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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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