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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
22/2011/ND-CP
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Hanoi,
April 04, 2011
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DECREE
PROVIDING FOR THE COMMON MINIMUM WAGE
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; the June 29, 2006 Law
Amending and Supplementing a Number of Articles of the Labor Code; and the
April 2, 2007 Law Amending and Supplementing Article 73 of the Labor Code;
Pursuant to the National Assembly’s Resolution No. 52/2010/QH12 of November 10,
2010, on the 2011 state budget estimates;
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 of VND
830,000/month, to be applied from May 1, 2011.
Article 2. The common minimum wage provided for in this
Decree applies to cadres, civil servants, public employees, armed forces
servicemen and employees of agencies, units and organizations:
1. State
agencies, armed forces, political organizations and socio-political
organizations.
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3.
State-owned one-member limited liability companies which are organized and
managed and operate under the Enterprise Law.
Article 3. The common minimum wage provided for in this
Decree is used as a basis for:
1.
Calculating wage levels in the system of wage scales, wage payrolls and
wage-based allowance levels, and implementing a number of other regimes established
by law towards cadres, civil servants, public employees, armed forces
servicemen and employees of agencies, units and organizations specified in
Article 2 of this Decree.
2.
Calculating allowances, from May 1, 2011, onward, for redundant laborers under
the Government’s Decree No. 91/2010/ND-CP of August 20, 2010, providing for the
policy for redundant laborers upon reorganizing state-owned one-member
liability limited companies.
3.
Calculating wage deductions and entitlements of wage earners based on the
common minimum wage.
Article 4. The state budget shall assure funds for
applying the common minimum wage provided for in this Decree from the following
sources:
1. Saving of
10% of the regular expenditure (except wage and amounts of wage nature) in
accordance with the estimates assigned in 2011 by authorities to administrative
agencies and non-business units.
2. Use of at
least 40% of revenues permitted to be retained in 2011 at revenue-generating
administrative agencies and non-business units under regulations. Use of at
least 35% of revenues permitted to be retained at non-business units of the
health sector under regulations (after deducting expenses for medicines, blood,
infusion fluid, chemicals, consumed supplies and substitute supplies).
3. Use of 50%
of increased revenues in comparison with the 2010 estimates of local budgets.
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5. The
central budget shall assure:
a/ Additional
funds for ministries, central agencies, provinces and centrally run cities,
which have complied with Clauses 1 thru 4 of this Article, but still need funds
for paying wages based on the common minimum wage.
b/ Supports
for difficulty-hit localities which cannot acquire sources to pay wages at the
average level of two-thirds of the common minimum wage for part-time cadres of
communes, wards, townships, villages and street quarters as identified in the
Government’s Decree No. 92/2009/ND-CP of October 22, 2009.
Article 5. Funds for applying the common minimum wage to
employees of companies specified in Clause 3 of Article 2 shall be provided by
these companies and may be accounted into their product costs or production or
business expenses.
Article 6. Implementation guidance responsibilities
1. The
Ministry of Labor, War Invalids and Social Affairs shall, after consulting the
Vietnam General Confederation of Labor, representatives of employers and
concerned ministries and sectors, guide the application of the common minimum
wage to state-owned one-member limited liability companies; and guide the
calculation of allowances specified in Clause 2, Article 3 of this Decree
applicable to redundant laborers under the Government’s Decree No.
91/2010/ND-CP of August 20, 2010.
2. The
Ministry of Home Affairs shall assume the prime responsibility for, and
coordinate with the Ministry of Finance and concerned ministries and sectors
in, guiding the application of the common minimum wage to agencies, units and
organizations specified in Clauses 1 and 2, Article 2 of this Decree.
3. After
reaching agreement with the Ministry of Home Affairs and the Ministry of
Finance, the Ministry of National Defense and the Ministry of Public Security
shall guide the application of the common minimum wage to their personnel.
4. The
Ministry of Finance shall assume the prime responsibility for, and coordinate
with concerned ministries and sectors in:
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b/ Appraising
and adding funds for ministries, central agencies, provinces and centrally run
cities to apply the common minimum wage to cases specified at Point a, Clause
5, Article 4 of this Decree, ensuring targeted additional funds for
difficulty-hit localities specified at Point b, Clause 5, Article 4 of this
Decree, and reviewing the implementation for reporting to the Prime Minister.
Article 7. Effect
1. This
Decree takes effect on May 19, 2011.
Entitlements
provided for in this Decree apply from May 1, 2011.
2. To annul
the Government’s Decree No. 28/2010/ND-CP of March 25, 2010, providing for the
common minimum wage.
3. Companies
and organizations specified in Clause 3, Article 6 of the Government’s Decree
No. 108/2010/ND-CP of October 29, 2010, may apply the common minimum wage
provided for in this Decree to calculate the wage unit, and if satisfying the
conditions specified in Article 4 of the Government’s Decree No. 206/2004/ND-CP
of December 14, 2004, may apply a wage increase coefficient not exceeding 1.1
times the common minimum wage. If they satisfy the conditions specified in
Article 4 of the Government’s Decree No. 206/2004/ND-CP and have a planned
profit at least 5% higher than the profit realized in the preceding year, they
may apply a wage increase coefficient not exceeding 1.7 times the common
minimum wage.
Article 8. Ministers, heads of ministerial-level agencies
and government- attached agencies, and chairpersons of provincial-level
People’s Committees shall implement this Decree.-
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