Decree 31/2012/nd-Cp: General Minimum Wage Regulations

Original Language Title: Nghị định 31/2012/NĐ-CP: Quy định mức lương tối thiểu chung

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THE GOVERNMENT.
Numbers: 31 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 12, 2012

DECREE

General Minimum Wage Regulation

________________

Government Law Base December 25, 2001;

The Labor Code base on June 23, 1994; Law Amendment, additional provisions of the Labor Code dated 2 April 2002; Amendment Law, additional provisions of the Labor Code of June 29, 2006; Amendment Law, Additional Article 73 of the Ministry of Labor Law. labour law dated 02 April 2007;

Base of Resolution. 14 /2011/QH13 November 10, 2011 of the National Assembly for the 2012 state budget bill;

At the suggestion of the Minister of Labour-Trade and Social Affairs, the Minister of Internal Affairs and Minister of Finance;

The government issued a decree regulating the minimum wage.

What? 1. Common minimum wage

The overall minimum wage from 1 May 2012 was 1,050,000 per month.

What? 2. Subject and scope applicable

The overall minimum wage stipulated at this decree applies to cadres, civil officials, officials, armed forces, and workers working in the agencies, units, organizations:

1. State Agency, Armed Forces, political organization, political organization-society.

2. The career unit of the State; the career unit of the political organization, the political-social organization.

3. The LLC is a member of the state owned by the owner of the organization and operates under the Enterprise Law.

What? 3. Apply Common minimum wage

The common minimum wage at this decree is used as a basis for:

1. Charge the salaries in the payroll system, payroll, salary cap and execution of a number of other regimes according to the rule of law on the cadres, civil officials, officials, the armed forces subjects and workers who work in other institutions. Of course, the unit, the organization stipulated at Article 2 of this decree.

2. Calculation since 1 May 2012 onwards for the excess labour of the United States General Assembly. 91 /2010/NĐ-CP August 20, 2011 of the Government's policy of regulation of government workers is to rearrange the limited liability company a member owned by the State.

3. Charge of the quotation and the regimes to be enjoyed according to the common minimum wage.

What? 4. Cost of implementing a common minimum wage

1. The cost of execution to the subjects provided by the state budget from the sources:

a) Using 10% of the regular cost savings (excluding wages and payable sums) under the bill was granted the 2012 delivery authority of the administrative body, the career unit.

b) Using a minimum of 40% of the proceeds left in the 2012 regime of the administrative organs, the career unit is obtained. In terms of medical career units, using a minimum of 35% of the income left in the regime (after the exception of the cost of drugs, blood, fluids, chemicals, consumerants, alternative supplies).

c) Using 50% of the increase in local budget revenues, does not include an increase in the amount of land use (including 50% of the revenue raised compared to the 2011 collection) Government of the Government delivered and 50% increased revenue in 2012 compared to the 2011 collection of the prime minister. It's over.

d) The cost of the implementation of the wage reform remaining until the end of 2011 of the administrative body, the career unit, and local budget levels.

The central budget added funding to make a common minimum wage in the case of ministries, central agencies and provinces, the Central City of Central made the right regulations at Point a, b, c, and Point 1 Article 1 This is but not. Still missing.

e) The central budget that supports difficult, unbalanced local budgets is sourced to a two-thirds average relative to the overall minimum wage for non-professional activists, wards, towns, in hamlet and neighborhood nests defined in accordance with regulations. at the General Decree 92 /2009/NĐ-CP October 22, 2009 Government.

2. The funding makes a general minimum wage for workers working in the regulatory firms at Section 3 Article 2 due to the firm's assurance and accounting at the cost or cost of the production of business.

What? 5. Action Guide

1. The Ministry of Labor-Trade and Social Affairs after taking the opinion of the Vietnam Labor Federation, the employer representing the employer and the Ministry, the guidance sector performs a general minimum wage for the LLC a member of the State of Vietnam. to be the owner; guide to the prescribed allowance at paragraph 2 Article 3 This decree is for the excess worker by the Digital Protocol. 91 /2010/NĐ-CP August 20, 2010.

2. The Ministry of Internal Affairs chaired, in coordination with the Ministry of Finance and the Ministry, the relevant sector implementing a common minimum wage for the agency, the unit, the organization stipulated at Clause 1 and Section 2 Article 2 of this decree.

3. The Ministry of Defence, the Ministry of Public Security after unification with the Ministry of Internal Affairs, the Ministry of Finance instructed to make a general minimum wage on the subjects of the management range.

4. Ministry of Finance chaired, in coordination with the Ministry, the relevant sector responsible:

a) Guide the calculation, balance the funding to perform the general minimum wage in accordance with the provisions at Clause 1 Article 4 This decree.

b) The authority and the addition of the funding of the general minimum wage for ministries, central agencies and provinces, the central city of the Central to the stipulated cases at Point 1 Article 4 This decree and the guarantee of an additional source of the purpose. It ' s difficult for these countries to be defined by the provisions of Article 1 Article 4 of this decree and the combined report of the Prime Minister.

What? 6. Effect of execution

1. This decree has been in effect since 1 June 2012.

The stipulation at this decree was established on 1 May 2012.

2. Repeal Decree 22 /2011/NĐ-CP April 4, 2011 of the Government rules the minimum wage.

What? 7. The organization performs

The ministers, the Prime Minister, the Head of the Government, the Chairman of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung