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.
38/2016/TT-BLDTBXH
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Hanoi, October
25, 2016
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CIRCULAR
ON GUIDELINES FOR
MANAGEMENT OF EMPLOYEES, WAGES, REMUNERATION RELATING TO MEDIUM AND SMALL
ENTERPRISE DEVELOPMENT FUND
Pursuant to the Government's Decree No.
106/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers
and organizational structure of the Ministry of Labor, War Invalids and Social
Affairs;
Pursuant to the Government's Decree No.
51/2016/ND-CP dated June 13, 2016 on management of employees, wages, bonuses of
employees in single-member limited liability companies of which charter capital
is wholly owned by the State;
Pursuant to the Government's Decree No.
52/2016/ND-CP dated June 13, 2016 on management of employees, wages, bonuses of
managers in single-member limited liability companies of which charter capital
is wholly owned by the State;
At the request of Director of Labor and Wage
Department;
Implementing document No. 1111/VPCP-KTTH dated
February 22, 2016 of Office of the Government on initiating operation of Small
and Medium Enterprise Development Fund.
Section 1. GENERAL PROVISIONS
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This Circular provides guidelines for management of
employees, planned wage and remuneration fund, realized and remuneration fund
for employees, Chairperson of Management Council, members of Management
Council, Director, Deputy Director, Chief Accountant, Head of Control Board,
members of Control Board of Small and Medium Enterprise Development Fund
(hereinafter referred to as Fund).
Article 2. Regulated entities
1. Employees working under labor contracts as
prescribed in the Labor Code.
2. Head of Control Board, members of Control Board.
3. Director, Deputy Director, Chief Accountant,
excluding Director, Deputy Director, Chief Accountant working under labor
contracts (hereinafter referred to as managers).
4. Chairperson of Management Council, members of
Management Council.
5. Other agencies, organizations, and individuals
in respect of implementation of this Circular.
Section 2. MANAGEMENT OF EMPLOYEES AND WAGES OF
HEAD OF CONTROL BOARD, MEMBERS OF CONTROL BOARD AND EMPLOYEES
Article 3. Management of employees
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Article 4. Pay scale, payroll, allowances and
pay grading
The Fund shall formulate pay scale, payroll and
conduct pay grading for employees, Head of Control Board, members of Control
Board as prescribed in Article 93 of the Labor Code, the Government's Decree
No. 49/2013/ND-CP dated May 14, 2013 on guidelines for the Labor Code in terms
of wages and Circular No. 17/2015/TT-BLDTBXH dated April 22, 2015 of the
Ministry of Labor, War Invalids and Social Affairs on guidelines for
formulating pay scale, payroll, allowances, and pay grading of employees in
single-member limited liability companies of which charter capital is wholly owned
by the State in accordance with Decree No. 49/2013/ND-CP dated May 14, 2013 on
guidelines for the Labor Code in terms of wages.
Article 5. Pay grading and pay amounts for Head
of Control Board and members of Control Board
1. Head of Control Board and members of Control
Board have their pay graded according to pay scale, payroll formulated and
decided by the Fund as prescribed in Article 4 of this Circular.
2. Head of Control Board and members of Control
Board shall receive pay amounts from wage fund of employees as prescribed in
Article 6 of this Circular.
Article 6. Planned wage fund, wage fund
advances, realized fund, wage distribution
1. The Fund shall determine planned average wage
amount, planned wage fund, wage advances, wage unit, realized wage fund, wage
distribution of employees as prescribed in Article 5, Article 6, Article 7
Decree No. 51/2016/ND-CP, Article 9, Article 10, Article 13, Article 14, and
Article 15 of Circular No. 26/2016/TT-BLDTBXH.
2. When determining planned average wage amount or
operating average wage amount to identify planned wage fund or realized fund as
prescribed in Article 9 and Article 14 of Circular No. 26/2016/TT-BLDTBXH, the
indicator of profit (planned profit, operating profit in the year or the
preceding year) shall be replaced with the indicator of difference between
total revenue and total cost in the year.
The indicator of total revenue and total cost in
the year shall be determined as prescribed by law on financial management of
the Fund.
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1. When determining average wage amount of
employees as prescribed in Article 6 of this Circular, the Fund shall exclude
the following objective factors affecting labor productivity and difference
between total revenue and total cost in the year, including:
a) Objective factors prescribed in Clause 1 Article
11 of Circular No. 26/2016/TT-BLDTBXH;
b) The State’s policies have amended resulting in
an increase or a decrease in amount receivable or costs incurred in the year of
the Fund;
2. The exclusion of objective factors prescribed in
Clause 1 of this Article shall be conducted as follows:
a) Labor productivity, difference between total
revenue and total cost in the year affected by objective factors shall be
quantified and calculated in specific figures.
b) If the objective factors cause a decrease (or
increase) in labor productivity, difference between total revenue and total
cost in the year, such decrease (increase) shall be added to the indicator of
labor productivity, difference between total revenue and total cost in such
year.
c) The Fund shall re-evaluate the objective factors
affecting the labor productivity and difference between total revenue and total
cost in the realized year compared to the plan for the exclusion purpose when
determining annual realized fund of employees.
Section 3. MANAGEMENT OF WAGES FOR MANAGERS,
REMUNERATION FOR CHAIRPERSON OF MANAGEMENT COUNCIL, MEMBER OF MANAGEMENT
COUNCIL
Article 8. Wage grading for managers
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Article 9. Determination of wage fund, wage
payment to managers
1. The determination of planned wage fund; realized
wage fund; wage payment to managers shall be consistent with Clauses 1, 2, 3,
4, 5 Article 3, Article 9, Clauses 1, 3, 4, 5, 6, Article 10, Clause 1, Clause
2 Article 11, Article 14, Article 15, and Article 18 of Circular No.
27/2016/TT-BLDTBXH.
2. When determining planned wage and remuneration
fund, realized wage and remuneration fund prescribed in Clause 1 of this
Article, the profit indicator shall be replaced with indicator of difference
between total revenues and total cost in the year as guided in Clause 2 Article
6 of this Circular, in which:
If the Fund meets all the following conditions:
state capital is preserved and developed; payments to budget are made and loan
loss reserve fund is built up as prescribed; average labor productivity remains
unchanged and the difference between total revenue and total cost was higher
than that of the previous year, the average wage of a manager is determined as
follows:
TLbqkh=
TLcb + TLcb X Hln
Where:
- TLbqkh: Planned average wage of the
manager.
- TLcb: Minimum wage of the manager is
determined in accordance with Clause 1 Article 10 of Circular No.
27/2016/TT-BLDTBXH.
- Hln: Wage coefficient increase
associated with the difference between total revenue and total cost in the year
as follow: if the difference is less than 50 billions, Hln shall be
up to 0.3; if the difference is at least 50 billion but not exceeding 100
billion, Hln shall be up to 0.5; if the difference is at least 1000
billion but not exceeding 150 billion, Hln shall be up to 0.7; if
the difference is at least 150 billions, Hln shall be up to 1.0.
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Article 10. Remuneration for Chairperson of
Management Council, members of Management Council
1. Chairperson of Management Council, members of
Management Council shall be paid remuneration based on their work and working
time; planned or realized remuneration amount of the Chairperson of Management
Council shall not exceed 20% of that of Director; planned or realized
remuneration amount of a member of Management Council shall not exceed 20% of
that of Deputy Director;
2. Planned remuneration fund (or realized
remuneration fund) shall be determined according to planned number of members
of Management Council (or actual number of members of Management Council at
certain points of time in the year), working time, planned pay rate (or
realized pay rate) of Director, Deputy Director and remuneration rate
determined by the Fund as prescribed in Clause 1 of this Article.
3. According to the planned remuneration fund,
average pay rate of managers to be realized in the year (associated with
performance of plan indicators in the year), the Fund shall advance sums from
remuneration fund to the Chairperson and members of Management Council. Advance
sum from remuneration fund shall be determined by the Fund providing not
exceeding 80% of the planned remuneration fund in the year.
4. According to the realizable remuneration fund
and advanced remuneration sum provided for the Chairperson and members of
Management Council, the Fund shall determine the remaining remuneration sum; if
the advance sum exceeds the realizable remuneration fund, the Chairperson and
members of Management Council shall refund the amount in excess within such
year.
Section 4. IMPLEMENTATION
Article 11. Responsibilities of Director
1. Create or review positions, jobs; pay scale,
allowances according to positions and jobs, and grade pay upon change of pay
grades as prescribed in Article 4 of this Circular.
2. Annually, review and formulate labor
productivity standard, labor plan, evaluate employment; formulate and issue
recruitment regulations, use and recruit employees as prescribed.
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4. Formulate, issue, or amend regulations of wage
payment to employees.
5. Make wage advances, formulate wage unit, wage
reserve amounts, payment to employees in accordance with the regulations of the
Fund.
6. Send periodical reports on employees and wages
to the Management Council as prescribed in this Circular.
Article 12. Responsibilities of Management
Council
1. Every quarter I, consider approving the business
plan, labor productivity standard, labor plan, planned wage fund and realized
wage fund of employees, Head of Control Board. members of Control Board of the
preceding year as prescribed in this Circular, and send a report to the
Ministry of Planning and Investment using form No. 2 issued together with
Circular No. 26/2016/TT-BLDTBXH within 10 days from the date of approval for
inspection.
2. Every quarter I, receive planned wage fund and
realized wage fund of employees of managers of the preceding year, planned wage
fund and realized wage fund of Chairperson of Management Council, members of
Management Council of the preceding year, and send a report to the Ministry of
Planning and Investment for approval using form No. 1 issued together with
Circular No. 26/2016/TT-BLDTBXH.
3. Decide the pay grading, pay range increase for
managers under appointment authority of the Management Council; request the
Ministry of Planning and Investment to decide the pay grading, pay range
increase for managers under appointment authority of the Ministry of Planning
and Investment.
4. Direct the Director to strengthen organizational
apparatus, personnel in charge of labor and wages to implement regulations on
management of labor and wages as prescribed in this Circular.
5. Formulate and approve regulations on payment of
wage and remuneration to managers, Chairperson of Management Council, members
of Management Council, and send reports to the Ministry of Planning and
Investment before their application; pay wages and remuneration to mangers,
Chairperson of Management Council, members of Management Council in accordance
with the approved regulations on payment of wage and remuneration.
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Article 13. Responsibilities of the Ministry of
Planning and Investment
1. Receive and offer opinions about pay scale,
payroll, allowances, plans for pay grading of the Fund.
2. Provide guidelines for regulations on labor and
wages for employees and wages and remuneration for managers, Chairperson of
Management Council, members of Management Council as prescribed in this
Circular.
3. Every quarter I, receive, oversee, inspect the
report of Management Council on labor productivity standard, labor plan,
planned wage fund and realized wage fund of preceding year and offer opinions
about objective factors affecting labor productivity standard, difference
between total revenue and total cost in the year (if any); receive and approve
planned wage fund and realized wage fund for managers, Chairperson of
Management Council, members of Management Council as prescribed in this Circular.
4. Decide the pay grading for mangers under
appointment authority.
5. Receive, review and offer opinions about
regulation payment of wages and remuneration to employees, mangers, Chairperson
of Management Council, members of Management Council.
6. Inspect, oversee the formulation of pay scale,
payroll, allowances, and pay grading; implementation of labor and wage policies
as prescribed in this Circular.
Article 14. Responsibilities of the Ministry of
Finance
Cooperate with the Ministry of Planning and
Investment in inspecting and overseeing the implementation of labor using plan,
planned wage fund, realized wage fund, regulations on wage payment of the Fund
as prescribed in this Circular.
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Cooperate with the Ministry of Planning and
Investment in inspecting and overseeing the implementation of labor using plan,
planned wage fund, realized wage fund, regulations on wage payment; inspecting
the implementation of labor and wage policies of the Fund.
Article 16. Entry into force
1. This Circular comes into force from January 1,
2017.
2. The Fund shall pay mid-shift meal for an
employee, Head of Control Board, member of Control Board, or a manager not
exceeding VND 730,000 per month. The mid-shift meal regime shall be implemented
in accordance with Circular No. 22/2008/TT-BLDTBXH dated October 15, 2008 of
the Ministry of Labor, War Invalids and Social Affairs on guidelines for mid-shift
meal regime in state-owned companies.
Difficulties that arise during the implementation
of this Circular should be reported to the Ministry of Labor, War Invalids and
Social Affairs for consideration./.
MINISTER
Dao Ngoc Dung