Thông tư 36/2021/TT-BLĐTBXH quy định mức điều chỉnh tiền lương và thu nhập tháng đã đóng bảo hiểm xã hội

CIRCULAR

Specifying coefficients for adjustment of monthly salaries and incomes for which social insurance premiums have been paid

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Pursuant to the Government’s Decree No. 14/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

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

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

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

The Minister of Labor, Invalids and Social Affairs promulgates the Circular specifying coefficients for adjustment of monthly salaries and incomes for which social insurance premiums have been paid.

Article 1. Subjects of application

1. Persons subject to adjustment of salaries for which social insurance premiums have been paid as specified in Clauses 1 and 2, Article 10 of the Decree No. 115/2015/ND-CP, including:

a) Employees subject to the State-prescribed salary regime who start paying social insurance premiums from January 1, 2016, onward, have received lump-sum social insurance benefits or die whose relatives are entitled to a lump-sum survivorship allowance in the period from January 1, 2022, to December 31, 2022.

b) Employees who pay social insurance premiums according to the employer-decided salary regime and have received pension, lump-sum allowance upon retirement or lump-sum social benefits, or die whose relatives are entitled to lump-sum survivorship allowance in the period from January 1, 2022, to December 31, 2022.

2. Persons subject to adjustment of monthly incomes for which social insurance premiums have been paid as specified in Clause 2, Article 4 of the Decree No. 134/2015/ND-CP are voluntary social insurance participants who enjoy pension or lump-sum allowance upon retirement or lump-sum social insurance benefits or die whose relatives are entitled to a lump-sum survivorship allowance in the period from January 1, 2022, to December 31, 2022.

Article 2. Adjustment of monthly salaries for which social insurance premiums have been paid

1. Monthly salaries for which social insurance premiums have been paid for the subjects specified in Clause 1, Article 1 of this Circular shall be adjusted according to the following formula:

Of which, the coefficient for adjustment of salary for which social insurance premiums have been paid in the corresponding year is specified in Table 1 below:

Table 1:

2. For employees who have paid social insurance premiums both under the State-prescribed salary regime and under the employer-decided salary regime, monthly salaries for which they start paying social insurance premiums under the State-prescribed salary regime from January 1, 2016, onward, and monthly salaries for which they have paid social insurance premiums under the employer-decided salary regime shall be adjusted under Clause 1 of this Article.

Article 3. Adjustment of monthly incomes for which social insurance premiums have been paid

1. Monthly incomes for which social insurance premiums have been paid for the subjects specified in Clause 2, Article 1 of this Circular shall be adjusted according to the following formula:

For which, the coefficient for adjustment of incomes for which social insurance premiums have been paid in the corresponding year is specified in Table 2 below:

Table 2:

2. For employees who have paid both compulsory social insurance premiums and voluntary social insurance premiums, monthly incomes for which they have paid voluntary social insurance premiums shall be adjusted under Clause 1 of this Article; monthly salaries for which they have paid compulsory social insurance premiums shall be adjusted under Article 10 of the Decree No. 115/2015/ND-CP and Article 2 of this Circular. The average monthly salaries and incomes for which social insurance premiums have been paid as a basis for calculation of pension and lump-sum allowance upon retirement, lump-sum social insurance benefits and lump-sum survivorship allowance must comply with 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 takes effect on February 20, 2022; the provisions of this Circular apply from January 1, 2022.

2. The Minister of Labor, Invalids and Social Affairs’ Circular No. 23/2020/TT-BLDTBXH of December 30, 2020, specifying coefficients for adjustment of monthly salaries and incomes for which social insurance premiums have been paid, ceases to be effective on the effective date of this Circular.

3. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Labor, Invalids and Social Affairs for prompt study and settlement./.

For the Minister

The Deputy Minister

Nguyen Ba Hoan