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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
49/2013/ND-CP
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Hanoi, May 14,
2013
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DECREE
DETAILING
THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LABOR CODE ON WAGES
Pursuant to the Law on Government
organization,of December 25, 2001;
Pursuant to the Labor Code, of June 18, 2012;
At the proposal of Minister of Labor, Invalids
and Social Affairs;
The Government promulgates the Decree detailing
the implementation of a number of articles of the Labor Code on wages,
Chapter 1.
GENERAL PROVISIONS
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This Decree provides the functions, tasks and
organizational structure of the National wage Council as prescribed in clause 2
Article 92; principles for formulation of wage scales, payroll and labor
productivity norms as prescribed in clause 1 Article 93 of the Labor Code.
Article 2. Subjects of
application
1. Members of the National Wage Council as
prescribed in clause 1 Article 92 of the Labor Code.
2. The employees working under the regime of labor
contract specified in clause 1 Article 3 of the Labor Code.
3. The employers as prescribed in clause 2 Article
3 of the Labor Code (hereinafter referred to as enterprises).
4. Agencies, organizations and individuals relating
to regulation and implementation of the functions, tasks and organizational
structure of the National wage Council and formulation of wage scales, payroll
and labor productivity norms as prescribed in this Decree.
Chapter 2.
THE NATIONAL WAGE
COUNCIL
Article 3. The functions of the
National Wage Council
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2. The Prime Minister shall decide establishment of
the National Wage Council.
Article 4. The tasks of the
National Wage Council
1. Analyzing socio-economic situation, the
residential living level to define, forecast the minimum living demand of
employees and their family; assessing the implementation of the region-based
minimum wages, the wage levels on the labor market and the payment capacity of
enterprises in order to formulate and advise the Government about the annual
plans on region-based minimum wages and plans in each period.
2. Researching, advising the Government about
minimum wages based on hour applicable to some irregular careers, jobs or
part-time affairs.
3. Reviewing, assessing about the regional division
in applying the region-based minimum wages in order to advise the Government in
adjustment, supplementation of the regional division when applying the
region-based minimum wages.
4. Surveying actuality, studying foreign
experiences in order to enhance capability and efficiency of advisory on the
minimum wages.
5. Studying, advising other matters relating to the
wage regimes at the request of the Government, the Prime Minister.
Article 5. The organizational
structure of the National Wage Council
1. The National Wage Council includes 15 members:
05 members representing for the Ministry of Labor, War Invalids and Social
Affairs, 05 members representing for the Vietnam General Confederation of
Labour and 05 members representing for organizations representing for the employers
at the central level, in which:
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b. Three deputy chairpersons include: A deputy
chairperson is deputy chairperson of the Vietnam General Confederation of
Labour, a deputy chairperson is deputy chairperson of the Vietnam Chamber of
Commerce and Industry and a deputy chairperson is deputy chairperson of the
Vietnam cooperative Union;
c. Members of the Council include: Four members of
the Council are representatives of the Ministry of Labor, Invalids and Social
Affairs; four members of the Council are representatives of the Vietnam General
Confederation of Labour; a members of the Council is representative of the
Vietnam Association of medium and small enterprises; two members of the Council
are representatives of two Trade Associations employing many laborers at
central level.
2. The Prime Minister shall appoint the chairperson
and deputy chairpersons of the National Wage Council at the proposal of the
Minister of Labor, Invalids and Social Affairs and authorize for the Minister
of Labor, Invalids and Social Affairs in appointing members of the National
Wage Council.
3. Chairperson, Deputy Chairpersons and Members of
the National Wage Council are persons specialized and having experiences in the
field of labor, wages; having qualification and capacity to consider, propose
requirements of agencies that are represented by them and having conditions to
participate in activities of the National Wage Council. Chairperson, Deputy
Chairpersons and Members of the National Wage Council work under the part-time
regime, with 05-year term.
4. The National Wage Council has a technical
division and a permanent division assisting the Council in studying, surveying,
summing, formulation the plan on region-based minimum wages, regional division
in applying the minimum wages in order to give out for discussion at the
Council and implement the administrative mission of the Council.
5. Operational fund of the National Wage Council is
ensured by the State budget, included in the annual budget estimates of the
Ministry of Labor, Invalids and Social Affairs and other legally-mobilized
sources in accordance with law.
Article 6. The working
regulation of the National Wage Council
1. The Chairperson of the National Wage Council
shall provide the working regulation of the National Wage Council, the
technical division and permanent division.
2. The Chairperson of the National Wage Council may
invite experts, scientists, researchers of Ministries, sectors, Study
Institutions, universities for consulting or participating in meetings of the
Council.
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PRINCIPLES FOR
FORMULATION OF WAGE SCALES, PAYROLL AND LABOR PRODUCTIVITY NORMS
Article 7. Principles for
formulation of wage scales, payroll
1. Based on the production organization, labor
organization, enterprises may formulate and decide the wage scale, payroll for
laborers involved in managerial, professional or technical work and workers
directly involved in production, business and service activities.
2. The multiple of the wage scale is the different
coefficient of the wage level for work or title requiring the highest technical
qualifications as compared to the work or title requiring the lowest technical
qualifications, the number of grades of the wage scale and payroll depends on
the complexity of the management and work or title requirements. The gap
between two conse-cutive wage grades must ensure encouragement to laborers to
raise the technical and professional qualifications as well as experience
accumulation and talent development but at least equal to 5%.
3. Companies shall define the lowest wage level
(the start level) of work or title in the wage scale and payroll on the basis
of the complexity of work or title corresponding to the qualifications, skills,
duties, experiences to implement work or title, of which:
a. The lowest wage level of the simplest work or
title in normal labor conditions shall be not lower than the region-based
minimum wage level prescribed by the Government;
b. The lowest wage level of the work or title
requiring laborers to have to be received vocational training (including
laborers trained by enterprises themselves) must be at least 7% higher than the
region-based minimum wage levels prescribed by the Government;
c. The wage level of work or title with the heavy,
hazardous and dangerous labor conditions must be at least 5% higher; work or
title with the special heavy, hazardous and dangerous labor conditions must be
at least 7% higher than the wage level of work or title having the equivalent
complexity but working in normal labor conditions.
4. When formulating and applying the wage scale,
payroll must ensure equality, non-discrimination on gender, ethnicity, skin
color, social class, marriage status, credence, religion, HIV infection,
disability or due to reason of establishment, acceding and operation of the
Trade Union for laborers, and must formulate standards to rank wage, conditions
to raise the wage grade.
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6. When formulating or amending and supplementing
wage scales, payroll, enterprises must consult organizations representing for
labor collectives at enterprises and publicly at the working places of laborers
before implementation, and send to the labor state management agencies at
district level where enterprises located their production facilities. For
State-owned one-member limited liability companies, when formulating or
amending and supplementing wage scales, payroll, they must report owners to be
consulted before implementation; for mother companies – State-owned economy
Group, mother companies of special-rank corporations, they shall send to the
Ministry of Labor, War Invalids and Social Affairs for monitoring and
supervision.
Article 8. Principles for
establishment of labor productivity norms
1. The labor productivity norms are implemented for
each step of work, each stage and entire process of producing products and
providing services on the basis of organizing scientific labor and reasonable
production.
2. The labor productivity norms are formulated on
the basis of the job or title ranks and in compatibility with the grades and
trained qualifications of laborers, technological process, and technical
standards of machines, equipment and ensuring the labor standards.
3. The labor productivity norms must be the
advanced average norm, which ensure that the majority of laborers can attain it
without having to excessively prolong the regular working time of enterprises
as prescribed by law.
4. The new labor productivity norm must be applied experimentally
before being officially promulgated. Enterprises must notify laborers at least
15 days before applying experimentally. Duration of experimentally applying
shall depend on nature of work, but not more than 3 months and must assess the
implementation of the norm.
In case where during the standard working time, the
actual implemented level of calculation under productivity is lower 5% or
higher 10% than the assigned norm, or the actual implemented level of
calculation under the time is higher 5% or lower 10% than the assigned norm,
enterprises must adjust the labor productivity norm.
5. The labor productivity norm must be periodically
reviewed, assessed to amend, supplement, and adjust for conformity. When
formulating or amending and supplementing, adjusting the labor productivity
norms, enterprises must consult organizations representing for labor
collectives at enterprises and publicly at the working places of laborers
before implementation, and send to the labor state management agencies at district
level where enterprises located their production facilities.
Chapter 4.
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Article 9. Effect
1. This Decree takes effect on July 01, 2013.
Provisions in this Decree shall be applied from May 01, 2013.
2. The Government’s Decree No. 114/2002/ND-CP , of
December 31, 2002, detailing and guiding the implementation of a number of the
Labor Code’s articles on wages, the Government’s Decree No. 205/2004/ND-CP , of
December 14, 2004, providing the system of wage scales, payroll and allowance
regimes in state-owned companies cease to be effective on the effective date of
this Decree.
Article 10. Responsibility for
implementation organization
1. Responsibility for implementation organization
of regulations on functions, tasks and organizational structure of the National
Wage Council:
a. Heads of agencies, organizations specified in
clause 1 Article 5 of this Decree shall appoint representatives to participate
in the National Wage Council and send the list to the Ministry of Labor,
Invalids and Social Affairs for summarization;
b. Chairperson of the Vietnam Chamber of Commerce
and Industry shall select and suggest heads of two Central Trade Associations
that use many laborers to appoint representatives for participation in the
National Wage Council;
c. The Minister of Labor, Invalids and Social
Affairs shall sum up and propose the Prime Minister for appointment of
Chairperson, Deputy Chairpersons of the National Wage Council; and decide the
appointment of members of the National Wage Council.
2. Responsibilities for implementation organization
of the formulation of wage scales, payroll and labor productivity norms.
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b. The labor state management agencies at district
level where enterprises located their production and business facilities shall
receive the wage scales, payroll, labor productivity norms of enterprises as
prescribed in clause 2 Article 93 of the Labor Code; clause 6 Article 7 and
clause 5 Article 8 of this Decree for reviewing and inspection. If detecting
content not consistent with regulation, the labor state management agencies
must have written request to enterprises for amendment, adjustment, supplementation
in accordance with labor law;
c. People’s Committees of central-affiliated cities
and provinces shall direct the provincial Departments of Labor, Invalids and
Social Affairs in coordinating with Confederation of Labour and relevant
agencies to organize propagation, guidance, inspection, examination for the
formulation of wage scale, payroll, labor productivity norms of enterprises in
their areas as prescribed in this Decree.
d. Agencies, organizations that are assigned,
decentralized in implementation of rights and obligations of owners to
State-owned one-member limited liability companies shall receive, examine,
supervise the formulation of wage scales, payroll of one-member limited
liability companies owned by them.
e. The Ministry of Labor, Invalids and Social
Affairs shall guide State-owned one-member limited liability companies,
organizations, units of State, joint-stock companies and limited liability
companies with two or more members owned by State that are arranging wages
under the wage scale, payroll promulgated together with the Government’s Decree
No. 205/2004/ND-CP , of December 14, 2004, to implement this Decree, ensure the
rational relationship on wage among labor types in companies and trades;
transferring and ranking wage for laborers from the wage scales, payroll
promulgated together with the Decree No. 205/2004/ND-CP , of December 14, 2004,
by the Government to the wage scales, payroll promulgated by companies.
3. Ministers, heads of ministerial-level agencies,
heads of government-attached agencies, presidents of provincial/municipal
Peoples Committees and relevant agencies, organizations, enterprises and
individuals shall implement this Decree.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
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