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