THE MINISTRY OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
34/2019/TT-BLDTBXH
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Hanoi, December
30, 2019
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CIRCULAR
GUIDING
MANAGEMENT OF LABOR, WAGES, REMUNERATION AND BONUSES FOR SMALL AND MEDIUM
ENTERPRISE DEVELOPMENT FUND
Pursuant to the Government's Decree No.
14/2017/ND-CP dated February 17, 2017 defining functions, tasks, powers and organizational
structure of the Ministry of Labor, War Invalids and Social Affairs;
Pursuant to the Government's Decree No.
39/2019/ND-CP dated May 10, 2019 on organization and operation of the small and
medium-sized enterprise development fund;
Pursuant to the Government's Decree No.
51/2016/ND-CP dated June 13, 2016 on management of employees, salaries and
bonuses paid to employees working in wholly state-owned single-member limited
liability companies;
Pursuant to the Government's Decree No.
52/2016/ND-CP dated June 13, 2016 on management of wages, remunerations and
bonuses paid to managers of wholly state-owned single-member limited liability
companies;
At the request of Director of Department of
Labor Relation and Wage;
The Minister of Labor, War Invalids and Social
Affairs promulgates a Circular on guidelines for management of labor, wages,
remuneration and bonuses for the small and medium-sized enterprise development
fund.
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Article 1. Scope of regulation
This Circular provides guidelines for management of
labor, salaries, remunerations and bonuses paid to employees and managers of
the small and medium-sized enterprise development fund (hereinafter referred to
as the Fund).
Article 2. Subjects of
application
1. The Fund's employees working under labor
contracts as prescribed in the Labor Code.
2. The Fund’s managerial personnel, including:
Chairperson Board of Directors and members of the Board of Directors,
Comptroller, Director, Deputy Director(s).
3. Entities and persons involved in the
implementation of this Circular.
Section 2. MANAGEMENT OF LABOR,
WAGES AND BONUSES FOR EMPLOYEES
Article 3. Labor management
The Fund shall carry out the management of
employees in accordance with Section 2 of the Circular No. 26/2016/TT-BLDTBXH
dated September 01, 2016 by the Ministry of Labor, War Invalids and Social
Affairs, providing guidance on management of labor, salaries and bonuses paid
to personnel working in wholly state-owned single-member limited liability
companies (hereinafter referred to as Circular No. 26/2016/TT-BLDTBXH)
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The Fund shall design and decide the pay scale,
chart and allowance or benefit packages and make changes in pay grades for
employees as stipulated in the Decree No. 49/2013/ND-CP dated 14 May 2013 of
the Government, elaborating on some articles of the Labor Code on wages and
salaries, and Circular No. 17/2015/TT-BLDTBXH dated 22 April 2015 of the
Ministry of Labor - Invalids and Social Affairs, providing instructions
for design and formulation of the pay scale, pay chart , allowance
packages and pay grading or ranking for employees in state-owned one-member
limited liability companies under the Government’s Decree No. 49/2013/ND-CP
dated 14 May 2013, detailing the implementation of some articles of the Labor
Code on wages and salaries.
Article 5. Budgeted, advanced
and earned pay, distributed pay and bonus packages
1. The Fund shall determine budgeted, advanced and
earned pay, distributed pay and bonus packages entitled to employees as
prescribed in Article 9, Article 10, Article 13, Article 14, Article 15 and
Clause 2, Clause 3 Article 16 of the Circular No. 26/2016/TT-BLDTBXH.
2. When calculating average budgeted
and earned pay rates in the budgeted and earned pay packages under the
provisions of Article 9 and Article 14 of the Circular No. 26/2016/TT-BLDTBXH,
the Fund shall compute the labor productivity and profit indices,
including
a) The average labor productivity (planned or
realized in the computation year, or realized in the preceding year) index is
calculated as the gross revenue minus total expenses, excluding salary.
b) The profit (planned, realized in the year or
realized in the preceding year) index is replaced by the index showing the
difference between total revenue and total cost.
Total revenue and total expenditure prescribed in
Point a and Point b of this Clause shall be determined according to the
Government's Decree No. 39/2019/ND-CP dated May 10, 2019 on organization and
operation of the small and medium-sized enterprise development fund
(hereinafter referred to as Decree No. 39/2019/ND-CP).
Article 6. Exclusion of
uncontrollable factors from affecting budgeted and earned pay packages for
employees
When determining budgeted and earned pay packages
for employees, the Fund shall rule out uncontrollable factors affecting the
labor productivity and total turnover minus total expenses as prescribed in
Article 11 of Circular No. 26/2016/TT-BLDTBXH and Clause 3 Article 55 of Decree
No. 39/2019/ND-CP.
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Article 7. Salary grading for
managers
1. The Fund’s managers shall be entitled to
respective pay grades, pay rise and changes in pay grades as prescribed in Section
2 of the Circular No. 27/2016/TT-BLDTBXH dated September 01, 2016 by the
Ministry of Labor, War Invalids and Social Affairs on guidelines for wages,
remunerations and bonuses paid to managers of wholly state-owned single-member
limited liability companies (hereinafter referred to as the Circular No.
27/2016/TT-BLDTBXH).
2. Standards for salary grading for the
Fund’s managers shall resemble standards for salary grading for managers
of financial companies (Standard No. 56applied to financial companies) issued
together with the Joint Circular No. 23/2005/TTLT-BLDTBXH-BTC dated August 31,
2005 of the Ministry of Labor - Invalids and Social Affairs and the Ministry of
Finance, guiding the salary ranking and grading for full-time members of
the Governing Board, General Directors, Directors, Deputy General Directors,
Deputy Directors and Chief Accountants of state-owned companies, until the
Government regulates the new salary regime applicable to wholly state-owned
single-member limited liability companies of.
Article 8. Determination of
pay, remuneration and bonus packages for managers
1. Budgeted pay and remuneration package; earned
pay and remuneration package; payment of wages, remuneration and bonuses to
managers of the Fund shall be governed by regulations laid down in Article 3,
Article 9, Clause 1, 3, 4, 5, 6 of Article 10, Article 11, Article 12, Article
14, Article 15, Article 16, Clause 2, Clause 3 of Article 17, Article 18 and
Article 19 of the Circular No. 27/2016/TT-BLDTBXH.
2. When determining the budgeted and earned
pay and remuneration packages as prescribed in Clause 1 of this Article, the
Fund shall determine the average labor productivity and profit indices as
prescribed in Clause 2 of Article 5 of this Circular, including the
following situation:
If the Fund fully conforms to regulatory
requirements; ensuring state assets are conserved and grown, its revenues
are remitted into the state budget; it retains its revenues to
establish a fund for provision against risks under regulations; its
average labor productivity is not decreased and the difference between total
revenue and total expense is higher than that realized in the preceding year,
the budgeted average pay rate of managerial personnel shall be determined
according to the following formula:
TLbqkh
= TLcb + TLcb x Hln
Where:
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- TLcb: Base pay rate of managerial
personnel, which is determined according to Clause 1 Article 10 of Circular No.
27/2016/TT-BLDTBXH.
- Hln: Factor showing increase in wage
or salary of managerial personnel in proportion to their base pay rate in
relation to the difference between total revenue and total expense, which is
calculated in the following situations: if the difference between total
revenue total expense is less than 50 billion dong, Hln
will be 0.3 at maximum; if the difference between total revenue and total
expense is from 50 billion dong to less than 100 billion dong, Hln
will be 0.5 at maximum; if the difference between total revenue and total
expense is from 100 billion dong to less than 150 billion dong, Hln
will be 0.7 at maximum; if the difference between total revenue and total
expense is 150 billion dong or more, Hln will be 1.0 at
maximum.
3. When determining their budgeted and realized pay
package, the Fund shall exclude uncontrollable factors affecting the labor
productivity and the difference between total revenue and total expense as
prescribed in Article 13 of the Circular No. 27/2016/TT-BLDTBXH and Clause 3
Article 55 of the Decree No. 39/2019/ND-CP.
Section 4. IMPLEMENTATION
RESPONSIBILITIES AND EFFECT
Article 9. Responsibility for
implementation
1. The Fund’s Director shall perform the tasks
specified in Article 17 of Circular No. 26/2016/TT-BLDTBXH.
2. The Fund’s Board of Directors shall perform the
tasks specified in Article 18, Clause 4 Article 22 of the Circular No.
26/2016/TT-BLDTBXH and Article 20, Clause 4 Article 25 of the Circular No.
27/2016/TT-BLDTBXH. When sending its report on wages, salaries and bonuses to
the owner's representative agency, it shall also send them to the Ministry of
Labor, War Invalids and Social Affairs for its inspection and supervision.
3. Comptrollers shall perform the tasks specified
in Article 19 of Circular No. 26/2016/TT-BLDTBXH and Article 21 of Circular No.
27/2016/TT-BLDTBXH.
4. The owner's representative agency (the Ministry
of Planning and Investment) shall perform the tasks specified in Clauses 1, 2,
3, 4, 6 and 7 Article 20 of Circular No. 26/2016/TT-BLDTBXH and Clauses 1, 2,
3, 4, 6, 7 and 8 Article 22 of Circular No. 27/2016/TT-BLDTBXH. When sending
its opinions on annual salary, remuneration and bonus packages, it shall also
send them to the Ministry of Labor, War Invalids and Social Affairs for its
inspection and supervision.
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1. This Circular comes into force from February 15,
2020. Regulations specified in this Circular shall be applied from July 1,
2019.
2. The Circular No. 38/2016/TT-BLDTBXH dated
October 25, 2016 of the Ministry of Labor, War Invalids and Social Affairs on
guidelines for management of labor, salaries and remunerations paid to the
small and medium-sized enterprise development fund shall be null and void from
the date of entry into force of this Circular.
Difficulties that arise during the implementation
of this Circular should be reported to the Ministry of Labor, War Invalids and
Social Affairs to seek its timely decisions on any necessary modifications./.
MINISTER
Dao Ngoc Dung