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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 65/2011/ND-CP
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Hanoi,
July 29, 2011
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DECREE
ON THE PILOT IMPLEMENTATION OF SALARY MANAGEMENT FOR PARENT COMPANY -
VIETTEL GROUP IN THE 2011 - 2013 PERIOD
Pursuant to the
Law on Organization of the Government dated December 25, 2001;
Pursuant to the
Labor Code dated June 23, 1994; Law on amending, supplementing some articles of
the Labor Code dated April 02, 2002; Law on amending and supplementing some
articles of the Labor Code dated June 29, 2006;
Pursuant to the
Law on Enterprise dated November 29, 2005; At the proposal of the Minister of
Labor, War Invalids and Social Affairs and Minister of National Defense,
DECREES:
Article 1. Scope of regulation
This Decree
regulates pilot implementation of salary management for Parent company -
Viettel Group (hereafter called Viettel Group) in the 2011 - 2013 period.
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1. General
Director, Deputy General Director, Chief
Accountant and Auditors
2. Military
officers, professional servicemen, military officers and labors who are working
in accordance with labor contract regimes prescribed in the Labor Code
(hereafter called employee).
3. Organizations,
individuals prescribed at the Article 6, Article 7, Article 8 and Article 9 of
this Decree.
Article 3. Salary arrangement and salary allowance
General Director,
Deputy General Director, Chief Accountant and Auditor and employees of the
Viettel Group are supplied salary arrangement and salary allowance for salary
scale, salary sheet and salary allowance prescribed at the Decree No.
204/2004/ND-CP dated December 14, 2004 of the Government on salary regime for
staffs, public servants, officers and armed forces, the Decree No.
205/2004/ND-CP dated December 14, 2004 of the Government promulgating the
system of salary scale, salary sheet and salary allowance regime in state
agencies and the Decree No. 141/2007/ND-CP dated September 05, 2007 of the
Government promulgating the salary regime for state-owned parent companies and
subsidiary companies in Economics Group to the time that Viettel Group can
build salary scale and salary sheet in accordance with regulations at clause 3,
Article 6 of this Decree or when the Government has new regulations.
Article 4. Salary management for employees 1. Employee management
a) Basing on
production and business quantity, quality, requirement and tasks of Viettel
Group to define plans on using employees, report to the Ministry of National
Defense before implementing.
b) Basing on the
plan on using employees which is received opinions from the Ministry of
National Defense, Viettel Group will directly recruit employees according to
Group’s recruitment regulations and commit labor contracts in accordance with
labor laws.
c) Every year,
Viettel Group will be responsible for evaluating plans on using labors and
solving regimes for employees who do not have works in accordance with legal
regulations.
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a) The Ministry of
National Defense takes prime responsibility, coordinate with the Ministry of
Labor, War Invalids and Social Affairs, the Ministry of Finance to stabilize salary
unit price in accordance with total revenue target minus unpaid salary expenses
for Viettel Group in the 2011 - 2013 period. Unit price of stabilized salary is
defined basing on average salary price which is calculated in accordance with
total revenue target minus unpaid salary expenses that Viettel Group has
implemented in the 2007 - 2010 period.
b) On the
implementation of stabilized salary price in accordance with regulations at
sub-clause (2) of this clause, Viettel Group must satisfy all conditions as
follows:
- To finish well
all tasks of national defense, security appointed by the Party and State.
- To pay to state
budget in accordance with legal regulations. - The increasing level of average
salary must be lower than increasing level of average productivity.
- Annual profit
must be higher than profit in the previous year at least 5%. c) Viettel Group’s
annual salary fund is defined salary unit price prescribed at sub-clause (a)
and (b) of this clause and the target of total revenue target minus unpaid
salary expenses. In the case that Viettel Group cannot ensure the profit target
and productivity in accordance with regulation at subclause (b) of this clause,
salary fund must be deducted to ensure all conditions under regulations.
d) Basing on
salary fund which is implemented in sub-clause (e) of this clause, Viettel
Group will be responsible for building salary payment regime for labors,
ensuring democracy, justice, publicity, transparency and attaching salary with
the completion of production, business, encouraging employees who have skills,
professional knowledge, technique, high productivity to contribute more to
Viettel Group.
On building salary
payment regime, Viettel Group must take Union executive board of the Group,
report to the Ministry of National Defense before implementing and popularizing
to each employee.
Article 5. Salary management for General Director, Deputy General Director, Chief
Accountant and Auditors
1. Salaries of
General Director, Deputy General Director, Chief Accountant and Auditors are
calculated in Group’s salary unit price prescribed at clause 2, Article 4 of
this Decree.
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Article 6. Responsibilities of Viettel Group
1. On quarter I
each year, to build plan on using labors, plan on total revenue target minus
unpaid salary expenses, plan on profits, plan on salary fund of year; to
summary results of production, business, profits, labor, salary, bonus of the
previous year, to report to the Ministry of National Defense, Ministry of
Labor, War Invalids and Social Affairs, Ministry of Finance for supervising and
investigating.
2. To define the
implementation of salary fund every year; to build regulations on salary
payment in accordance with regulations at sub-clause (d), clause 2, Article 4
and clause 2, Article 5 of this Decree.
3. Pursuant to the
Decree No. 101/2009/ND-CP dated November 05, 2009 of the Government on pilot
establishment, organization, operation and management of state economic groups
and current regulations, building salary scale, salary sheet to report to the
Ministry of National Defense before applying on the scope of all Group.
4. On quarter III
of 2013, to summary, report to the Ministry of National Defense, Ministry of
Labor, War Invalids and Social Affairs the results of pilot implementation of
salary management to Viettel Group in the 2011 -2013
period.
Article 7. Responsibilities of Ministry of National Defense
1. To take prime
responsibility and coordinate with the Ministry of Labor, War Invalids and
Social Affairs, Ministry of Finance to transfer stabilized salary unit price
prescribed at regulations on sub-clause (a), (b), clause 2, Article 4 of this
Decree; to investigate and supervise the pilot implementation of salary
management to Viettel Group in accordance with regulations in this Decree.
2. To have
opinions about the plan on using labors, salary scale, salary sheet and
regulations on salary payment of Viettel Group.
Article 8. Responsibilities of Ministry of Labor, War Invalids and Social Affairs
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2. To guide
Viettel Group to build salary scale, salary sheet in accordance with clause 3,
Article 6 of this Decree.
3. On quarter IV
of 2013, to summary, evaluate the results of pilot implementation of salary
management to Viettel Group in the 2012 - 2013 period in accordance with
regulations in this Decree and report to the Prime Minister.
Article 9. Effect
1. This Decree
takes effect on September 15, 2011.
All regulations in
this Decree will be implemented from January 01, 2011 to the end of December
31, 2013.
2. The Ministry of
Labor, War Invalids and Social Affairs shall take prime responsibility and
coordinate with the Ministry of National Defense, Ministry of Finance and
relevant ministries to implement this Decree./. 3. Ministers, heads of
ministerial-level agencies, heads of governmentattached agencies, chairpersons
of provincial/municipal People’s
Committees and
General Director of Viettel Group shall implement this Decree./.
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