The Decree 65/2009/nd-Cp: Pilot Salaries For The Parent Company-Military Telecommunications Corporation In The Period 2011-2013

Original Language Title: Nghị định 65/2011/NĐ-CP: Thực hiện thí điểm tiền lương đối với Công ty mẹ - Tập đoàn Viễn thông Quân đội giai đoạn 2011 - 2013

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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 and the Minister of defence, article 1 of the DECREE. Scope this Regulation Decree implemented salary management pilot for the parent company-military telecommunications Corporation (hereafter referred to collectively as the military telecommunications Corporation) the period 2011-2013.

Article 2. Application object 1. General Manager, Deputy General Director, Chief Accountant and controller.

2. Officers, professional military personnel, defence officials and employees working under labor contracts regimen prescribed by the labour code (hereafter referred to collectively as the workers).

3. individual organizations specified in article 6, article 7, article 8 and article 9 of this Decree.

Article 3. Classified salary and salary allowance Of the Director, Deputy Director, Chief Accountant, controllers and employees of military telecommunications corporations are continuing to wage, salary allowance arrangements according to the salary scale, payroll and salary allowances stipulated in Decree No. 204/2004/ND-CP dated 14 December 2004 by the Government on the salary mode for officers , public servants and the armed forces, Decree No. 205/2004/ND-CP on December 14, 2004 of the Government wage ladder system, payroll and salary allowances regime in State companies and to Decree 146/2007/ND-CP dated 10 September 2007 the Government's salary mode for the parent company owned by the State and the subsidiaries of corporations until the military telecommunications Corporation built the lift wages, payroll as defined in paragraph 3 article 6 of this decree or Government Regulation.

Article 4. Payroll management for employees 1. A labor management) based on volume, quality, requirements, production, business, telecommunication corporations annual military identified the employers plan, Department of Defense report before making comments.

b) on the basis of employer plans has been the Defense Department's comments, military telecommunications corporations directly recruited by labor recruiting regulations of corporations and labor contracts under the provisions of the labour law.

c) every year, the telecommunications conglomerate responsible military reviews plans and employers resolve labor for mode does not work according to the rules of labour law.

2. salary management a) Ministry of defence, in coordination with the Ministry of labor, invalids and Social Affairs, the Ministry of finance a stable price of salary to the total revenue minus total costs do not yet have the salary for military telecommunications Corporation in the period 2011-2013. Unit price stable delivery salary is determined on the basis of the unit cost average salary calculated according to the norm of the revenue minus total costs not yet have salaries of military telecommunications Corporation in fact performed in the period 2007-2010.

b) when doing price stable salary as defined in point a of this paragraph, the Telecom Group army must ensure sufficient conditions:-complete the good defense duties, security was the party and State Affairs.

-Submit the State budget according to the provisions of the law.

-Increase the average salary is lower than the average labor productivity increase.

-The profits made are higher than annual profits made last year by at least 5% of the adjacent.

c) salary Funds made their annual military telecommunications corporations is determined on the basis of the unit cost of salary specified in point a, point b of this clause and targets total revenue minus total costs actual wage yet have done. The case, the military telecommunications Corporation does not guarantee profit targets and labour productivity defined in point b of this clause must be reduced to ensure wages fund the conditions prescribed.

d) base salary Fund to implement the provisions in point c of this paragraph, military telecommunications corporations have the responsibility of building regulation for salaried workers to ensure democracy, fairness, transparency, wages to the level of complete production tasks, business, workers are encouraged to have talent qualified technical expertise, high labour productivity, contribute more to the military telecommunications corporations.

When building regulations, telecommunications corporations pay the military must take the opinion of the Trade Union Committee of the group, reports the Ministry of defence's comments before implementation and dissemination to individual workers.

Article 5. Manage the salary for the President, Vice President, Treasurer, controller 1. Salary and salary allowance of the Director General, Deputy Director, Chief Accountant, Comptroller is included in the price of Telecom Corporation salary the army as stipulated in item 2 article 4 of this Decree.

2. Base salary funds made provisions in point c of paragraph 2 article 4 of this Decree, the military telecommunications corporations determine the salary Fund, made for the salaries Of the Director, Deputy Director, Chief Accountant, Comptroller under regulation of salaries, guaranteed salary tied to the level of complete production tasks business, responsible for executive management of the Director General, Deputy Director, Chief Accountant, Comptroller and a reasonable correlation between the type of labour in the group. Wage regulation with respect to the Director General, Deputy Director, Chief Accountant, Comptroller was built along with the regulation of pay for workers specified in point d of paragraph 2 article 4 of this Decree and Defense Ministry report before making comments.

Article 6. The responsibility of military telecommunications corporations 1. The first quarter of every year, building employer plans, the plan total revenue minus total costs have not had wages, profit plan, fund plan the year's salary to the plan; the aggregate results of production, profit, business, labor, wages, bonuses in front of the group, reports the Ministry of defence, the Ministry of labor, invalids and Social Affairs, the Ministry of finance to oversee, check.

2. Determine the salary Fund made annually; building regulations of pay as specified in clause 2 article 4 d and item 2 article 5 of this Decree.

3. Pursuant to Decree No. 101/2009/ND-CP on November 5, 2009 the Government established, organization, operation and management of State economic Corporation and the current rules, construction wage scale, the Defense Department reports payroll comments to apply within the group.

4. Third quarter of 2013, sum, reports the Ministry of defence, the Ministry of labor, invalids and social results of salary management pilot for military telecommunications Corporation in the period 2011-2013.

Article 7. The responsibility of the Ministry of defence 1. Hosted, in cooperation with the Ministry of labor, invalids and Social Affairs, the Ministry of finance affairs unit price stable salary as defined in point a, point b item 2 article 4 of this Decree; make check, monitoring the implementation of salary management pilot for military telecommunications Corporation under the provisions of this Decree.

2. Comments on the plan, employers wages, payroll and wage regulation of Telecom Group army.

Article 8. The responsibility of the Ministry of labor, invalids and Social Affairs 1. In coordination with the Defense Department to check and supervise the implementation of salary management pilot for military telecommunications Corporation under the provisions of this Decree.

2. Guide the military telecommunications Corporation of elevator construction wages, payroll as defined in paragraph 3 article 6 of this Decree.

3. The fourth quarter of 2013, summarizing, evaluating the results of salary management pilot for military telecommunications Corporation in the period 2011-2013 according to the provisions of this Decree, the Prime Minister's report.

Article 9. Effect 1. The Decree has effect from the date of September 15, 2011.

The provisions in this Decree was implemented from 1 January 2011 to 31 December 2013.

2. The Ministry of labour, invalids and Social Affairs, in collaboration with the Ministry of defence, the Ministry of finance and the relevant guidelines for implementing this Decree.

3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, and the Director General of military telecommunications Corporation is responsible for the implementation of this Decree.