GOVERNMENT DECREE stipulates the GOVERNMENT minimum wage law on organization of the Government base on December 25, 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;
Pursuant resolution No. 17/2003/QH11 on 04 November 2003 about State budget estimates in 2004 and resolution No. 19/2003/QH11 on November 16, 2003 on the 2004 National Assembly mission XI;
According to the recommendation of the Minister of labor, invalids and Social Affairs, the DECREE: article 1.
1. the general minimum wage provisions to pay for workers doing simple work in normal labor conditions.
2. the general minimum salary is 290,000/month.
The general minimum wage was adjusted depending on the level of economic growth, the living price index and labour supply and demand in each period.
Article 2.
1. the general minimum wage rate prescribed in this Decree was used to calculate the base salary in salary scale system, payroll, salary allowance levels in the public sector, calculation of the salary stated in labor contracts for the construction business, payroll wage scale under the provisions of labour law and make some other mode to employees under the law.
2. the general minimum wage rate prescribed in this Decree shall apply to: a) State agencies, business units, armed forces, political organization, social-political organizations;
b) companies operating under the law on State enterprises, including State-owned companies; the company's independent accounting of Members Of the company by the State investment decisions and established;
c) company, the business operating under the enterprise law;
d) cooperatives, the cooperative farms, households, individuals and other organizations have hired labor.
3. the general minimum wage rate prescribed in clause 2, article 1 of this Decree also applies to computer account retrenchment for the number of years worked from 2003 onwards for redundant workers under Decree No. 41/2002/ND-CP dated 11 April 2002 from the Government on the policy for workers redundant due to the reorganization of State-owned enterprises , Decree No. 155/2004/ND-CP dated 10 August 2004 from the Government amended and supplemented Decree No. 41/2002/ND-CP and the for the job due to downsizing according to resolution No. 16/2000/NQ-CP dated 18 October 2000 of the Government on the payroll in the administrative , business units, resolution No. 9/2003/NQ-CP dated 28 July 2003 of the Government about amending and supplementing resolution No. 16/2000/NQ-CP (the number of years of work from 2002 and earlier is calculated according to the guidelines before 1 January 2003).
Article 3.
1. adjustment factor increased more than the general minimum wage applies in the State bodies, business units, armed forces, political organization, social-political organizations is made according to the regulations of the Government, depends on the ability of the State budget and paid sources.
2. the adjustment coefficient increased more than the general minimum wage for the calculation of the unit cost of salary applicable in the company operating under the State Enterprise Law is made according to the regulations of the Government, depending on productivity, operational efficiency, manufacturing business.
The adjustment factor of increased prescribed in clause 1 and clause 2 of this Thing is not used to calculate close, enjoy social insurance regime, health insurance and make some other mode as specified by the law.
3. The companies and enterprises operating under the enterprise law; the cooperative, the cooperative farms, households, individuals and other organizations have hired labour is entitled to certain minimum wage is higher than the general minimum wage rate prescribed in this Decree.
Article 4.
1. The Ministry of labour, invalids and Social Affairs, after obtaining the opinion Of Vietnam Labor Union, representatives of the employers and the ministries concerned the Government announced the minimum wage for each period, the adjustment coefficients increased more than the general minimum wage applies in companies operating under the State Enterprise Law.
2. The Ministry of the Interior, in coordination with the Ministry of finance and the Ministry of industry, the related government regulations increased adjustment factor than the general minimum wage applies in the State bodies, business units, armed forces, political organization, social-political organizations.
Article 5.
1. This Decree shall be enforceable after 15 days from the date The report.
2. The provisions of this Decree shall be performed from 1 October 2004.
3. Annulment of article 1 paragraph 1; item 2 article 4 and item 2 article 6 of Decree 11/2003/ND-CP dated 15 January 2003 by the Government on regulating wages, social assistance and innovation a step in management salaries.
4. for Vietnam labor work in businesses that have invested overseas in Vietnam continue to apply minimum wage as defined in decision No 53/1999/QD-TTg dated 26 March 1999 from the Prime Minister's about some measures to encourage foreign direct investment.
Article 6. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.