THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
33/2009/ND-CP
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Hanoi, April 6,
2009
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DECREE
PRESCRIBING
THE COMMON MINIMUM WAGE LEVEL
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 November 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 XIth National Assembly's Resolution No. 56/2006/NQ-QH11 of June
29, 2006, on the five-year socio-economic development plan in the 2006-2010
period;
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 prescribe
the common minimum wage level of VND 650,000/month, to be applied from May
1,2009.
Article 2. The common
minimum wage level under Article 1 of this Decree applies to:
1. State agencies, armed forces,
political organizations and socio-political organizations.
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3. Companies which are
established, organize management and operate under the State Enterprise Law.
4. One-member limited liability
companies with 100% state-owned charter capital which organize management and
operate under the Enterprise Law.
Article 3. The common
minimum wage level specified in this Decree is used as a basis for:
1. Determining wage levels in
the system of wage scales, wage tables and wage allowance levels and
implementing a number of other regimes under law at agencies, units and
organizations specified in Article 2 of this Decree.
2. Determining allowances from
May 1, 2009 onward for redundant laborers under the Government's Decree No.
110/2007/ND-CP of June 26, 2007. on policies applicable to redundant laborers
in the reorganization of state companies.
3. Determining deductions and
entitlements calculated according to the common minimum wage level.
Article 4. The state
budget shall assure funds to apply the common minimum wage level under this
Decree from the following sources:
1. Saving of 10% of the funds
for regular spending (except salaries and amounts of salary nature) by each
administrative agency and non-business unit of ministries, central agencies
and provinces and centrally run cities.
2. Use of at least 40% of
revenues permitted to be left at income-generating non-business units according
to regulations. Use of at least 35% of revenues permitted to be left at
non-business units of the health sector according to regulations (after
deducting expenses for medicines, blood, infusion fluid, chemicals, consumed
supplies and substitute supplies).
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4. Use of 50% of increased local
budget revenues.
5. The central budget shall
assure:
a/ Additional funds for
ministries, central agencies and provinces and centrally run cities which have
complied with Clauses 1, 2, 3 and 4 of this Article, but still lack funds to
apply the common minimum wage level;
b/ Support for difficulty-hit
localities which fail to balance funds of the average 1/3 of the common minimum
wage level for part-time cadres of communes, wards, townships, villages and
street residential quarters as identified under the Government's Decree No.
121/2003/ND-CP of October 21, 2003.
Article 5. Funds to apply
the common minimum wage level for laborers working at companies specified in
Clauses 3 and 4. Article 2 shall be ensured by those companies and may be
accounted into their product costs or production and business expenses.
Article 6.
Responsibilities of implementation guidance
1. The Ministry of Labor, War
Invalids and Social Affairs shall, after consulting the Vietnam General Labor
Federation, representatives of employers and concerned ministries and branches,
propose the Government to adjust the common minimum wage level in each period;
guide the application of the common minimum wage level applicable to companies
specified in Clauses 3 and 4. Article 2 of this Decree; and guide the
calculation of allowances specified in Clause 2. Article 3 of this Decree
applicable to redundant laborers under Decree No. 110/2007/ND-CP of June 26,
2007.
2. The Ministry of Home Affairs
shall assume the prime responsibility for, and coordinate with the Ministry of
Finance and concerned ministries and branches in. guiding the application of
the common minimum wage level at 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
Defense and the Ministry of Public-Security shall guide the application of the
common minimum wage level to subjects under their management.
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a/ Guiding the estimation and
balance of funds to apply the common minimum wage level under Article 4 of this
Decree;
b/ Evaluating and supplementing
funds for ministries, central agencies and provinces and centrally run cities
to apply the common minimum wage level for cases specified at Point a. Clause
5, Article 4 of this Decree, ensuring target additional funds for
difficulty-hit localities specified at Point b. Clause 5. Article 4 of this
Decree and reviewing implementation results for report to the Prime Minister.
Article 7.
1. This Decree takes effect 45
days from the date of its signing.
Wage levels in the system of
wage scales, wage tables and wage allowance levels and allowance regimes
applicable to the subjects specified in Article 2 of this Decree shall be
determined according to the common minimum wage level of VND 650,000/month from
May 1, 2009.
2. To annul the Government's
Decree No. 166/2007/ND-CP of November 16, 2007, prescribing the common minimum
wage level.
Article 8. Ministers,
heads of ministerial-level agencies, heads of government-attached agencies and
presidents of provincial-level People's Committees shall implement this
Decree.-
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