MINISTRY OF
LABOR – INVALIDS AND SOCIAL AFFAIRS
--------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------
|
No.
32/2016/TT-BLDTBXH
|
Hanoi, October
25, 2016
|
CIRCULAR
ON GUIDELINES FOR
THE MANAGEMENT OF EMPLOYEES AND REMUNERATIONS IN DEPOSIT INSURANCE OF VIETNAM
Pursuant to the Government’s Decree No.
106/2012/ND-CP dated December 20, 2012 on the functions, missions, authority
and organizational structure of the Ministry of Labor - Invalids and Social
affairs;
Pursuant to the Government’s Decree No.
68/2013/ND-CP dated June 28, 2013 on details and guidelines for the
implementation of the Law of Deposit insurance;
Pursuant to the Government’s Decree No.
51/2016/ND-CP dated June 13, 2016 on the management of employees and their
remunerations in single-member limited liability enterprises in which the
Government holds 100% of the charter capital;
Pursuant to the Government’s Decree No.
52/2016/ND-CP dated June 13, 2016 on the management of managerial personnel and
their remunerations in single-member limited liability enterprises in which the
Government holds 100% of the charter capital;
At the request of the Head of the Department of
Labor - Salary;
Minister of Labor - Invalids and Social affairs
promulgates the Circular on guidelines for the management of employees and
remunerations in Deposit Insurance of Vietnam
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 1. Scope
This Circular stipulates guidelines for the
management of employees and remunerations in Deposit Insurance of Vietnam.
Article 2. Regulated entities
1. Employees working under a
labor contract in conformity to the Labor Code.
2. Managerial personnel
include the Chairperson and members of the Board of Directors, General Director,
Director, Deputy General Directors, Vice Directors, Chief accountant,
Controllers (except General Director, Director, Deputy General Directors, Vice
Directors or Chief accountant employed under a labor contract).
3. Bodies, organizations and
individuals involved in the management of employees and remunerations according
to this Circular.
Part 2. MANAGEMENT OF EMPLOYEES AND THEIR
REMUNERATIONS
Article 3. Management of employees, planning of
salary budget, prepayment of salary from the budget, determination of salary
budget attained, apportionment of salary and incentives.
1. Deposit Insurance of
Vietnam shall manage employees, plan the average salary level and the salary
budget, advance salary, determine the salary rate and the salary budget
attained, apportion salary, determine the incentive budget and apportion
incentives for employees according to Part 2; Article 9, Article 10, Article
13, Part 3 and Part 4 of the Circular No. 26/2016/TT-BLDTBXH dated September
01, 2016 by the Ministry of Labor - Invalids and Social affairs on the
management of employees and their remunerations in single-member limited
liability enterprises in which the Government holds 100% of the charter capital
(hereinafter referred to as the Circular No. 26/2016/TT-BLDTBXH).
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The average labor output shall be based on the
total turnover minus the salary-excluded total expenses according to the
guidelines annexed to the Circular No. 26/2016/TT-BLDTBXH.
b) Profit is replaced by the total turnover minus
total expenses.
The total turnover that computes labor output and
profit shall consist of the total revenues from annual investments of idle
funds before recorded as income; revenues from the deposit insurance operation
and revenues from other activities as defined in financial management
regulations of Deposit Insurance of Vietnam.
Article 4. Exclusion of object factors upon
determination of employees’ salary
1. The following objective
factors affecting labor output and total turnover minus total expenses shall be
excluded from the calculation of the employees' salary:
a) Objective factors specified in Section 1,
Article 11 of the Circular No. 26/2016/TT-BLDTBXH.
b) The government's decisions intrude directly on
Deposit Insurance of Vietnam’s total turnover minus total expenses; for
instance, amendments to the deposit insurance fee framework or to the
payout cap; charter capital supplementation; revisions to the interest rate of
Deposit Insurance of Vietnam's deposits in the State Bank; revisions to the
deposit insurance fees chargeable by deposit insurance providers; changes to
the interest rate of government bonds or treasury bills or cessation of
issuance thereof; stipulation of the level of aids for insolvent deposit
insurance providers, engagement in political missions, maintenance of social
welfare, balancing of supply and demand in the economy, restructuring and
settlement of bad debts of deposit insurance providers.
c) Deposit Insurance of Vietnam has to pay
depositors' premiums to deposit insurance providers, which shrinks the
investment fund (due to the decrease in the specialized reserve fund).
2. Deposit Insurance of
Vietnam has to quantify objective factor(s) that alter the labor output and
total turnover minus total expenses to lessen or enlarge the factors that
aggrandize or suppress the labor output and total turnover minus total
expenses, respectively, upon the calculation of the average salary level and
planning of the salary budget for employees.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Part 3. MANAGEMENT OF REMUNERATIONS FOR
MANAGERIAL PERSONNEL
Article 5. Adjustment and promotion of pay grade
for managerial personnel
1. The adjustment and
promotion of managerial personnel’s pay grade upon the re-ranking of Deposit
Insurance of Vietnam or in other events shall be governed by Part 2, Circular
No. 27/2016/TT-BLDTBXH dated September 01, 2016 by the Ministry of Labor -
Invalids and Social affairs on guidelines for the delivery of remunerations to
managerial personnel in single-member limited liability enterprises in which the
Government holds 100% of the charter capital (hereinafter referred to as the
Circular No. 27/2016/TT-BLDTBXH).
2. The pay grade for the
Chairperson of the Board of Directors of Deposit Insurance of Vietnam, when
defined according to Section 1 of this Article, shall be equal to that of the
Chairperson of the Members' Council or the Chairperson of the enterprise. The
pay grade for members of the Board of Directors of Deposit Insurance of Vietnam
shall be equal to that for members of the Members' Council.
Article 6. Salary budgeting, determination and
dispensing of remunerations and advances to managerial personnel
1. The planning of the salary
budget, remunerations and average salary level; prepayment of remunerations;
determination of the actual salary budget and incentive fund, and payment of
remunerations and incentives to managerial personnel of Deposit Insurance of
Vietnam shall be subject to Article 3, Article 9, Article 12, Article 14,
Article 15, Article 16, Article 17, Article 18, Article 19 and Section 1, 3, 4,
5, 6, Article 10 of the Circular No. 27/2016/TT-BLDTBXH.
2. The average salary level
shall be planned according to the following base salary and its increasing
coefficient in adherence to the total turnover minus total expenses (referred
to as H) if Deposit Insurance of Vietnam preserves and develops the state
capital, the average labor output does not decline and the planned total
turnover minus total expenses is higher than that attained in the immediately
preceding year:
a) If the total turnover minus total expenses
planned in the year is below VND 200 billion, H shall be no more than 0.5 times
the base salary.
b) If the total turnover minus total expenses
planned in the year ranges from VND 200 billion to less than VND 500 billion, H
shall be no more than 0.7 times the base salary.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. If the average labor output
is lower than that attained in the immediately preceding year though Deposit
Insurance of Vietnam preserves and grows the state capital while planning a
higher total turnover minus total expenses than that attained in the
immediately preceding year, the average salary level planned according to
Section 2 of this Article shall be reduced by 0.5% for every 1% inferiority of
the average labor output planned to that attained in the immediately preceding
year.
4. If the average salary level
planned according to Section 1 and Section 2 of this Article is lower than that
attained in the immediately preceding year though Deposit Insurance of Vietnam
preserves and enhances the state capital while planning a total turnover minus
total expenses higher than or equal to that attained in the immediately preceding
year, the average salary level planned shall be equal to that attained in the
immediately preceding year.
5. Deposit Insurance of
Vietnam shall adhere to the following rules when planning the salary budget,
remunerations and average salary level; prepaying remunerations; determining
the actual salary budget and incentive fund, and paying the remunerations and
incentives to managerial personnel of Deposit Insurance of Vietnam according to
Section 1, 2, 3 and 4 of this Article:
a) The average labor output and profit as the basis
of the calculation of the salary budget, remunerations and average salary level
shall be specified according to Section 2, Article 3 of this Circular.
b) The exclusion of objective factors affecting the
labor output and total turnover minus total expenses shall be subject to
Article 4 of this Circular.
Part 4. IMPLEMENTATION AND EFFECT
Article 7. Implementation
1. Board of Directors of
Deposit Insurance of Vietnam shall be responsible for conducting the duties of
the Members' Council or Chairperson of the enterprise as defined in Article 18
of the Circular No. 26/2016/TT-BLDTBXH and Article 20 of the Circular No.
27/2016/TT-BLDTBXH. Remuneration reports to the agency representing the owner
shall also be delivered to the Ministry of Labor - Invalids and Social affairs
for joint supervision.
2. Controllers of Deposit
Insurance of Vietnam shall be responsible for performing the Controller’s
duties defined in Article 19 of the Circular No. 26/2016/TT-BLDTBXH and Article
21 of the Circular No. 27/2016/TT-BLDTBXH.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Ministry of Labor -
Invalids and Social affairs shall be responsible for:
a) Conducting the duties concerning the owner’s
rights and obligations towards Deposit Insurance of Vietnam as assigned by the
Government.
b) Cooperate with Vietnam State Bank in supervising
the remunerations for employees and managerial personnel in Deposit Insurance
of Vietnam; inspect the implementation of remuneration policies in Deposit
Insurance of Vietnam.
Article 8. Effect
1. This Circular takes effect
as of December 10, 2016. Principles defined in this Circular come into force as
of January 01, 2016.
2. Deposit Insurance of
Vietnam shall specify the cost of shift meal for employees and managerial
personnel according to Section 4, Article 22 of the Circular No. 26/2016/TT-BLDTBXH
and Section 4, Article 25 of the Circular No. 27/2016/TT-BLDTBXH.
Deposit Insurance of Vietnam and other entities
shall report difficulties that ensue during the process of implementation to
the Ministry of Labor - Invalids and Social affairs for timely guideline and
revision./.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66