THE MINISTRY
OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
29/2012/TT-BLDTBXH
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Hanoi,
December 10, 2012
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CIRCULAR
GUIDING
THE IMPLEMENTATION OF REGION-BASED MINIMUM WAGE LEVELS FOR LABORERS WORKING FOR
ENTERPRISES, COOPERATIVES, COOPERATIVE GROUPS, FARMS, HOUSEHOLDS, INDIVIDUALS
AND OTHER AGENCIES, ORGANIZATIONS EMPLOYING LABORERS
Pursuant to the Government’s
Decree No.103/2012/ND-CP, of December 04, 2012, stipulating on region-based
minimum wage levels for laborers working for enterprises, cooperatives,
cooperative groups, farms, households, individuals and agencies, organizations
employing laborers;
Pursuant to the Government’s
Decree No.186/2007/ND-CP, of December 25, 2007 defining the functions, tasks,
powers and organizational structure of the Ministry of Labor, War Invalids and
Social Affairs;
At the proposal of the Director
General of Labor – Wage;
The Minister of Labor, War
Invalids and Social Affairs promulgates Circular guiding the Government’s
Decree No.103/2012/ND-CP, of December 04, 2012, stipulating on region-based
minimum wage levels for laborers working for enterprises, cooperatives,
cooperative groups, farms, households, individuals and agencies, organizations
employing laborers;
Article 1. Scope of regulation
1. Enterprises that are established,
organized, managed, and operate under the Enterprise Law (including enterprises
with foreign investment in Vietnam that not implement procedures for
re-registration as prescribed in point b, clause 2 Article 170 of the
Enterprise Law).
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3. Agencies, foreign organizations,
international organizations and foreign individuals in Vietnam that employ
laborers (except for international agreements which the socialist Republic of
Vietnam is a member otherwise provided for).
The companies, enterprises, agencies,
organizations and individuals specified in clauses 1, 2 and 3 of this Article
hereinafter collectively referred to as enterprises.
Article 2. Subjects of application
1. The laborers working under labor
contracts as prescribed by the Labor Code.
2. Public employees as managers
enjoying salaries in the enterprises, including: Management Board’s members,
members of the Members Council or the company president, General Directors,
Directors, Deputy General Directors, Deputy Directors, Accountant chiefs,
inspectors and other persons working as managers.
Article 3. The region-based
minimum wage level
1. Region-based minimum wage level
applies to employees working for enterprises (hereinafter collectively referred
to as region-based minimum wage level) as follows:
a) The level of 2,350,000 VND/month
applies to the enterprises operating in the area of region
I.
b) The level of 2,100,000 VND/month
applies to the enterprises operating in the area of region
II.
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d) The level of 1,650,000 VND/month
applies to the enterprises operating in the area of region IV.
2. The areas applying region-based
minimum wage level are specified in the Appendix issued together with the
Government’s Decree No.103/2012/ND-CP of December 04, 2012.
3. The areas applying region-based
minimum wage level in some specific cases are defined as follows:
a) The area that has the change of
name or split, temporarily comply with the region-based minimum wage level for
the area before changing the name or splitting; in case of newly established
areas from the areas with the various region-based minimum wage levels shall
apply the region-based minimum wage level upon area with the highest
region-based minimum wage level; in case of establishment of cities directly
under provinces from an area or the areas of region IV, then implements the
region-based minimum wage level applying to area of region III.
b) Enterprises operating in the
adjacent areas with the various region-based minimum wage levels shall apply
the region-based minimum wage level upon area with the highest region-based
minimum wage level; enterprises having units, branches operating in the areas with
the various region-based minimum wage levels, the unit or branch operating in a
certain area, shall apply the region-based minimum wage level of such area.
c) The industrial zone, export
processing zone located in the areas with various regional minimum wage levels,
enterprises operating in such industrial zone, export processing zone apply the
region-based minimum wage level upon area with the highest region-based minimum
wage level; where industrial zones, export processing zones having sub-zones located
on the areas with the various region-based minimum wage levels, enterprise
operating in a sub-zone of certain area, shall apply the region-based minimum
wage level of such area.
Article 4. Application of the
region-based minimum wage level
1. The region-based minimum wage
level prescribed by the Government is the lowest wage level as the basis for
enterprises and employees to agree salaries to pay to the employees, but the
wage level calculated by month paid to employees who are untrained, do the simplest
jobs in the normal working conditions, ensure adequate standard working days in
month and complete the labor norms or the works agreed upon, is not less than
the region-based minimum wage level stipulated by the Government.
2. The lowest wage level required to
pay to the employees who have undergone vocational training (including laborers
who are trained by enterprises) must be at least 7% higher than the
region-based minimum wage level stipulated by the Government.
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- Those who have been granted
vocational certificates, vocational diploma, vocational secondary diploma in
accordance with provisions of the Decree No.90/CP of November 24, 1993 defining
the framework structure of the national education system, system of education
and training diplomas and certificates;
- Those who have been granted
vocational certificates, vocational diplomas under the
provisions of the 1998 Education Law and the 2005 Education Law;
- Those who have been granted
certificates under the regular vocational training programs, certificates of
vocational primary, vocational secondary diploma, vocational college diploma or
have completed vocational training program under the vocational training contract
specified in the Law on Vocational Training;
- Those who have been granted
vocational diplomas and certificates of foreign training institutions;
- Those who have been trained by
enterprises or self-study and examined by enterprises, arranged to do the jobs
required to be trained.
3. The region-based minimum wage
level prescribed by the Government used as a basis for formulating and
adjusting the wage levels of employees working in the enterprises elaborated
and promulgated the wage scale, payroll according to provisions of the labor
law as follows:
a) For the enterprises that have
elaborated and promulgated the wage scales and payrolls shall be based on the
region-based minimum wage level prescribed by the Government to review and
adjust the wage level in the wage scales, payrolls, but must satisfy the
principles of formulating the wage scales, payrolls in accordance to labor law;
to determine and adjust the wage levels, allowances in
labor contracts and perform other regimes for the employees
properly.
b) For the enterprises that have not
elaborated the wage scales and payrolls, shall be based on the region-based
minimum wage level prescribed by the Government to calculate the wage levels
when formulating wage scales and payrolls of the enterprises, but must satisfy
the principles of formulating the wage scales, payrolls in accordance to labor
law; to determine and adjust the wage levels, allowances in the labor contracts
and perform other regimes for the laborers properly.
c) The adjustment of wage levels in
the wage scales and payrolls, of determination of wage levels upon formulating
the wage scales and payrolls, wage levels, allowances in labor contract and
other regimes for the laborers as prescribed in point a and point b clause 3
this Article shall be agreed by the enterprise, the grassroots trade union
executive committee and employees, but must ensure a reasonably-balanced wage
relationship between laborers who are untrained and laborers who have been
trained, and laborers with high professional qualifications and high technical
skills, laborers who are recruited newly and laborers who have seniority of
working in enterprises.
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Allowances, subsidies, and bonuses
provided by enterprises shall comply with the agreements in labor contracts or
collective labor agreements or in the Regulation of the enterprise.
5. To encourage enterprises in
agreement to apply a minimum wage level that is higher than the region-based
minimum wage level prescribed by the Government for use as a basis for
implementation of the regulations specified in clause 3, Article 4 of this
Circular; to pay salaries for employees at higher level compared with the
provisions in clause 1 and clause 2, Article 4 of this Circular.
Article 5. Effectiveness
1. This Circular takes effect on
January 25, 2013. The region-based minimum wage levels in Article 3 and regimes
specified in this Circular are applied from January 01, 2013.
2. This Circular replaces the
Circular No. 23/2011/TT-BLDTBXH, of September 16, 2011 of the Ministry of
Labor, War Invalids and Social Affairs, guiding implementation of region-based
minimum wage levels for laborers working for companies, enterprises,
cooperatives, cooperative groups, farms, households, individuals and agencies,
organizations employing laborers.
3. For one member limited liability
company owned by the State, state-owned companies that have not been
transformed into limited liability companies or shareholding companies,
organizations, units that are applying the wage regime as the previous
state-owned companies or one member limited liability companies owned by the
State (hereinafter collectively referred to as companies), upon determining the
wage unit price of laborers and wage fund of public employees as managers in
according to the Decree No. 206/2004/ND-CP, of December 14, 2004; the Decree
No.207/2004/ND-CP, of December 14, 2004; the Decree No.86/2007/ND-CP, of May
28, 2007; the Decree No.141/2007/ND-CP, of September 05, 2007 of the
Government, they shall select to apply the minimum wage levels as follows:
a) For companies ensuring to fully
meet the conditions prescribed at the Circular No. 07/2005/TT-BLDTBXH, the
Circular No. 08/2005/TT-BLDTBXH dated January 05, 2005 and the Circular
No.27/2010/TT-BLDTBXH of September 14, 2010 of the Ministry of Labor – War
Invalids and Social Affairs are selected to apply the minimum wage level higher
than the common minimum wage level prescribed by the Government by each period
to determine the wage unit price of the employees and apply the coefficient of
adjustment to raise additional wage fund in order to determine the planned wage
fund of public employees as managers, but must ensure that the increase level
(under rate %) of planned average wage compared with the implementation
of the preceding year (from the wage fund approved by the owner) of public
employees as specialized and responsible managers does not exceed the increase
rate (under rate %) of planned average wages compared to the implementation of
the preceding year of the employees.
b) For companies not ensuring to
fully meet the conditions prescribed at the Circular No. 07/2005/TT-BLDTBXH,
the Circular No. 08/2005/TT-BLDTBXH dated January 05, 2005 and the Circular No.
27/2010/TT-BLDTBXH of September 14, 2010 of the Ministry of Labor – War
Invalids and Social Affairs, not formulating or reporting wage price, or the
plan of production, business losses or unprofitable, apply the common minimum
wage level prescribed by the Government by each period to determine the wage
unit price, regime wage fund of the employees and planned wage fund, wage fund of
performance and regime wage fund of the public employees as
managers.
When determining the wage fund of
performance for laborers with regime wage level (being-enjoyed wage coefficient
according to wage scale, payroll issued together with the Decree
No.205/2004/ND-CP and the Decree No.204/2004/ND-CP of the Government multiply
with the common minimum wage) lower than the region-based minimum wage shall be
added the differential amounts between the regime wage level and the
region-based minimum wage level to supplement in wage fund of performance and
paid to the employees.
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d) When the Labor Code, of June 18,
2012 takes effect, documents stipulated on the common minimum wage, wage scale,
payroll are replaced by other documents, regulations on common minimum wage,
wage scale, payroll in point a, b, c mentioned above shall comply with
regulations of the replacing documents.
4. Funds for implementation of the
region-based minimum wage as prescribed in this Circular shall be accounted
into the price or cost of production and business of the enterprises.
5. The Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies, the President of
the People’s Committee of central-affiliated cities and provinces shall direct,
urge and inspect the enterprises for implementation in accordance with
provisions of this Circular.
In the course of implementation, any
arising problems should be reported to the Ministry of Labor, War Invalids and
Social Affairs for timely guidance and supplement.
FOR THE
MINISTER
DEPUTY MINISTER
Pham Minh Huan