THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
166/2007/ND-CP
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Hanoi, November
16, 2007
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DECREE
PROVIDING
FOR THE COMMON MINIMUM WAGE LEVEL
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 23, 1994 Labor Code: the April 2, 2002 Law Amending and
Supplementing a Number of Articles of the Labor Code; and the June 29, 2006 Law
Amending and Supplementing a Number of Articles of the Labor Code;
Pursuant to the XIth National Assembly’s Resolution
No. 56/2006/NQ-QH11 of June 29, 2006, on the 2006-2010 five-year socio-economic
development, plan;
At the proposal of the Minister of Labor, War Invalids and Social Affairs, the
Minister of Home Affairs and the Minister of Finance,
DECREES:
Article 1. To provide for
the common minimum wage level of VND 540,000/month to be applied from January
1, 2008, for payment to laborers doing the simplest jobs under normal working
conditions.
Article 2.
1. The common minimum wage level
provided for in this Decree applies to:
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b/ Non-business units of the
State; non-business units of political organizations and socio-political
organizations; and non-public non-business units which are set up and operate
according to law;
c/ Companies which are set up,
organized, managed and operate under the Law on State Enterprises;
d/ One-member limited liability
companies with 100% charter capital owned by the State, which are organized,
managed and operate under the Law on Enterprises;
e/ Enterprises which are set up,
organized, managed and operate under the Law on Enterprises;
f/ Vietnamese cooperatives, cooperative
unions, cooperative groups, farms, households, individuals and other
organizations that employ laborers.
2. The common minimum wage level
provided for in this Decree does not apply to foreign-invested enterprises,
foreign agencies and organizations, international organizations and foreigners
in Vietnam.
Article 3. The common
minimum wage level provided for in this Decree serves as a basis for:
1. Calculating wage levels in
wage scales and tables, and wage-based allowances; and applying other regimes
to agencies, units and organizations defined at Points a, b, c and d, Clause 1,
Article 2 of this Decree according to law.
2. Calculating region-based
minimum wage levels applicable to companies, enterprises, organizations and
individuals defined at Points c, d, e and f, Clause 1, Article 2 of this
Decree.
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4. Calculating deductions and
entitlements based on the common minimum wage level.
Article 4. Funds for
application of the common minimum wage level provided for in this Decree to
different subjects shall come from the state budget with the following sources:
1. Ten per cent (10%) savings of
regular expenditures (excluding salaries and amounts of salary nature) of
administrative agencies and non-business units of ministries, central agencies,
provinces and centrally run cities.
2. At least 40% of revenues they
may retain according to regulations, for non-business units with revenues, or
at least 35% of those revenues, for non-business medical units (after
subtracting expenses for medicines, blood, transfusion fluids, chemicals,
consumed supplies, substitute supplies).
3. At least 40% of revenues of
administrative agencies with revenues, which they may retain according to
regulations.
4. Fifty percent (50%) of local
budgets increased revenues.
5. The central budget shall
provide:
a/ Additional funds for
application of the common minimum wage level in case ministries, central
agencies, provinces and centrally run cities have implemented the provisions of
Clauses 1, 2, 3 and 4 of this Article but funds are still insufficient;
b/ Support for difficulty-hit
localities which cannot yet balance funds averagely equal to one-third of the
common minimum wage level for part-time cadres in communes, wards, townships, villages
and population groups in accordance with the Governments Decree No.
121/2003/ND-CP of October 21, 2003.
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Article 6
1. The Ministry of Labor, War
Invalids and Social Affairs shall, after consulting the Vietnam General Labor
Confederation, labor users representatives and concerned ministries and
branches, submit to the Government the adjustment of the common minimum wage
level in each period: guide the application of the common minimum wage level to
organizations and individuals defined at Points c, d, e and f, Clause 1, Article
2 of this Decree; and guide the calculation of allowances specified in Clause
3, Article 3 of this Decree for redundant laborers under Decree No.
110/2007/ND-CP of June 26, 2007.
2. The Ministry of Home Affairs
shall assume the prime responsibility for, and coordinate with-the Ministry of
Finance and concerned ministries and branches in, guiding the application of
the common minimum wage level to agencies, units and organizations defined at
Points a and b, Clause 1, Article 2 of this Decree.
3. The Ministry of Defense and
the Ministry of Public Security shall, after reaching agreement with the
Ministry of Home Affairs and the Ministry of Finance, guide the application of
the common minimum wage level to the subjects under their management.
4. The Ministry of Finance shall
assume the prime responsibility for, and coordinate with concerned ministries
and branches in:
a/ Guiding the calculation and
arrangement of funds for application of the common minimum wage level in
accordance with Article 4 of this Decree;
b/ Evaluating and additionally
allocating funds for application of the common minimum wage level to
ministries, central agencies, provinces and centrally run cities for the cases
defined at Point a, Clause 5, Article 4 of this Decree; allocating additional
funds for difficulty-hit localities defined at Point b, Clause 5, Article 4 of
this Decree; then dimming up and reporting on implementation results to the
Prime Minister.
Article 7. This Decree
takes effect on January 1, 2008.
To annul the Governments Decree
No. 203/2004/ ND-CP of December 14, 2004, providing for the minimum wage level,
and Decree No. 94/2006/ND-CP of September 7, 2006. adjusting the common minimum
wage level.
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ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung