THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS | SOCIALIST REPUBLIC OF VIETNAM |
No. 42/2016/TT-BLDTBXH | Ha Noi, December 28, 2016 |
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
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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:
Indexed monthly wage as the basis for social insurance payment of a year
=
Total monthly wageas the basis for social insurance payment according to wage regime set by employers of the year
x
Indexing factor of the year
Where, the indexing factors of the years are specified in Table 1:
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Mọi chi tiết xin liên hệ: ĐT:(028) 3930 3279DĐ:0906 22 99 66
Year
Before 1995
1995
1996
1997
1998
1999
2000
2001
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Mọi chi tiết xin liên hệ: ĐT:(028) 3930 3279DĐ:0906 22 99 66
2003
2004
2005
Indexing factor
4.40
3.74
3.53
3.42
3.18
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Mọi chi tiết xin liên hệ: ĐT:(028) 3930 3279DĐ:0906 22 99 66
3.09
3.10
2.99
2.89
2.69
2.48
Year
2006
2007
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Mọi chi tiết xin liên hệ: ĐT:(028) 3930 3279DĐ:0906 22 99 66
2009
2010
2011
2012
2013
2014
2015
2016
2017
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Mọi chi tiết xin liên hệ: ĐT:(028) 3930 3279DĐ:0906 22 99 66
2.31
2.13
1.73
1.62
1.48
1.25
1.15
1.08
1.03
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Mọi chi tiết xin liên hệ: ĐT:(028) 3930 3279DĐ:0906 22 99 66
1.00
1.00
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:
Indexed monthly earnings as the basis for social insurance payment of a year
=
Total monthly earnings as the basis for social insurance payment of a year
x
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Mọi chi tiết xin liên hệ: ĐT:(028) 3930 3279DĐ:0906 22 99 66
Where, the indexing factorsof the years are specified in Table 2:
Table 2
Year
2008
2009
2010
2011
2012
2013
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Mọi chi tiết xin liên hệ: ĐT:(028) 3930 3279DĐ:0906 22 99 66
2015
2016
2017
Indexing factor
1.73
1.62
1.48
1.25
1.15
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Mọi chi tiết xin liên hệ: ĐT:(028) 3930 3279DĐ:0906 22 99 66
1.03
1.03
1.00
1.00
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./.
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Mọi chi tiết xin liên hệ: ĐT:(028) 3930 3279DĐ:0906 22 99 66
P.P. THE MINISTER
THE DEPUTY MINISTER
Doan Mau Diep