The DECREE stipulates the minimum wage for employees working in companies, businesses, cooperatives, the cooperative farms, households, individuals and other organizations of Vietnam have hired laborers _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT 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, the cooperative farms, households, individuals and other organizations of Vietnam has hired labour, including: 1. limited liability company a member owned by the State are the Governing and operating under the enterprise law.
2. enterprises established, governing and operating under the enterprise law (excluding enterprises with foreign investment).
3. Cooperative, cooperative association, the cooperative farms, households, individuals and other organizations of Vietnam has hired labor.
Companies, businesses, organizations, individuals specified in the paragraph 1, 2 and 3 of this article referred to as the business.
Article 2. The minimum wage the minimum wage in the region to pay for workers doing simple work in normal labor conditions in the business prescribed in article 1 of this decree by region is as follows: 1. The level of 1,350,000/month apply for business activities on the geographical region I. 2. 1,200,000 VND/month rate applicable to active business on geographical region II.
3. The level of 1,050,000/month apply to the business of local activity in region III.
4. The level of 830,000/month apply for business activities on the geographical region IV.
Article 3. Geographical application of the minimum wage in the region are specified in annex I and annex II attached to this Decree.
Article 4. Applying the minimum wage 1. The business prescribed in clause 1 article 1 of this Decree was the choice of the minimum wage is higher than the minimum wage in the region by the provisions of article 2 of this Decree in order to calculate the unit cost of salary, the salary of Fund members professional Board member or President of the company who are dedicated to , General Director (Director), Vice President (VP), Chief Accountant and dedicated controllers but must ensure the conditions prescribed in point a clause 2 article 4 of Decree No. 88/2007/ND-CP on May 28, 2007 of the Government regulation of labor and wage management in the limited liability company a Member State by the State Department of 100% organic.
2. The business prescribed in clause 2 and clause 3 in article 1 of this Decree: a) to apply the minimum wage prescribed in article 2 of this Decree in order to calculate the wage scale in salary, payroll, salary, allowance, calculated the salary stated in labor contracts and make other mode due to the construction business and issued under the authority of labor law Regulation;
b) lowest salary 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;
c) encourage enterprises to implement higher minimum wage the minimum wage prescribed in article 2 of this Decree;
d) bases the minimum wage prescribed in article 2 of this Decree, enterprises to adjust wages in labor contracts accordingly.
Article 5. 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 in Vietnam, the ministries concerned and the people's committees of provinces and cities under central propaganda, disseminated to the workers, the employers and check monitoring the implementation of the minimum wage regulations in this Decree.
Article 6. Effect 1. The minimum wage prescribed in article 2 of this Decree shall be applied as follows: a) The geographical areas defined in annex I attached to this decree made from January 1, 2011.
b) the adjusted the minimum wage applies the provisions in annex II attached to this decree made from July 1, 2011.
2. Abolition of Decree 97/2009/ND-CP on October 30, 2009 by the Government stipulates the minimum wage for employees working in companies, businesses, cooperatives, the cooperative farms, households, individuals and other organizations of Vietnam has hired labor.
3. The parent company-State economic group in the time not yet built up a wage ladder system, payroll as stipulated in Decree No. 101/2009/ND-CP on November 5, 2009 the Government established, organization, operation and management of State economic Corporation, the State company has not transformed into a limited liability company membership , the Organization, the unit currently applied as salary mode in State companies continue to apply the system of salary adjustments increase more than the general minimum wage in order to determine unit cost of salary, salary Fund of the Board (or Board members), ceo (Director) specified in Decree No. 205/2004/ND-CP , Decree No. 206/2004/ND-CP, Decree No. 207/2004/ND-CP on December 14, 2004, Decree No. 141/2007/ND-CP DATED September 5, 2007 and the Decree No. 28/2010/ND-CP on March 25th, 2010 by the Government until the Government has new rules.
4. 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.