Circular No. 07/LDTBXH-TT guiding the implementation of salary regulations for workers and officials constructing the YALY hydroelectric project.

CIRCULAR

OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS

GUIDELINES FOR IMPLEMENTING THE WAGE REGIME FOR WORKERS AND OFFICIALS CONSTRUCTING THE YALY HYDROELECTRIC PROJECT

Pursuant to Decree No. 179/CP dated December 31, 1994 of the Government detailing and guiding the implementation of certain Articles of the Labor Code regarding wages, Decree No. 26/CP dated May 23, 1993 of the Government temporarily regulating the new wage regime in enterprises, and the opinion of the Prime Minister in Circular No. 6770/KTN dated December 31, 1996 of the Government on the wage regime for the Yaly Hydroelectric Project, after receiving the opinion of the Ministry of Industry in Circular No. 557 CV/TCCB dated February 25, 1997, and other relevant ministries, the Ministry of Labor, Invalids, and Social Affairs guides the implementation of the wage regime for workers and officials constructing the Yaly Hydroelectric Project.

I. REGIMES

In addition to the wage and bonus regimes stipulated in Circular No. 86/LĐTBXH-TL dated January 8, 1994 of the Ministry of Labor, Invalids, and Social Affairs, workers and officials directly involved in constructing the Yaly Hydroelectric Project shall also enjoy the following regimes:

1. For workers and officials directly engaged in construction within tunnels, the following regimes shall be applied:

a. The wage scale A5-Mining in Tunnels, issued together with Decree No. 26/CP dated May 23, 1993 of the Government, shall be used to calculate the unit price of wages and wage allowances for work performed within tunnels.

b. The special allowance prescribed in Decision No. 574/TTg dated November 25, 1993 of the Prime Minister at a rate of 50% of the salary grade and position shall be applied. This allowance shall be included in the unit price of wages.

c. The working regime of six hours per shift (three shifts, four teams) shall be applied to workers and officials engaged in construction within tunnels. The calculation of daily wages and hourly wages shall follow the provisions of Decree No. 197/CP dated December 31, 1994 of the Government and Circular No. 10/LĐTBXH-TT dated April 19, 1995 of the Ministry of Labor, Invalids, and Social Affairs.

2. For workers and officials directly engaged in construction outside tunnels (open-air), the special allowance prescribed in Decision No. 574/TTg dated November 25, 1993 of the Prime Minister at a rate of 30% of the salary grade and position shall be applied. This allowance shall be included in the unit price of wages.

3. For management, technical, and engineering staff (including both categories A and B), if they spend half a day or more working at the site, they shall also be entitled to the special allowance, specifically as follows:

- Working inside tunnels, a 50% allowance of the salary grade and position;

- Working outside tunnels (open-air), a 30% allowance of the salary grade and position.

II. IMPLEMENTATION

1. The Ministry of Construction shall provide specific guidance on incorporating the above regimes into the unit price of the construction budget based on the volume and quality of completed work. Common costs shall continue to be implemented according to the provisions of Document No. 03 BXD/VKT dated March 30, 1994 and Document No. 1790 BXD/VKT dated December 6, 1995 of the Ministry of Construction, except for adjustments to the increased wages and allowances specified in Points 1 and 2 of Section I above for management, technical, and engineering staff.

2. The Ministry of Industry shall guide Vietnam Electricity Corporation to monitor, inspect, and settle accounts strictly in accordance with the state-regulated regime, ensuring that it does not exceed the 110 billion dong limit set forth in Circular No. 6770/KTN dated December 31, 1996 of the Government.

3. The regimes outlined in these guidelines shall be implemented from January 1, 1997 until the completion of the project. For the year 1996, since the inter-ministerial proposal to the Prime Minister on the regimes was submitted at the beginning of the year but approved only at the end of the year, any un-settled work volume completed in 1996 shall also be adjusted and settled according to the regimes prescribed in this Circular.

Vietnam Electricity Corporation and Song Da Construction Corporation have the responsibility to accurately determine the additional costs incurred due to the implementation of the above regimes in 1996 and subsequent years, within the scope of the additional funding, without using this supplementary funding for other purposes. Every six months, the two corporations must report to the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Industry on the implementation of the regimes as prescribed, and the inter-ministry will organize inspections of the actual implementation.

During the implementation process, if there are difficulties, please promptly reflect them to the Ministry of Labor, Invalids, and Social Affairs for research and resolution.