CIRCULAR additional amendments to circular No. 12/2003/TT-BLDTBXH dated May 30, 2003 of the Ministry of labor, invalids and Social Affairs guide done a number of articles of Decree 114/2002/ND-CP dated 31 December 2002 from the Government on the salary _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ implementation of Decree 114/2002/ND-CP dated 31 December 2002 from the Government detailing and guiding the implementation of a the number of articles of the labor code on salary, Ministry of labor, invalids and social has issued Circular No. 12/2003/TT-BLDTBXH dated May 30, 2003 Guide to perform a number of articles of Decree No. 114/2002/ND-CP dated 31 December 2002 from the Government about the salary for employees working in State enterprises (hereinafter referred to as the circular No. 12/ 2003/TT-BLDTBXH DATED).
Pursuant to Decree No. 205/2004/ND-CP on December 14, 2004 of the Government wage ladder system, payroll and salary allowances in the State companies; Decree No. 88/2007/ND-CP on May 28, 2007 of the Government regulation of labor and wage management in the limited liability company in a Member State by the owner of 100% of the Charter capital; Decree No. 141/2007/ND-CP dated 10 September 2007 the Government's salary mode against the company by the State as owners and subsidiaries of corporations; to the company to comply with the provisions of the labour laws and guarantee the rights of workers, after the Exchange with the ministries concerned Ministry of labour invalids and social guidance to modify, complement the circular No. 12/2003/TT-BLDTBXH DATED as follows: 1. Revise section I circular No. 12/2003/TT-BLDTBXH dated as follows : "i. scope and objects 1. Adjustment range a) State company is established, governing and operating under the State Enterprise Law, including:-State Corporation;
-Independent State company;
The parent company is the State-owned companies in the economic group led by the Prime Minister decided to establish or approve the scheme established and delivered to the Minister, the Ministerial agency heads, heads of government agencies, the Chairman of the provincial people's Committee, the central cities decided to establish;
The parent company is the State-owned companies in corporations or companies operating under the parent company-subsidiary;
-Corporation, the company's independent accounting members 100% state capital in corporations in time yet to convert and re-register as stipulated in Decree No. 139/2007/ND-CP dated 5 September 2007 the Government's instructions detailing the implementation of a number of articles in business law;
-Member company 100% independent accounting state capital corporation by the State investment decisions and established.
b) limited liability company of a Member State by the owner of 100% of the Charter capital is established, governing and operating under the enterprise law.
c) deposit insurance of Vietnam, Vietnam Development Bank, project management and construction of State institutions are applied as salary mode in State companies.
The company, the above mentioned rules organization known as the company.
2. apply object a) employees working under labor contracts regimen prescribed in Decree No. 44/2003/ND-CP dated 9 May 2003 from the Government detailing and guiding the implementation of some articles of The labor law on labor contracts.
b) members of the Management Board, the Supervisory Board members, members of the Council members (or President of the company), the Management Board members, the Director General, the Director, Deputy Director, Deputy Director and Chief Accountant (not including the ceo, Executive Director, Deputy Director, Deputy Director and Chief Accountant working under contract) ".
2. Amend paragraph 1, item 2 item II of circular No. 12/2003/TT-BLDTBXH DATED as follows: "II. The minimum wage the minimum wage according to article 4 of Decree 114/2002/ND-CP are specified as follows: under article 4 of Decree 114/2002/ND-CP, the company continued to apply the minimum wage provisions of Decree No. 166/2007/ND-CP on November 16, 2007 by government regulations and minimum wage Decree 167/2007/ND-CP on November 16, 2007 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 and the circular made until new regulations ".
3. Amend section III circular No. 12/2003/TT-BLDTBXH DATED as follows: "III. Salary scale, payroll and wage Scale salary allowances, payroll according to paragraph 4, article 5 of Decree 114/2002/ND-CP are specified as follows: Under paragraph 4, article 5 of Decree 114/2002/ND-CP, the company continued to apply the scale of salary, payroll and wage allowance under the provisions of Decree No. 204/2004/ND-CP , Decree No. 205/2004/ND-CP dated 14 December 2004 by the Government on the salary for public servants and the armed forces, the salary scale system regulations, payroll and salary allowances regime in State companies and the circular made until new regulations ".
4. Amend paragraph 1 of section VI Circular No. 12/2003/TT-BLDTBXH DATED as follows: "VI. Revision lifting mode 1. Lifting mode revision revision lifting mode according to item 2, article 6 of the Decree 114/2002/ND-CP DATED as follows: a) annually, based on the needs of work, production, business situation, after consultation of the Executive Board of the Union base or the provisional Trade Union Committee the company, planning and organization of raising the wage level for the workers who work in the company;
b) to base salary level for direct production labour, business is standard engineering ranks to assume; for professional service officer, Executive Officer, serves as the professional standards, professional officer and worked in the company;
c) review conditions to lift annual salary ranks are as follows:-Must complete regular assignments on the number, the quality stated in the employment contract signed;
-Not in the time being enforced labour discipline in accordance with The labor law and labor regulations of the company;
-For professional service officer, Executive Officer serves time keeping current salary ranks enjoy in business for at least 2 years (24 months enough) for the overall volume of salary weighting (1) 2.34 lower; at least 3 years (36 months enough) for the overall volume of salary weighting (1) from 2.34 over provisions in Decree No. 205/2004/ND-CP for employees directly produce business results achieved, raising the standard of degree level engineering work with assume If achieve ranks are arranged according to the wage level.
d) The case was lifted early revision, shortening the time limit for raising the wage level: in time to hold ranks specified in point c above, workers won in professional competitions, the technical level of the country or by international companies to attend; achieved the title of hero of labor, labor Medal, soldiers or national competition, the field, the Prime Minister's award, industry Manager, is considering raising the wage level soon as follows:-the most winners, second prize at the international level, the contest was soon 2 revision.
-Winners for the national competition, 3rd prize at the international contest, who was awarded the title of hero of labor, labor order ranked 1, 2, 3, soldiers nationwide competition as stipulated in Decree No. 121/2005/ND-CP dated 30 September 2005 from the Government detailing and guiding the implementation of a number of points of law merit emulation and the law amending and supplementing certain points of law merit emulation then upgrade soon 1 revision;
-The winner of the second prize at the national competition is shortening 2/3 the time limit for considering raising the wage level;
-Three winners at the national competition, who was awarded the commendation of the Prime shall be shortened there too 1/2 the time limit for considering raising the wage level;
-Who twice was awarded the order of merit, the soldier level emulation, the field was shortened a year (12 months) the time limit for considering raising the wage level;
The time of computer to enjoy the new wage level for people who upgrade to revision early and shorten the time limit for raising the wage level as follows:-people who are raising the salary ranks soon from an over, enjoying the new wage level since October have decided and reserve the time keeps old salary ranks to raise salary ranks next;
-People who are short of time to lift the wage level to enjoy the new wage level since may have decided to raise the wage level soon and lifting the next revision period since October have decided to enjoy the new wage level.
) limited case review revision: lift in time to hold ranks of salary, if the employee was disciplined labour under point b, paragraph 1, article 84 of the Labour Code extends the time limit for considering raising the salary level not exceeding 6 months.
e) must establish company level lifting wages Council to the Organization raising the wage level according to the plan. Composition the Board consists of the Director of the company, a number of members due to the choice of Directors and representatives of the Trade Union Committee of the Executive Board or the basis of the provisional Trade Union.
The Council of raising the wage level has responsibility announced plans to lift the wage level; upgrade exam for the rank organization employees direct, produce, business; consider raising the annual stipend level for professional officers, agents, employees, professional service.
g) enhanced mode for the wage level of workers must be expressed in labor contracts and collective labour agreements ".
5. additional new clause 2 on item VI Circular No. 12/2003/TT-BLDTBXH on raising the wage level for the members of the Board, General Director, Director, Deputy Director, Deputy Director and Chief Accountant are as follows:

The upgrade steps for the dedicated members of the Management Board, the members are dedicated to the Council members (or President of the company), members who are dedicated to the Management Board, General Director, Director, Deputy Director, Deputy Director and Chief Accountant of State company, limited liability company, a member by the State owns 100% of the Charter capital based on the conditions and goals standard lifting the revision as follows:-time keeping 1 from 3 years or more;
-Complete production plan, annual business;
-Do not violate the liability regime under the provisions of labour law;
-Not in the time being enforced discipline.
The case management officer corporate achievement as specified in paragraph 4 above shall also be lifted soon wage level or shorten the time raising the wage level, if this form of discipline reprimand or caution over being extended by 12 months compared to the allotted time.
6. Organize a) this circular have effect after 15 days from the Post Gazette.
b) annul paragraph 2 of section VI Circular No. 12/2003/TT-BLDTBXH dated May 30, 2003 of the Ministry of labor, invalids and Social Affairs Guide made the Decree 114/2002/ND-CP dated 31 December 2002 from the Government about the salary for employees working in State enterprises.
c) State companies has transformed the model limited liability company two members or more, the company operating under the enterprise law, if the continued implementation of the salary scale system, payroll and salary allowances regime due to government regulations, is to apply the provisions of this circular.
In the process of doing what obstacles, suggest the industry Manager, provincial people's Committee, central cities and companies reflect on the Ministry of labour, invalids and Social Affairs review, resolve./.