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VIETNAM
SOCIAL INSURANCE AGENCY HOCHIMINH CITY SOCIAL INSURANCE AGENCY
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SOCIALIST REPUBLIC
OF VIET NAM
Independence - Freedom - Happiness
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No.: 3039/BHXH-THU
Re. guiding implemetation of the
region-based minimum wage levels and some provisions on payment of health insurance, medical insurance
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Ho Chi Minh city,
October 05, 2011
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Respectfully
to: Units employing laborers in HoChiMinh city
- Pursuant to the Law on Social
insurance, Law on medical insurance;
- Pursuant to the Government’s Decree
No. 70/2011/ND-CP dated August 22, 2011, stipulating region-based minimum wage
levels for laborers working for companies, enterprises, cooperatives,
cooperative groups, farms, households, individuals and agencies, organizations
employing laborers; the Circular No. 23/2011/TT-BLDTBXH dated September 16,
2011 of the Ministry of Labor, Invalids and Social Affairs;
- Pursuant to guidance of the
Ministry of Labor, War Invalids and Social Affairs at the document
No.2447/LDTBXH-BHXH dated July 26, 2011;
- Pursuant to the Official Dispatch
No. 3862/BHXH-BT dated September 21, 2011 of Vietnam Social Insurance Agency,
on collection of social insurance arrears.
HCM city social insurance agency
guides something on implementation of the wage levels for payment of Social Insurance, Health Insurance applied from October 01, 2011 as
follows:
1. The wage levels as the
basis for payment of social insurance, medical
insurance for employees exercising the wage regime which are decided by
employers
1.1. Minimum
wages paid for employees doing simplest works in normal labor conditions in
units, enterprises in HoCHiMinh city specified in Article 1 of the Government’s
Decree No. 70/2011/ND-CP dated August 22, 2011 as follows:
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+ The level of 1,780,000 VND/month
applied to units, enterprises operating in Can Gio rural districts.
1.2. Units
employing laborers shall review the minimum wages in wage scale, payroll which
units have registered with the Labor – Invalids and Social affairs agencies to
correct them for conformity with principle of being not lower than the new
region-based minimum wages mentioned above.
On that basis, correcting the wage
levels in contracts as the basis for payment of social
insurance, medical insurance with each employee in accordance with wage scale,
payroll of units from October 01, 2011.
Attention to:
- The region-base minimum
wages are used to sign labor contracts and pay social insurance, medical
insurance only for employees who do simplest works
in normal labor conditions in units employing laborers. For employees
vocationally trained (including cases trained by units), the lowest wages in contracts
must higher than at least 7% the region-based minimum wages.
- Written corrections of
the mentioned-above wage levels (under forms of Decision or Annex of contract,
etc) are original dossiers as the basis for comparison with the social insurance, medical insurance payment levels and entitlement
levels of employees subject to correcting wages of payment of social insurance, medical insurance at time of October 2011 as
prescribed above.
- For units employing
laborers failing to correct the mentioned-above region-based minimum wages, as
result that some employees have wage levels lower than the new region-based
minimum wages. While waiting units exercise in accordance with
regulation, social insurance agencies shall temporarily adjust the wage levels
for payment of social insurance, medical insurance
for above laborers equal to the new region-based minimum wages from October
2011.
1.3. Employees
signing labor contracts at offices or head quarters located in Hochiminh city
but working in other regions shall apply the region-base minimum wages at
working places inscribed in labor contracts for correcting wages in contracts
as basis for social insurance, medical insurance payment and entitlement.
1.4. For
employees exercising the wage regime provided by State (according to the Decree
No. 204/2004/ND-CP; Decree No. 205/2004/ND-CP dated December 14, 2004 of
Goverment), shall still apply the general minimum wage for social insurance,
medical insurance payment and entitlement, not apply the mentioned-above
region-based minimum wages.
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2.1. Payment
of social insurance during probation period according to
the guiding official dispatch No. 2447/LDTBXH-BHXH dated July 26, 2011 of the
Ministry of Labor, Invalids and Social Affairs.
“For employee with probation period
inscribed in labor contract which is subject to participation in compulsory
social insurance (labor contract with duration of 3 months or more, of labor
contract with undefined duration), the employer and employee must pay
compulsory social insurance for the probation period. The wage level as
the basis for payment of social insurance for the
probation period is the wage level inscribed in labor contract”.
- The Social insurance Payment as
prescribed above must ensure timeliness, from the first probation month to
ensure regimes of social insurance, medical insurance, unemployment insurance
for employees according to Law on social insurance, Law on medical insurance.
Attention to: If the probation period is agreed by employer and employee under a
separate probation contract, not inscribed concurrently in labor contract as
prescribed above, the employer and employee shall pay social insurance, medical
insurance, unemployment insurance only under the official labor contract, after
ending the probation period.
- Units employing laborers
shall, based on the actual labor management and use at units, implement payment
of social insurance, medical insurance, unemployment insurance for employees
under forms of signning contracts as mentioned above.
2.2. To
impelment collection of social insurance arrears according to the Official
Dispatch No. 3862/BHXH-BT dated September 21, 2011 of Vietnam Social Insurance
Agency
- From October 01, 2011, units
employing laborers implement the collection of social insurance and medical
insurance arrears for all cases of employees being subject to participation in
compulsory social insurance but paid lately (including previous cases which
social insurance agencies have guided temporary suspension in order to wait
handling of administrative violations by competent state agencies).
- Dossier and procedures for the
collection of arrears shall be implemented by units according to the
enumerating-dossier table No. 103 - The collection of compulsory social
insurance and medical insurance (adjusted – enclosed), not according to the
enumerating-dossier table No. 107 (cancelled from October 01, 2011).
- Social insurance agencies shall
notify competent state agencies on cases of the collection of arrears above for
their handling as prescribed.
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FOR THE
DIRECTOR OF HO CHI MINH CITY SOCIAL INSURANCE AGENCY
DEPUTY DIRECTOR
Do Quang Khanh