Circular 43/2013/tt-Bldtbxh: Guide Implementation Of Labor Management, Salaries, Remuneration And Bonuses In Organizations That Are Established And Operated By The Company Model M Limited Liability

Original Language Title: Thông tư 43/2013/TT-BLĐTBXH: Hướng dẫn thực hiện quản lý lao động, tiền lương, thù lao và tiền thưởng trong các tổ chức được thành lập và hoạt động theo mô hình công ty trách nhiệm hữu hạn m

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DEPARTMENT OF LABOR-COMMERCE AND SOCIETY
Number: 43 /2013/TT-BLTBXH
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 30, 2013

IT ' S SMART

Guidelines for the implementation of labor management, wages, remuners and bonuses

in the organization that is established and operates under the responsibility company model.

to restrict a member of the state to be owned by the state.

according to the Securities Law Regulation

_________________

Base of Protocol 106 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Labor-Trade and Social Affairs;

Base of Protocol 50 /2013/ND-CP May 14, 2013 Government rules the management of labor, wages and bonuses to workers in the LLC a member owned by the State.

Base of Protocol 51 /2013/NĐ-CP May 14, 2013 of the Government rules the wage regime, remunation, bonuses for Member Council Member or Chairman of the Company, Control Officer, General Manager or Director, Deputy Director General or Deputy Director, Chief Accounting Officer in the Company. The LLC is a member of the state owned by the state.

On the recommendation of the Secretary of Labor,

The Minister of Labor-Trade and Social Affairs issued a manual for the implementation of the management of labor, wages, remuners and bonuses in established organizations and activities under the limited liability company model a member made by the State of the United States. owner by the provisions of the Securities Law.

Item 1

GENERAL REGULATION

What? 1. The adjustment range

This information guides labor management, wages, remunuation, bonuses for labourers and board members, Board members, General Manager, Deputy Director General, Chief Accounting in established and active organizations. following the LLC model a member owned by the State as the provisions of the Securities Law, including:

1. Hanoi Stock Exchange.

2. Ho Chi Minh City Stock Exchange.

3. Vietnam Stock Exchange Center.

Organizations are set up and operate under the LLC model a member appointed by the State as a regulatory holder at Clause 1, 2, and Clause 3 This later called the stock organization.

What? 2. Subject applies

1. The worker works according to the labor contract.

2. Member of the Control Board.

3. Member in charge of the Board of Directors, General Manager, Deputy General Manager, Chief Accounting; membership is not in charge of the Board of Directors.

4. Agency, organization and individual are involved in management of labor, wages, remuners, regulatory bonuses at this level.

Item 2

LABOR MANAGEMENT, SALARIES, BONUSES FOR THE BOARD MEMBER AND THE WORKER LABOURERS.

What? 3. Ratings, salaries, membership of the Board member

1. Member of the payroll control board under the salary, payroll provided by the securities organization under regulation at Article 93 of the Labor Code and the Digital Decree. 49 /2013/NĐ-CP May 14, 2013, the Government regulates the implementation of a number of provisions of the Ministry of Labor and the guidelines of the Ministry of Labor-Trade and Social Affairs.

2. Member of the Board of Control entitled salaries, bonuses from the pay fund, the labour fund of the employer stipulated at this Article 4.

3. Base for payroll and reward rules, the Board of Directors of the Securities Organization decides to advance the wage, determine the wages made, bonuses and paychecks, bonuses to the Board members according to the degree of completion of their duties. Control and every member of the Board.

What? 4. Labor management, which determines the wage fund, wage repayment of wage distribution, bonuses

1. Securities organizations perform labor management, which determines the wage fund, the wage bill, the wage-payer, the wage fund, the wage fund, the distribution of wages, bonuses for workers by regulation at Articles 3, 4 Section 2; Article 5, 6, 7, 9 Section 3; Clause 1, 2 Articles 8 Section 3 and Section 4 Digital 18 /2013/TT-BLTBXH September 9, 2013 by the Ministry of Labor-Trade and Social Affairs guides the management of labor, salaries, bonuses for workers in the LLC a member owned by the State.

2. The average wage rate is currently tied to the average labor capacity and the real profit is determined by regulation at paragraph 2, Article 8, Section 3 News No. 3. 18 /2013/TT-BLTBXH September 9, 2013 by the Ministry of Labor-Trade and Social Affairs, in which the average labor capacity is calculated in the following formula:

(1)

In it:

W I : Wage productivity.

: Total revenue per year.

L ttsd : The number of actual workers using a per-year average, calculated as a guidate at Clap 1, Appendix I issued with Digital. 18 /2013/TT-BLTBXH September 9, 2013 by the Ministry of Labor-Trade and Social Affairs.

What? 5. Extract the objective factors when determining the worker ' s wages fund.

1. When determining the wage fund and the average wage of worker salaries, the securities organization excluation of objective factors affecting labor productivity and profit, including:

a) The state changes policy on the fees of the securities organization, which requires increased depreciation to fast-capital recovery, which has the decision to intervene in order to stabilize the market or favor corporate income tax.

b) The stock implementation of the new investment (including software investment, technological innovation investment, infrastructure investment), depreciation increase due to new investment.

c) The objective factors of the stock market that increase or decrease job revenues performed in the year compared to the implementation of the previous year adjacent to the impact of the labor productivity, the profitability of the stock organization, including:

-For the Securities Exchange: the number of listed companies, registration of transactions and the ability to meet the listing conditions affecting the stock of securities listed fees; the volume of trading securities and transaction prices affecting the transaction fee revenue. translator; the number of transactions members affecting the cost of membership fees; the value of the bond, the plan, and the scale of capital mobiles through the bond release affecting the bidding activity revenue; the transfer value of the stock ownership. not through the Stock Exchange ' s trading system affecting the revenue of transfer of securities; volume and price of the stock exchange. The value of the auction shares the auction of the auction.

-For the Securities Archive Center: the volume of stored securities made during the year affecting the revenue of the registration fee; the stock registration value (the first time) made in the year and the number of times the additional stock registration affects the subscription fee. sign of securities; value of the original payment, bond interest, Government credit affecting the revenue of interest payments agent, the bond root, the vote; the number of times that exercise rights and the number of shareholders corresponding to each implementation of the rights affecting the business. cost of exercise fees; the number of times and the value of the transfer of securities affecting the transfer fee revenue; the transfer value of ownership Stock exchange of the Stock Exchange affects the revenue fee transfer fee; the number of archived members affects the cost of the membership management fee; the number of transactions fixes in the year affecting the transaction fee. Revenue correction expense.

2. The exclusion of objective factors affecting the productivity of labor and profit as a base to determine the amount of wage per salary is made in the principle as follows:

a) Labor productivity, profit affected by objective factors must be quantified and calculated using specific metrics.

b) The objective factors stipulate at point a and point b, Clause 1 This increases the productivity of labor, the profit must reduce the productivity of the labor productivity, the added profit. In the case of reducing labor productivity, profits are added to the productivity of labor productivity, the decline in labor productivity, the profit.

c) The objective factors stipulate at point c, Clause 1 This reduces labor productivity, profits are added to the portion of the labor productivity, the profit decreased to the productivity of labor productivity, the profit made. In the case of a 15% increase in corporate revenue from the previous year's implementation, a 15% increase in transaction revenue was not included when the wage fund was determined and the worker's salary cap was done.

3. The stock business of the stock organization is carried out in accordance with the guidelines of the Ministry of Finance.

Section 3

WAGE MANAGEMENT, REMUNATION, BONUSES FOR BOARD MEMBERS, GENERAL MANAGER, VICE GENERAL MANAGER, CHIEF ACCOUNTING OFFICER AND CHIEF EXECUTIVE OFFICER

What? 6. Rankings for membership in charge of the Board of Directors, General Manager, Deputy General Manager, Chief Accounting Officer

1. The payroll for membership in charge of the Board of Directors, General Manager, Deputy General Manager, Securities Chief Accounting is made in accordance with the regulation at Section 2 News No. 2. 19 /2013/TT-BLTBXH September 9, 2013 by the Ministry of Labor-Trade and Social Affairs guides the implementation of the wage regime, remunation, bonuses for Member Council Member or Chairman of the Company, Control Officer, General Manager or Director, Deputy General Manager or Director. Deputy Director, Chief Accounting Officer in LLC is a member of the state owned by the State.

2. When lining the salary under Article 1 This Article, the title of the Chairman of the Board of Directors of the Securities is transferred to the rank of Chairman of the Board of Experts or the Chairman of the Company in charge; the title of membership. The Board of Directors is transferred to the Board of Directors as a member of the Board.

What? 7. Identilocate payment of wages, remuners, bonuses and pay, remuners, bonuses

1. The determination of the wage fund, the planning of planning, wage repayment, remunation; determination of the wage fund, the repayment of the wage, the reward fund; pay, remunation, bonuses for the board member, General Manager, Deputy Director General, Accounting The stock organization is done in accordance with Articles 7, 8, 10, 11, 12; 1, 3, 5 Article 9; points b, c, d, clause 2 Article 9 Section 3. 19 /2013/TT-BLTBXH September 9, 2013 by the Ministry of Labor-Trade and Social Affairs.

2. When determining the amount of a member ' s executive salary in charge of the Board of Directors, General Manager, Deputy General Manager, Chief Accounting, the case of the securities organization securing enough conditions: preserving and developing state capital; paying the bank. book by regulation; profit made in the year higher than the operating profit of the previous year adjacent and the average labor productivity does not fall from the implementation of the previous year, the actual wage rate is as defined as follows:

TL bqth = TL cb + H in x TL cb (2)

In it:

-TL bqth : The average wage is done.

-TL cb : Basic salary according to point b, Clause 1 Article 8 Digital 19 /2013/TT-BLTBXH September 9, 2013 by the Ministry of Labor-Trade and Social Affairs.

-H in : The wage coefficient increased in comparison to the base salary tied to the profit increase as follows:

+ Profit made in the year compared to the previous year ' s implementation below 1.0% h in The maximum is 0.3.

+ Profit made in the year compared to the previous year ' s implementation up from 1% to less than 1.5% h in It ' s calculated to be 0.4.

+ The profit made in the year compared to the previous year ' s implementation increased from 1.5% or more h in The maximum is 0.5.

The case of securities organization guarantees protection and development of state capital; filing by regulation; profit made in the year higher than the current implementation of the previous year, but the average labor productivity (after the exclusion of objective factors). regulation) is lower than the previous implementation of the previous year, after determining that the average wage in the formula (2) of the company must reduce the wage in principle: one percent of the average labor productivity is done in the year compared to reality. Now, the next year, the next year is down, minus one percent of the average salary of the administration.

3. The average worker productivity makes the base determine the average wages made by the member of the Board of Directors, General Manager, Deputy Director General, Chief Accounting Officer of the Securities Regulation at Clap 2, Article 9, Section 3 Digital News 19 /2013/TT-BLTBXH September 9, 2013 of the Ministry of Labor-Trade and Social Affairs is carried out by regulation at Clause 2, Article 4 of this Information.

What? 8. exclusion of objective factors when determining wage fund, TB feud

The stock organization excluposes objective factors led by the State to raise or reduce state capital and the influence of the regulatory elements stipulated at Article 5 of this article to the state capital investment in the stock organization, labor productivity, profit margins. when we determine the salaries of the average wage, the wage fund, the remunation of the board member, the General Manager, the Deputy Director General, the Chief Accounting Officer.

Section 4

ORGANIZATION IMPLEMENTING AND PERFORMING PERFORMANCE

What? 9. The organization performs

1. The director general of the securities organization is responsible for carrying out regulatory duties at Article 12 Digital Digital. 18 /2013/TT-BLTBXH September 9, 2013 by the Ministry of Labor-Trade and Social Affairs.

2. The Board of Directors of the Securities Organization is responsible:

a) Perform tasks such as regulation to the Board of Member or Corporate Chairman at Article 13 Digital Information (s). 18 /2013/TT-BLTBXH And Article 13 Digital. 19 /2013/TT-BLTBXH September 9, 2013 by the Ministry of Labor-Trade and Social Affairs. When sending the paycheck reports, the bonus for the owner is simultaneously sending the Ministry of Labor-Trade and Social Affairs to follow the joint.

b) Define the pre-planned wage, pay up the salaries to the Board member at the same time determine the wage fund, the worker ' s wages payout.

c) Identitifully, the report of the owner of the wage method made, the bonus is accompanied by a report that evaluated the degree of duty of the Board member at the same time as the wage report, the worker's bounty.

d) Decide the wage of execution, reward and pay, bonuses for the Board member attached to the execution of the assignment after the report of the owner.

3. Members of the Control Board are responsible for carrying out the duties of the Control Board on the inspection, supervision, appraisal, petition of content management, salaries, regulatory bonuses at the Organization ' s Organizational And Operational Charter. securities issued by the Ministry of Finance.

4. The owner of the stock organization (the Ministry of Finance) is responsible:

a) The implementation of the prescribed duties at Article 15 Digital 18 /2013/TT-BLTBXH And Article 15 of the Digital 19 /2013/TT-BLTBXH September 9, 2013 by the Ministry of Labor-Trade and Social Affairs.

b) Take on, consider the wage method, the reward member of the Securities Board of the Securities Organization. In the case of the identification of a paycheck, the board member's prize money is not correct, and the Board of Directors of the Board of Directors organizes the revised stock, supplematuation by regulation.

What? 10. The effect of execution

1. This message has been in effect since 15 February 2014. The regulatory regimes at the same level are applied on 1 May 2013.

2. Stock organizations apply a safety reward, the amount of money spent between the shift to the worker and the regulatory officer under the regulation at Clap 5, Clap 6, Article 17 Digital. 18 /2013/TT-BLTBXH And paragraph 4, paragraph 5, Article 18 of the 19 /2013/TT-BLTBXH September 9, 2013 by the Ministry of Labor-Trade and Social Affairs.

In the course of execution if there is an entangrium, the agencies, the unit reflects on the Ministry of Labor-Trade and Society to guide the addition in time.

KT. MINISTER.
Chief.

(signed)

The Order of the Order