[Legal Updates] New regulations on adjustment of salary and monthly income for social insurance payment

LEGAL UPDATES

[Legal Updates] New regulations on adjustment of salary and monthly income for social insurance payment

1| New regulations on adjustment of salary and monthly income for social insurance payment

Circular No. 35/2019/TT-BLĐTBXH issued by the Ministry of Labor, War Invalids and Social Affairs issued on December 30th, 2019, regulates the adjustment of the monthly salary and income for which social insurance premiums have been paid.

a. Monthly salary for which social insurance premiums have been paid for employees paying social insurance premiums according to the salary regime decided by employers, enjoying pensions, lump-sum benefits upon retirement or social insurance a times of death or death for which a relative is entitled to a lump-sum survivorship allowance from 01 January 2020 to 31 December 2020, will be calculated according to the following formula:

The monthly salary paid for social insurance after the adjustment of each year

= Total monthly salary paid for social insurance of each year x

The adjustment rate of salary for which social insurance have been paid of the corresponding year

In particular, the adjustment rate of salary for which social insurance have been paid of the corresponding year is made according to the below table:

Year Adjustment Level
Before 1995 4,85
1995 4,12
1996 3,89
1997 3,77
1998 3,50
1999 3,35
2000 3,41
2001 3,42
2002 3,29
2003 3,19
2004 2,96
2005 2,73
2006 2,54
2007 2,35
2008 1,91
2009 1,79
2010 1,64
2011 1,38
2012 1,26
2013 1,18
2014 1,14
2015 1,13
2016 1,10
2017 1,06
2018 1,03
2019 1,00
2020 1,00

b. Monthly income on which social insurance premiums have been paid for voluntary social insurance participants who receive pensions, lump-sum benefits upon retirement, lump-sum social insurance or death for which a relative is entitled to a lump-sum survivorship allowance during the period from 01 January 2020 to 31 December 2020, will be adjusted according to the following formula.

The monthly income paid for voluntary social insurance after the adjustment of each year = Total monthly income paid for social insurance of each year x The adjustment of monthly income has paid social insurance of the corresponding year

In particular, the adjusted monthly income for which social insurance premiums have been paid in the corresponding year is made in Table 2 below:

Year Adjustment Level
2008 1,91
2009 1,79
2010 1,64
2011 1,38
2012 1,26
2013 1,18
2014 1,14
2015 1,13
2016 1,10
2017 1,06
2018 1,03
2019 1,00
2020 1,00

Circular No. 35/2019/TT-BLĐTBXH comes into effect on February 15th, 2020.

2| The Bailiff is not allowed to record the events and acts to transfer the right to use, ownership of land and assets without documents evidencing the right to use and ownership in accordance with law

On January 8th, 2020, the Government issued Decree No. 08/2020/ND-CP stipulating the organization and operation of Baliff.

According to Decree 08/2020/ND-CP, cases that the Bailiff is not allowed to issue a record, include:

+ While performing duty, the Bailiff shall not be allowed to do things related to the rights and interests of himself and his relatives, including: wife, husband, natural children and adopted children; biological father, natural mother, adoptive father, adoptive mother, grandfather, grandmother, maternal grandfather, maternal grandmother, uncle, uncle, aunts, aunts, brothers and sisters of the Bailiff, of the wife or husband of the Bailiff; the grandchildren whom the Bailiff is grandfather, grandmother, uncle, aunt.

+ Violating regulations on assurance of security and defense, including: Infringing on objectives of security and defense; disclosing state secrets, distributing news, documents, and articles belonging to state secrets; violating the regulations of entry, exit, and departure in dumb areas, protection areas, safety belts of security, defense and military works; violating regulations on protection of secrets, protection of security works, national defense and military zones.

+ Violating private life, personal secrets, family secrets according to Article 38 of the Civil Code; contrary to social morality.

+ Confirming the content, the execution of contracts, transactions prescribed by law within the scope of notarization and authentication activities; certifying the accuracy, legality and non-social morality of the translation of papers and documents from Vietnamese into foreign languages ​​or from foreign languages ​​into Vietnamese; confirm the signature, true copy to the original.

+ Recording events and acts to transfer the right to use, ownership of land and assets without documents evidencing the right to use and ownership in accordance with the law.

+ Recording events and acts to conduct illegal transactions of the person who requests to make the record.

+ Recording events and acts of cadres, civil servants, public employees, officers, professional army, workers and defense officers in agencies and units of the People’s Army, officers and non-commissioned officers and soldiers in agencies and units of the People’s Police who are on official duty.

+ Recording the events, acts which are not witnessed directly by the Bailiff.

Decree No. 08/2020/ND-CP comes into effect on February 24th, 2020.

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