THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 205/2004/ND-CP
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Ha Noi, December 12, 2004
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DECREE
REGULATION ON SALARY SCALE, PAYROLL AND SALARY ALLOWANCE
SYSTEM IN STATE-OWNED COMPANIES
GOVERMENT
Pursuant
to Law on Organization of Government dated December 25, 2001;
Pursuant
to Labor Code dated June 23, 1994; the Law amending and supplementing a number
Articles of Labor Code dated April 4, 2002;
Pursuant
to Law on State-owned Enterprise dated November 26, 2013
Pursuant
to Resolution No. 19/2003/QH11 dated November 16, 2003 on duties in 2004 of XIth
National Assembly;
At the
proposal of the Minister of Labor - Invalids and Social Affairs,
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Article
1. Scope of application of
salary scale, payroll system and salary allowances as provided for in this
Decree, including:
1. 1. State-owned company:
-
State-owned corporation
-
Independent state-owned company;
2.
Independent accounting member company of Corporation invested and established
by the State.
All
Corporations and companies mentioned above are referred as company.
Article
2. Subjects of application
1. Workers, employees directly
engaged in production or business;
2. Members
of the Board of Directors, members of Supervisory Board;
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4. Professional officers and
subordinate employees;
Article 3. Issued together with this Decree the salary
scale, payroll and allowance of Head and Deputy Head of Department,
including:
1. Salary scales of workers,
employees who are directly involved in production and business;
2. Payrolls of workers,
employees who are directly involved in production and business;
3. Payrolls of full-time
members of the Board of Directors;
4. Payrolls of General
Director, Director, Deputy General Director, Deputy Director and Chief
Accountant;
5. Payrolls of senior
specialists and craftsmen;
6. Payrolls of professional
officers and allowances for position of Head and Deputy Head of Department;
7. Payrolls of subordinate employees;
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1.
Regional allowance: applicable to the persons who work in remote and isolated
areas or areas with bad weather conditions.
This allowance consists of 7
levels: 0.1; 0.2; 0.3; 0.4; 0.5; 0.7 and 1.0 compared with the general minimum
salary level.
2. Occupational responsibility
allowances: applicable to part-time members of the Board of Directors, members
of Supervisory Board (excluding the Chief of Supervisory Board) and those who
perform work with required high sense of responsibility or assume work of
non-leadership position.
This allowance consists of 4
levels: 0.1; 0.2; 0.3 and 0.5 compared with the general minimum salary rate.
3. Allowances for toxicity:
applicable to persons perform their jobs in toxic and dangerous or extremely
toxic and dangerous conditions but not yet included in the salary rate.
This allowance consists of 4
levels: 0.1; 0.2; 0.3 and 0.4 compared with the general minimum salary rate.
4. Mobility allowance:
applicable to persons who perform their jobs that require a change of workplace
and residence.
The allowance consists of 3
levels: 0.2; 0.4 and 0.6 compared with the general minimum salary rate.
5. Attraction allowance:
applicable to persons who come to work in new economic zones, economic
establishments and on islands far away from the mainland with extremely
difficulty living conditions.
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The
duration for allowance is from 3 - 5 years.
Article 5. Salary scale, payroll and salary
allowance system as stipulated in Article 3 and Article 4 of this Decree
as a basis for:
1. Negotiating salary in labor
contracts;
2. Developing salary unit;
implementing regulations on increasing salary level as agreed in labor
contracts and collective labor agreements;
3. Paying and enjoying the
benefits of social insurance and health insurance as provided for by law;
4. Paying salary for stopping
work and the other benefits as stipulated by labor law;
5. Addressing other benefits as
agreed upon by the employer and the employee and the provisions of the labor
law.
Article
6. Salary must ensure the
principle that salary is consistent with job and position or allowances for
such position on the basis of criteria for workers’ technical
level recognized, criteria for profession of officers and employees and company
rating;
Article
7. Responsibilities of Ministry
of Labor- Invalids and Social Affairs
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2. Assuming
the prime responsibility for and coordinating with the Ministry of Home Affairs
to guiding the arrangement and transfer from the old
salary to new salary for members of Board of
Directors (excluding General Director and Director) based on the payroll
specified in Clause 3, Article 3 of this Decree;
3. Assuming
the prime responsibility for and coordinating with the Ministry of Finance and
the Ministries and sector concerned:
a)
Requesting the Prime Minister to regulate the particular benefits with salary
nature of several professions;
b) Issuing criteria for company
rating. Particularly for special class companies, requesting the Prime
Minister’s consideration and decision;
c) Guiding company to define
the class and make registration with representative of owner; with the Ministry
of Labor - Invalids and Social Affairs for companies of first class or higher
and notify the Prime Minister of the special class companies.
Article
8. This Decree shall come into
effect 15 days after its publication on the Gazette and replaces Decree
No.26/CP dated May 23, 1993 of the Government on temporarily regulating new
regulations on salary in enterprises, Decree No. 110/1997/ND-CP dated November 18, 1997 of the Government on adding the
salary rate coefficient of managerial position and salary allowance for
leadership position issued with Decree No.26/CP dated May 23, 1993, Decision
No. 83/1998/QD-TTg dated April 15, 1998 of the
Prime Minister concerning the regulation on salary and salary allowance of
members of the Board of Directors, the Supervisory Board of State Corporations
and large-scale independent State-owned enterprises.
All
regulations stipulated in this Decree take effect on October 1, 2004.
Article 9. Ministers, heads of ministerial-level agencies, heads of
government-attached agencies, Chairmen of People's Committees of provinces and
centrally-run cities are liable to execute this Decree. /.
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FOR THE GOVERNMENT
PRIME MINISTER
Phan Van Khai