THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
28/2010/ND-CP
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Hanoi,
March 25, 2010
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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 XI'1' 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 730.000/month. to be applied from May 1.
2010.
Article 2. The common
minimum wage level set in this Decree applies to:
1. State agencies, armed forces,
political organizations and socio-political organizations;
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3. Companies which are
established, organized and managed and operate under the State Enterprise Law;
4. One-member limited liability
companies with 100% state-owned charter capital which are organized and managed
and operate under the Enterprise Law.
Article 3. The common
minimum wage level set in this Decree is used as a basis for:
1. Calculating 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. Calculating allowances from
May 1. 2010, onward for laid-off laborers under the Government's Decree No.
110/2007/ND-CP of June 26. 2007, on policies applicable to laborers laid-off in
the reorganization of state companies.
3. Calculating deductions and
entitlements calculated based on the common minimum wage level.
Article 4. The state budget
shall assure funds to apply the common minimum wage level set in 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 cannot balance funds at the average two-thirds of the common
minimum wage level for part-time cadres of communes, wards, townships, villages
and street quarters as identified under the Government's Decree No.
92/2009/ND-CP of October 22, 2009.
Article 5. Funds to apply
the common minimum wage level for laborers working at companies specified in
Clauses 3 and 4 of Article 2 shall be ensured by those companies and may be
accounted into their product costs or production and 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 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
laid-off 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 to agencies, units and organizations specified in
Clauses 1 and 2. Article 2 of this Decree.
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4. The Ministry of Finance shall
assume the prime responsibility for. and coordinate with concerned ministries
and branches in:
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 targeted additional funds for
difficulty-hit localities specified at Point b, Clause 5. Article 4 of this
Decree, and reviewing implementation results for reporting to the Prime
Minister.
Article 7. Effect
1. This Decree takes effect on
May 10. 2010.
Entitlements regulated by this
Decree apply on May 1. 2010.
2. To annul the Government's
Decree No. 33/ 2009/ND-CP of April 6, 2009. prescribing the common minimum wage
level.
3. To replace Clause 1. Article
3 of the Governments Decree No. 97/2009/ND-CP of October 30. 2009. prescribing
region-based minimum wage levels for laborers working for Vietnamese companies,
enterprises, cooperatives, cooperative groups, farms, households and
individuals and other Vietnamese organizations employing laborers, as follows:
"1. Enterprises specified
in Clauses 1 and 2. Article 1 of this Decree shall apply the region-based
minimum wage levels prescribed in Article 2 of this Decree for calculating the
wage unit price.
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Article 8. Ministers,
heads of ministerial-level agencies, heads of government-attached
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung