Decree 70/2010/nd-Cp: Prescribing The Minimum Wage For Employees Working In Companies, Businesses, Cooperatives, The Cooperative Farms, Households, Individuals And Agencies, ...

Original Language Title: Nghị định 70/2011/NĐ-CP: Quy định mức lương tối thiểu vùng đối với người lao động làm việc ở công ty, doanh nghiệp, hợp tác xã, tổ hợp tác, trang trại, hộ gia đình, cá nhân và các cơ quan, tổ...

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Pursuant to the law on organization of the Government of 25 December 2001;

The labor code base on 23 June 1994; Law on amendments and supplements to some articles of the labor code on 02 April 2002; Law on amendments and supplements to some articles of the labor code on June 29, 2006;

Pursuant to the law of business on November 29, 2005;

Considering the recommendation of the Minister of labor, invalids and Social Affairs, the DECREE: article 1. The object and scope of this Decree stipulates the minimum wage apply to workers working in companies, businesses, cooperatives, farms, households, individuals, agencies and organizations are hiring workers, including: 1. The business established, governing and operating under the enterprise law (including business for foreign capital investment in Vietnam).

2. Cooperative, cooperative association, the cooperative farms, households, individuals and other organizations of Vietnam has hired labor.

3. Agency, foreign organizations, international organizations and individual foreigners in Vietnam has hired labor (except in cases of international treaties to which the Socialist Republic of Vietnam is a member have other regulations with the provisions of this Decree).

Companies, businesses, agencies, organizations and individuals to the provisions in clause 1, 2 and 3 of this article referred to as the business.

Article 2. The minimum wage in the region of the minimum wage regulations apply from 1 January 2011 to 31 December 2012 as follows: 1. The level of 2,000,000 VND/month apply for business activities on the geographical region I.

2. The level of 1,780,000/month apply for business activities on geographical region II.

3. The level of 1,550,000/month apply to the business of local activity in region III.

4. Extent of 1,400,000/month apply for business activities on the geographical region IV.

Geographical application of the minimum wage is regulated in the appendix attached to this Decree.

Article 3. Applying the minimum wage 1. The minimum wage prescribed in article 2 of this Decree is the lowest wage as the basis for business and workers pay wage agreement for workers.

2. The level of the lowest wages paid to employees through apprenticeship (including labour business vocational self) to at least 7% higher than the minimum wage prescribed in article 2 of this Decree.

3. the minimum wage prescribed in article 2 of this Decree was used as a base to build the ladder in salary wages, payroll, payroll allowance, calculated the salary stated in labor contracts and make other mode due to the construction business and issued under the authority by labour law regulations.

4. the minimum wage base provided for in article 2 of this Decree, enterprises to adjust the salaries of the salary scale, salary table by the construction business and issued, wages in the labor contract in accordance with the agreement and the provisions of the labour law.

5. Encourage enterprises to pay wages for workers is higher than the minimum wage prescribed in article 2 of this Decree.

Article 4. Implementation 1. The Ministry of labor, invalids and Social Affairs is responsible for guiding the implementation of this Decree.

2. The Ministry of labour, invalids and Social Affairs, in collaboration with the Vietnam General Confederation of labour, the Chamber of Commerce and industry of Vietnam, ministries, agencies and people's committees of provinces and cities under central Government propaganda, disseminated to the workers, the employers and check monitoring the implementation of the minimum wage regulations in this Decree; Government reports reviewed, the decision to adjust the minimum wage according to the regulations.

Article 5. Effect 1. The Decree has effect from January 10, 2011.

2. Abolition of Decree 108/2010/ND-CP on October 29, 2010 by government regulation the minimum wage for employees working in companies, businesses, cooperatives, the cooperative farms, households, individuals and other organizations of Vietnam has hired labour; Decree No. 107/2010/ND-CP on October 29, 2010 by government regulation the minimum wage for labourers working for Vietnam business for foreign investment, foreign organizations, agencies, international organizations and individual foreigners in Vietnam; paragraph 3 article 7 of Decree 22/2010/ND-CP on January 4, 2011 by the Government of the general minimum wage regulations.

3. Encourage enterprises held among American workers. Mid-shift level by enterprises, Trade Union Committee of the facility or the provisional Trade Union Committee and the labor agreement, to ensure the quality of meals between shifts for workers.

4. limited liability company a Member State by State as owners, the parent company-State economic group in the time not yet built up a wage scale, payroll as stipulated in Decree No. 101/2009/ND-CP on November 5th, 2009 by the Government, State companies have yet to convert to limited liability company or joint-stock company , the Organization, the unit is currently applying the regime of salary as State companies are choosing higher minimum wages than the general minimum wage stipulated by the Government for determining the unit cost of labor wages and salaries of fund management officer from 2012 when the conditions as stipulated in Decree No. 206/2004/ND-CP on February 14th 12, 2004; Decree No. 207/2004/ND-CP on December 14, 2004; Decree No. 88/2007/ND-CP on May 28, 2007; Decree No. 141/2007/ND-CP dated 10 September 2007 of the Government and ensure the salary of officials not to exceed the increase of wages of workers. The case does not guarantee conditions due to government regulations that wages calculated according to the mode of workers is lower than the minimum wage prescribed in article 2 of this Decree shall be calculated by the minimum wage provisions of article 2 of this Decree.

5. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and agencies, enterprise is responsible for the implementation of this Decree.