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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 38/2022/ND-CP
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Hanoi, June 12,
2022
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DECREE
PRESCRIBING
STATUTORY MINIMUM WAGES PAID TO EMPLOYEES WORKING UNDER EMPLOYMENT CONTRACTS
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on Amendments to the Law on Government
Organization and the Law on Local Government Organization dated November 22,
2019;
Pursuant to the Labour Code dated November 20,
2019;
At the request of the Minister of Labour, War
Invalids and Social Affairs;
The Government promulgates a Decree prescribing
the statutory minimum wages paid to employees working under employment
contracts.
Article 1. Scope
This Decree deals with the statutory minimum wages
per month and per hour paid to employees working under employment contracts.
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1. Employees who work under
employment contracts as prescribed in the Labour Code.
2. Employers as defined in
the Labour Code, including:
a) Enterprises as defined in
the Law on Enterprises.
b) Regulatory authorities,
organizations, cooperatives, family households, and individuals that employ
other people under agreements.
3. Other regulatory
authorities, organizations and individuals involved in the application of the
statutory minimum wages as prescribed in this Decree.
Article 3. Statutory minimum wages
1. The region-based
statutory minimum wages per month and per hour paid to employees are provided
for as follows:
Region
Statutory minimum
wages per month
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Statutory minimum
wages per hour
(Unit:
VND/hour)
Region I
4.680.000
22.500
Region II
4.160.000
20.000
Region III
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17.500
Region IV
3.250.000
15.600
2. The list of region-I,
region-II, region-III and region-IV subregions is provided in the Appendix
enclosed herewith.
3. Determination of a
subregion as the basis for application of the statutory minimum wages shall be
conducted based on the employer’s place of operation. To be specific:
a) An employer located in a
specific subregion shall apply the respective statutory minimum wage applied
thereto.
b) In the event that an
employer has its affiliates and/or branches located in different subregions to
which different statutory minimum wages apply, such affiliates and/or branches
must apply the respective statutory minimum wages applied
thereto.
c) If an employer is located
in an industrial park or export processing zone located in the territory
containing two or more subregions to which different statutory minimum wages
apply, the highest statutory minimum wage shall apply.
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dd) If an employer is located in a subregion which
is converted or established from a subregion or by consolidation of two or more
subregions to which different statutory minimum wages apply, it shall apply the
highest statutory minimum wage.
e) In case an employer is
located in a provincial city which is established from one or more subregions
in the region IV, it shall apply the statutory minimum wage applied to the
remaining provincial cities as prescribed in Clause 3 of the Appendix enclosed
herewith.
Article 4. Application of statutory minimum wages
1. The statutory minimum
wage per month is the minimum wage used as the basis for any agreement between
employers and employees on monthly salary and payment thereof. The job- or
position-based salary of an employee who ensures the monthly normal working
hours and has fulfilled his/her labor productivity norms or tasks as agreed
shall not be lower than the statutory minimum wages per month.
2. The statutory minimum
wage per hour is the minimum wage used as the basis for any agreement between
employers and employees on hourly salary and payment thereof. The job- or
position-based salary paid for every working hour to an employee who has fulfilled
his/her labor productivity norms or tasks as agreed shall not be lower than the
statutory minimum wages per hour.
3. In case an employee
receives a weekly or daily salary, a piece-rate pay or a fixed pay,
the wages paid to the employee, when converted into monthly or hourly salary,
shall not be lower than the statutory minimum wage per month or per hour. The
normal working hours-based converted monthly or hourly salary shall be
subjected to the employer’s decision in accordance with regulations of law. To
be specific:
a) The converted monthly
salary shall equal the product of the weekly salary and 52 weeks divided by 12
months; or the daily salary multiplied by total normal working days in a month;
or the piece-rate pay or fixed pay for the works performed during normal
working hours in a month.
b) The converted hourly
salary shall equal the weekly or daily salary divided by the normal working
hours in a week or a day respectively; or the piece-rate pay or fixed pay
divided by the working hours, considered as normal working hours, spent for
producing a predetermined quantity of products or performing assigned works.
Article 5. Effect and responsibility for
implementation
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2. The Government’s Decree
No. 90/2019/ND-CP dated November 15, 2019 shall cease to have effect from the
effective date of this Decree.
3. Employees shall review
and make appropriate modifications to their agreements in employment contracts,
collective bargaining agreements as well as other regulations and rules; are
not allowed to cut or reduce any overtime pay, nightshift pay, perquisites and
other benefits paid to employees as prescribed by the Labour Code. Agreements
or commitments under employment contracts, collective bargaining agreements or
other lawfully concluded agreements that are more advantageous to employees
than the provisions of this Decree shall remain valid, unless otherwise agreed
upon between the parties.
Ministers, heads of ministerial agencies, heads of
Governmental agencies, Chairpersons of provincial People’s Committees and
employers are responsible for the implementation of this Decree./.
ON BEHALF OF
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Pham Binh Minh
APPENDIX
LIST OF SUBREGIONS
TO WHICH STATUTORY MINIMUM WAGES ARE APPLIED FROM JULY 01, 2022
(Enclosed with the Government’s Decree No. 38/2022/ND-CP dated June 12,
2022)
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- Urban/suburban districts
of Hanoi City, including: Gia Lam, Dong Anh, Soc Son, Thanh Tri, Thuong Tin,
Hoai Duc, Thach That, Quoc Oai, Thanh Oai, Me Linh, and Chuong My, and Son Tay
Town;
- Ha Long City of Quang Ninh
Province;
- Urban/suburban districts
of Hai Phong City, including: Thuy Nguyen, An Duong, An Lao, Vinh Bao, Tien
Lang, Cat Hai and Kien Thuy;
- Thu Duc City and other
urban/suburban districts of Ho Chi Minh City, including: Cu Chi, Hoc Mon, Binh
Chanh and Nha Be;
- Bien Hoa City, Long Khanh
City and other suburban districts of Dong Nai Province, including: Nhon Trach,
Long Thanh, Vinh Cuu, Trang Bom and Xuan Loc;
- Thu Dau Mot City, Thuan An
City, Di An City, Ben Cat Town, Tan Uyen Town, and other suburban districts of
Binh Duong Province, including: Bau Bang, Bac Tan Uyen, Dau Tieng and Phu Giao;
- Vung Tau City and Phu My
Town of Ba Ria – Vung Tau Province.
2. Region II includes the
following subregions:
- Remaining suburban
districts of Hanoi City;
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- Hai Duong City of Hai
Duong Province;
- Hung Yen City, My Hao Town
and other suburban districts of Hung Yen Province, including: Van Lam, Van
Giang and Yen My;
- Vinh Yen City, Phuc Yen
City, and two suburban districts of Vinh Phuc Province, including Binh Xuyen
and Yen Lac;
- Bac Ninh City, Tu Son City
and other suburban districts of Bac Ninh Province, including: Que Vo, Tien Du,
Yen Phong, Thuan Thanh Gia Binh and Luong Tai;
- Cam Pha City, Uong Bi
City, Mong Cai City, Quang Yen Town and Dong Trieu Town of Quang Ninh Province;
- Thai Nguyen City, Song
Cong City and Pho Yen City of Thai Nguyen Province;
- Hoa Binh City and Luong
Son suburban district of Hoa Binh Province;
- Viet Tri City of Phu Tho
Province;
- Lao Cai City of Lao Cai Province;
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- Ninh Binh City of Ninh Binh
Province;
- Vinh City, Cua Lo Town and
two suburban districts of Nghe An Province, including Nghi Loc and Hung Yen;
- Dong Hoi City of Quang
Binh Province;
- Hue City of Thua Thien Hue
Province;
- Hoi An City and Tam Ky
City of Quang Nam Province;
- Urban/suburban districts
of Da Nang City;
- Nha Trang City and Cam
Ranh City of Khanh Hoa Province;
- Da Lat City and Bao Loc
City of Lam Dong Province;
- Phan Thiet City of Binh
Thuan Province;
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- Tay Ninh City, Trang Bang
Town, Hoa Thanh Town, and Go Dau suburban district of Tay Ninh Province;
- Two suburban districts of
Dong Nai Province, including Dinh Quan and Thong Nhat;
- Dong Xoai City and two
suburban districts of Binh Phuoc Province, including Chon Thanh and Dong Phu;
- Ba Ria City of Ba Ria –
Vung Tau Province;
- Tan An City and suburban
districts of Long An Province, including: Duc Hoa, Ben Luc, Thu Thua, Can Duoc
and Can Giuoc;
- My Tho City and Chau Thanh
suburban district of Tien Giang Province;
- Ben Tre City and Chau
Thanh suburban district of Ben Tre Province;
- Vinh Long City and Binh
Minh Town of Vinh Long Province;
- Urban districts of Can Tho
City;
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- Long Xuyen City and Chau
Doc City of An Giang Province;
- Tra Vinh City of Tra Vinh
Province;
- Bac Lieu City of Bac Lieu
Province;
- Ca Mau City of Ca Mau
Province.
3. Region III includes the
following subregions:
- Remaining provincial
cities (except provincial cities of region I and region II);
- Kinh Mon Town and
suburban districts of Hai Duong Province, including: Cam Giang, Nam Sach, Kim
Thanh, Gia Loc, Binh Giang and Tu Ky;
- Suburban districts of
Vinh Phuc Province, including: Vinh Tuong, Tam Dao, Tam Duong, Lap Thach and
Song Lo;
- Phu Tho Town and suburban
districts of Phu Tho Province, including: Phu Ninh, Lam Thao, Thanh Ba and Tam
Nong;
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- Suburban districts of
Quang Ninh Province, including: Van Don, Hai Ha, Dam Ha and Tien Yen;
- Sa Pa Town and Bao Thang
suburban district of Lao Cai Province;
- Remaining suburban
districts of Hung Yen Province;
- Suburban districts of
Thai Nguyen Province, including: Phu Binh, Phu Luong, Dong Hy and Dai Tu;
- Remaining suburban
districts of Nam Dinh Province;
- Duy Tien Town and Kim
Bang suburban district of Ha Nam Province;
- Suburban districts of
Ninh Binh Province, including: Gia Vien, Yen Khanh and Hoa Lu;
- Bim Son Town, Nghi Son
Town and suburban districts of Thanh Hoa Province, including Dong Son and Quang
Xuong;
- Thai Hoa Town, Hoang Mai
Town, and other suburban districts of Nghe An Province, including: Quynh Luu,
Yen Thanh, Dien Chau, Do Luong, Nam Dan, Nghia Dan.
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- Huong Thuy Town, Huong
Tra Town and suburban districts of Thua Thien Hue Province, including: Phu Loc,
Phong Dien, Quang Dien and Phu Vang;
- Dien Ban Town and
suburban districts of Quang Nam Province, including: Dai Loc, Duy Xuyen, Nui
Thanh, Que Son, Thang Binh and Phu Ninh;
- Two suburban districts of
Quang Ngai Province, including: Binh Son and Son Tinh;
- Song Cau Town and Dong
Hoa Town of Phu Yen Province;
- Two suburban districts of
Ninh Thuan Province, including: Ninh Hai and Thuan Bac;
- Ninh Hoa Town and
suburban districts of Khanh Hoa Province, including: Cam Lam, Dien Khanh and
Van Ninh;
- Dak Ha suburban district
of Kon Tum Province;
- Two suburban districts of
Lam Dong Province, including Duc Trong and Di Linh;
- La Gi Town and two
suburban districts of Binh Thuan Province, including Ham Thuan Bac and Ham
Thuan Nam;
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- Remaining suburban
districts of Tay Ninh Province;
- Remaining suburban
districts of Dong Nai Province;
- Suburban districts of Ba
Ria - Vung Tau Province, including: Long Dien, Dat Do, Xuyen Moc, Chau Duc and
Con Dao;
- Kien Tuong Town and
suburban districts of Long An Province, including: Duc Hue, Chau Thanh, Tan Tru
and Thanh Hoa;
- Go Cong Town, Cai Lay
Town, and two suburban districts of Tien Giang Province, including Cho Gao and
Tan Phuoc;
- Suburban districts of Ben
Tre Province, including: Ba Tri, Binh Dai and Mo Cay Nam;
- Two suburban districts of
Vinh Long Province, including: Mang Thit and Long Ho;
- Suburban districts of Can
Tho City;
- Suburban districts of
Kien Giang Province, including: Kien Luong, Kien Hai and Chau Thanh;
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- Suburban districts of Hau
Giang Province, including Chau Thanh and Chau Thanh A;
- Duyen Hai Town of Tra
Vinh Province;
- Gia Rai Town and Hoa Binh
suburban district of Bac Lieu Province;
- Vinh Chau Town and Nga
Nam Town of Soc Trang Province;
- Suburban districts of Ca
Mau Province, including: Nam Can, Cai Nuoc, U Minh and Tran Van Thoi;
- Suburban districts,
including Le Thuy, Quang Ninh, Bo Trach and Quang Trach, and Ba Don Town of
Quang Binh Province.
4. Region IV includes the
remaining subregions./.