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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