THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 50/2013/ND-CP
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Ha Noi, May 14, 2013
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DECREE
PROVIDING THE MANAGEMENT OF EMPLOYMENT, WAGES AND
BONUSES FOR EMPLOYEES WORKING IN STATE-OWNED ONE-MEMBER LIMITED LIABILITY
COMPANIES
Pursuant
to the December 25, 2001 Law on Organization of the Government;
Pursuant
to the June 18, 2012 Labor Code;
Pursuant
to the November 29, 2005 Law on Enterprises;
At
the proposal of the Minister of Labor, War Invalids and Social Affairs,
The
Government promulgates the Decree providing the management of employment, wages
and bonuses for employees working in state-owned one-member limited liability
companies.
Article
1. Scope of regulation
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Article
2. Subjects of application
1.
Employees working under labor contracts as prescribed by the Labor Code.
2.
Members’ Councils or company presidents, controllers, general directors or
directors.
3.
State management agencies, agencies or organizations assigned or decentralized
to exercise the rights and perform the obligations of the company owner (below
referred to as owner for short).
Article
3. Employment management
1.
Companies shall make recruitment and employment decisions on the basis of
reviewing their employees, determining working positions and titles, ensuring
the efficient recruitment and employment in association with the process of
employment arrangement and company restructuring.
2.
Based on their production and business plans and strategies and employment
situation in the preceding year, companies shall determine their employment
plans and report them to their owners and organize the recruitment according to
their recruitment regulations and sign labor contracts as prescribed by law.
3.
In the fourth quarter every year, companies shall assess the implementation of
employment plans as a basis for the formulation of plans for the subsequent
year. If the recruitment exceeds the planned target, thus leading to
unemployment and termination of labor contracts, companies shall fully provide
benefits to laid-off employees in accordance with the labor law and account
such benefits in their business costs.
Article
4. Wage scales, wage tables and wage
allowances Companies shall formulate wage scales, wage tables and wage
allowances under the Government’s Decree detailing a number of articles of the
Labor Code regarding wages, and arrange wages for their employees from the wage
scales and tables promulgated by the Government under Decree No. 205/2004/ND-CP
of December 14, 2004, to the wage scales and tables issued by the companies.
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1.
Based on their production and business plans and projected achievement of
wage-related norms as prescribed in Article 6 of this Decree, companies shall
decide on their planned wage funds and wage advances not exceeding 80% of the
implemented wage funds of the preceding year for payment to their employees.
2.
Depending on practical conditions, companies shall determine wage unit prices
corresponding to production and business plan targets or product and service
units which are used to administer their production and business activities.
Article
6. Determination of implemented wage funds
1.
The implemented wage fund for employees are determined on the basis of the
actual average number of employees and the average wage paid amount.
2.
The average paid wage amount for calculation of the wage fund is determined on
the basis of the preceding year’s average paid wage amount, labor productivity
and profits earned in the year as compared to the labor productivity and
profits earned in the preceding year on the principles that:
a/
If the labor productivity and earned profits in the year increase, the payable
wage amount will be increased over that of the preceding year, if the labor
productivity rises 1%, the wage increase must not exceed 0.8% and the average
wage increase rate (according to labor productivity and profits) must be lower
than the labor productivity increase rate;
b/
If the labor productivity and earned profits in the year decrease, the payable
wage amount will decrease compared to that of the preceding year;
c/
If neither profits nor losses are made, the payable wage amount will equal the
average wage level under labor contracts (the prescribed wage level).
3.
When determining the average payable wage amount under Clause 2 of this
Article:
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b/
For companies manufacturing products and providing public services under orders
placed by the State, or companies operating for non-profit purposes, the profit
norms are replaced by product and service volume or task performance norms;
c/
Companies shall review the average paid wage amount in 2012, ensuring
compliance with the principles defined in Clause 2 of this Article, and use it
as a basis for determining the average wage amount payable in 2013.
4.
Based on the implemented wage funds as prescribed in Clause 1 of this Article
and the advanced wage funds for employees under Article 5 of this Decree,
companies shall determine the remaining wage funds they can pay. If the
advanced and paid amounts exceed the implemented wage funds, they shall refund
the deficit amount from the wage funds of the following year.
Article
7. Wage distribution
1.
Based on the implemented wage funds, companies may make deductions to set up
reserve funds for addition to the wage funds of the following year and payment
of wages to their employees according to their payment regulations.
The
reserve fund of a company must not exceed 17% of its implemented wage fund. For
companies conducting seasonal production and business activities, the reserve
funds must not exceed 20% of the implemented wage fund.
2.
Companies shall formulate wage payment regulations according to working
positions and titles, ensuring satisfactory payment (without limit) to persons
with talents, high professional and technical qualifications and great
contributions to their companies.
3.
Companies may not use the employees’ wage funds for payment to members of the
Members’ Councils or company presidents, controllers, general directors or
directors, deputy general directors or deputy directors, and chief accountants.
Article
8. Bonuses
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2.
Employees’ bonuses are paid under the commendation regulations of the
companies.
Article
9. Implementation responsibilities
1.
General directors or directors shall:
a/
Draw up employment plans and submit them to the Members’ Councils or company
presidents for approval, and report them to the owners for monitoring,
inspection and supervision; organize the implementation of these plans and take
responsibility before the Members’ Councils or the company presidents for
recruitment and employment;
b/
Review and define professional and working positions and titles; formulate wage
scales, wage tables, wage allowances, and working position-based wage systems
and submit them to the Members’ Councils or company presidents for approval,
and arrange the wages for their companies’ employees;
c/
Determine the planned wage funds and submit them to the Members’ Councils or
company presidents for decision to advance or pay wages to employees;
d/
Determine the implemented wage funds, based on the level of fulfillment of
production and business plans, and submit them to the Members’ Councils or
company presidents for decision; decide on the deduction for the wage reserve
after consulting the company’s trade union executive committee; and distribute
wages to employees according to their companies’ wage payment regulations;
dd/
Set labor norms corresponding to production and business plan tasks; criteria
of professional titles and tasks, professional standards; wage raising and wage
rank upgrading regulations; wage payment regulations, bonus regulations in
accordance with law, ensuring democracy, publicity, transparency and
consultation of the grassroots trade union executive committees, and publicize them
in their companies before implementation;
e/
Periodically report to the Members’ Councils or company presidents on the
situation of employment, wage and bonus; provide adequate employment, wage and
bonus reports, documents and data to the controllers upon request
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a/
Decide on production and business plans, employment plans, wage scales, wage
tables, wage allowances, working position-based wage systems, planned wage
funds and implemented wage funds according to production and business targets
as prescribed by this Decree;
b/
Report to their owners and concurrently to controllers for inspection and
supervision the schemes on determination of planned wage funds and implemented
wage funds within 10 days after decision. Parent company-state economic groups,
parent companies of special-grade corporations and corporations performing
public-duty tasks, which play a key role in the economy, shall concurrently
send these schemes to the Ministry of Labor, War Invalids and Social Affairs
for monitoring;
c/
Strengthen their companies’ organizational apparatus and personnel performing
labor- and wage-related tasks to implement the contents on labor, wage and
bonus management under this Decree;
d/
Annually in the fourth quarter, report to their owners on the situation of
their employees’ employment, wages and incomes in the preceding year.
3.
Controllers shall:
a/
Examine, supervise and periodically report to the owners on the task
performance by the Members’ Councils or company presidents, general directors
or directors as prescribed by this Decree. If detecting any contents contrary
to regulations, request the Members’ Councils or company presidents to direct
the modification and adjustment thereof. If their request is not satisfied,
report it to the owners for timely handling;
b/
Within 15 days after receiving reports of the Members’ Councils or company
presidents, scrutinize and appraise the determination of the implemented wage
funds for reporting to the owners and take responsibility for the accuracy and
truthfulness of their appraisal.
4.
The owners shall:
a/
Receive reports of the Members’ Councils or company presidents, controllers on
the implemented wage funds and objective factors affecting the profits (if any),
for scrutiny, examination and supervision;
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b/
Annually organize inspection and supervision and take responsibility before the
Government and the Prime Minister for the implementation of employment and wage
policies at the companies under their management;
c/
In the second quarter every year, send summarization reports to the Ministry of
Labor, War Invalids and Social Affairs on their companies’ employment, wages
and bonuses of the preceding year and their making of wage plans and their wage
funds of the planning year.
5.
The Ministry of Labor, War Invalids and Social Affairs shall:
a/
Assume the prime responsibility for, and coordinate with related ministries in,
guiding the employment, wage and bonus management under this Decree;
b/
Guide companies in formulating wage scales, wage tables and wage allowances
under the Government’s regulations; labor norms; and determining the average
planned wage levels and labor productivity for determination of wage funds;
c/
Assume the prime responsibility for, and coordinate with the owners in,
selecting and guiding a number of companies in determining on a pilot basis
wage funds according to working positions and titles, suitable to the
corresponding wages of working positions and titles in the labor market;
d/
Coordinate with the owners in supervising the wages of parent company-state
economic groups, parent companies of special-grade corporations and
corporations performing public-duty tasks which play a key role in the economy;
dd/
Inspect and examine companies in implementing employment, wage and bonus
policies. If detecting the wage funds which have been determined in
contravention of regulations, ask the owners to direct companies to adjust
these funds or make refunds according to regulations;
e/
Periodically send summarization reports on the companies’ employment, wage and
bonus situation to the Prime Minister.
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1.
This Decree takes effect on July 1, 2013. The provisions of this Decree apply
from May 1, 2013.
2.
This Decree replaces the following:
a/
The Government’s Decree No. 86/2007/ND-CP of May 28, 2007, providing the
management of employment and wages in one-member limited liability companies
with 100% of charter capital owned by the State;
b/
The Government’s Decree No. 141/2007/ND-CP of September 5, 2007, prescribing
the wage regimes applicable to state-owned parent companies and affiliated
companies in economic groups;
c/
Clause 6, Article 20 of the Government’s Decree No. 25/2010/ND-CP of March 19,
2010, on conversion of state companies into one-member limited liability
companies owned by the State and the management of State-owned one-member
limited liability companies;
d/
Point b, Clause 5, Article 18 of the Government’s Decree No. 101/2009/ND-CP of November
5, 2009, on the experimental establishment and organization, operation and
management of state-run economic groups.
3.
The Parent Company-Military Telecommunications Group may continue applying the
provisions of the Government’s Decree No. 65/2011/ND-CP of July, 29, 2011, on
the trial wage management applicable to the Parent Company- Military
Telecommunications Group in the 2011- 2013 period, for determining wages in
2013.
4.
General directors or directors, deputy general directors or deputy directors
and chief accountants working under labor contracts in state-owned one-member
limited liability companies will be paid with wages and bonuses on the
principle of agreement, which are separated from the wage and bonus funds of
employees and accounted in the business costs of their companies.
5.
Organizations and units currently applying the wage regimes like state
companies or state-owned one-member limited liability companies under
regulations issued by competent state agencies shall manage the employment,
wages and bonuses for their employees under this Decree.
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7.
For organizations established and operating after the model of state-owned
one-member limited liability companies in accordance with the Securities Law,
pursuant to the provisions of this Decree, the Ministry of Labor, War Invalids
and Social Affairs shall, after reaching agreement with the Ministry of
Finance, guide the management of employment, wages and bonuses of employees
suitable to the characteristics of these organizations’ operation.
8.
Political organizations and socio-political organizations may consider and
decide on the application of this Decree to employees working in one-member
limited liability companies under their ownership.
9.
Agencies or organizations representing the state capital at companies with
dominant shares or contributed capital of the State shall direct the
representatives, in pursuance to the provisions of this Decree, to participate
in deciding on or proposing to the Management Boards or the Members’
Councils
of these companies to decide on the management of employment, wages and bonuses
in these companies suitable the practical conditions and ensuring the joint
management of the State.
10.
Ministers, heads of ministerial-level agencies, heads of government-attached
agencies, chairpersons of provincial-level People’s Committees, the Members’
Councils or presidents of state-owned one-member limited liability companies shall
implement this Decree.-
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung