THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
134/2008/ND-CP
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Hanoi,
December 31, 2008
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DECREE
ADJUSTING
MONTHLY INCOMES FOR WHICH SOCIAL INSURANCE PREMIUMS HAVE BEEN PAID FOR LABORERS
PARTICIPATING IN VOLUNTARY SOCIAL INSURANCE
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 29, 2006 Law on Social Insurance;
A t the proposal of the Minister of Labor, War Invalids and Social Affairs and
the Minister of Finance,
DECREES:
Article 1. To adjust
monthly incomes for which social insurance premiums have been paid to serve as
a basis for calculating the average monthly incomes on which social insurance
premiums are based for laborers who once paid social insurance premiums under
the type of voluntary social insurance.
Article 2. Subjects of
application are laborers who participate in voluntary social insurance on or
later than January I, 2008, then receive retirement pension, lump-sum allowance
upon retirement, lump-sum social insurance benefit or die and their relatives
receive a lump-sum survivorship allowance according to the provisions of Law on
Social Insurance regarding voluntary social insurance.
Article 3.
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Social Affairs shall guide the
implementation of this Decree.
2. The Ministry of Labor, War
Invalids and Social Affairs shall annually provide for the adjustment level of
monthly incomes for which social insurance premiums have been paid for
Adjustment
level of monthly incomes for which social insurance premiums have been paid
in year t
=
Average
annual consumer price index of the year preceding the year laborers enjoy
social insurance, calculated according to the average comparison base in 2008
as 100%
Average
annual consumer price index of year t, calculated according to the average comparison
base in 2008 as 100%
In which:
- t is any year in the
adjustment period;
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2. For subjects specified in
Article 2 of this Decree, if they have paid compulsory social insurance under
the wage regime prescribed by the employers, such monthly wages and
remunerations for which social insurance premiums have been paid shall be adjusted
under Clause 1, Article 3 of the Government's Decree No. 83/2008/ND-CP of July
31, 2008.
Article 4. Funds for the
adjustment of monthly incomes for which social insurance premiums have been
paid to serve as a basis for calculating the average monthly incomes on which
social insurance premiums are based for labors specified in Article 2 of this
Decree shall be ensured by the social insurance fund.
Article 5.
1. The Ministry of Labor, War
Invalids and laborers who once paid social insurance premiums under the type of
voluntary social insurance after reaching agreement with the Ministry of
Finance on the adjustment level of monthly incomes for which social insurance
premiums have been paid, calculated under Article 3 of this Decree.
3. The Vietnam Social Insurance
shall organize the implementation of this Decree.
Article 6.
1. This Decree takes effect 15
days after its publication in "CONG BAO."
2. The provisions of this Decree
shall be implemented from January 1, 2008.
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung