salaries after payment of social insurance contributions according to the pay scheme decided by employers shall be adjusted in accordance with clause 1 of this Article.   

Article 3. Indexation of monthly income after payment of social insurance contributions

1. Monthly income after payment of social insurance contributions of persons specified in clause 2 of Article 1 herein shall be indexed as follows:

In that formula, the indexation rate of monthly income after payment of social insurance contributions in the corresponding year shall be determined, based on Table 2 given hereunder:

Table 2:

2. If employees have both compulsory social insurance contribution period and voluntary one, the monthly income after payment of voluntary social insurance contributions shall be indexed according to clause 1 of this Article while the monthly income after payment of compulsory social insurance contributions shall be indexed according to Article 10 in the Decree No. 115/2015/ND-CP and Article 2 in this Decree. The average rate of monthly salary and income after payment of social insurance contributions which are used as a basis for calculation of retirement pensions, one-off allowances upon retirements, one-off social insurance benefit payments and one-off death insurance benefit payments as provided in clause 4 of Article 11 in the Decree No. 115/2015/ND-CP and clause 4 of Article 5 in the Decree No. 134/2015/ND-CP.

Article 4. Implementary provisions

1. This Circular shall enter into force from February 15, 2019; provisions of this Circular shall apply from January 1, 2019.

2. In the course of implementation, if there is any difficulty that arises, the Ministry of Labor, War Invalids and Social Affairs should be promptly informed to take any possible action./.

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