Decree No. 157/2018/ND-CP stipulates the minimum wage levels for workers under labor contracts in different regions.

DECREE

REGULATING THE MINIMUM WAGE LEVEL FOR LABOR CONTRACTS IN DIFFERENT REGIONS

On the basis of The Law on Archives dated November 11, 2011;

On the basis of The Labor Code on June 18, 2012;

On the basis of The Enterprise Law on November 26, 2014;

Decree No. 07/2021/NĐ-CP

The Government issues this Decree to regulate the minimum wage level for workers employed under labor contracts.

Article 1. Scope of Regulation

This Decree regulates the minimum wage levels applicable to workers employed under labor contracts as stipulated in the Labor Code.

Article 2. Applicability

1. Employees work under labor contracts as prescribed by the Labor Code.

2. Enterprises established, managed, and operated according to the Enterprise Law.

3. Cooperatives, cooperative federations, production cooperatives, farms, households, individuals, and other organizations of Vietnam that hire laborers under labor contracts.

4. Foreign organizations, international organizations, and foreign individuals in Vietnam that hire workers under labor contracts (except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise).

Enterprises, cooperatives, cooperative unions, production cooperatives, farms, households, agencies, organizations, and individuals specified in Clauses 2, 3, and Clause 4 of this Article shall hereinafter be collectively referred to as enterprises.

Article 3. Minimum Wage Levels

1. The minimum wage levels applicable to workers employed in enterprises are as follows:

a) VND 4,180,000 per month, applicable to enterprises operating in areas within Region I;

b) VND 3,710,000 per month, applicable to enterprises operating in areas within Region II;

c) VND 3,250,000 per month, applicable to enterprises operating in areas within Region III;

d) VND 2,920,000 per month, applicable to enterprises operating in areas within Region IV.

2. The geographical areas to which the minimum wage levels apply are defined at the district, county, town, and provincial city administrative levels. The list of geographical areas applying the minimum wage levels for Regions I, II, III, and IV is set forth in the Appendix attached hereto.

Article 4. Principles for Applying Minimum Wage Levels by Region

1. Enterprises operating in which area shall apply the minimum wage level prescribed for that area. In cases where an enterprise has branches or subsidiaries operating in different areas with different minimum wage levels, the branch or subsidiary operating in which area shall apply the minimum wage level prescribed for that area.

2. Enterprises operating in industrial zones or export processing zones located in different areas with different minimum wage levels shall apply the minimum wage level of the area with the highest minimum wage level.

3. Enterprises operating in areas where there have been changes in names or divisions shall temporarily apply the minimum wage level prescribed for the area before such changes until the Government issues new regulations.

4. Enterprises operating in newly established areas from one or more areas with different minimum wage levels shall apply the minimum wage level of the area with the highest minimum wage level. In cases where enterprises operating in newly established provincial cities are formed from one or more areas within Region IV, they shall apply the minimum wage level prescribed for the remaining provincial city area as specified in Section 3 of the Appendix attached hereto.

Article 5. Application of the minimum wage level for regions

1. The minimum wage levels prescribed in Article 3 of this Decree serve as the lowest basis for enterprises and workers to negotiate and pay wages, ensuring that the wage paid to workers performing work under normal working conditions, completing the agreed-upon workload or tasks within the standard working hours in a month, must meet the following requirements:

a) Not lower than the minimum wage level for workers performing the simplest jobs;

b) At least 7% higher than the minimum wage level for workers performing jobs requiring vocational training or education as stipulated in Clause 2 of this Article.

2. Employees who have completed vocational training or vocational education include:

a) Persons who have been issued vocational certificates, diplomas, vocational high school diplomas, vocational secondary school diplomas, college diplomas, general university certificates, bachelor's degrees, master's degrees, or doctoral degrees pursuant to Decree No. 90/CP dated November 24, 1993 of the Government regulating the structure of the national education system, educational qualifications, and training certificates;

b) Persons who have been issued vocational high school diplomas, vocational training diplomas, college diplomas, university diplomas, master's degrees, doctoral degrees, vocational education certificates, higher education certificates, and regular education certificates pursuant to the Education Law of 1998 and the Education Law of 2005;

c) Persons who have been issued vocational training certificates, primary vocational certificates, intermediate vocational certificates, advanced vocational certificates, or have completed vocational training programs under vocational training contracts as stipulated in the Vocational Training Law;

d) Those who have been issued a national vocational skills certificate according to the provisions of the Labor Law;

d) Persons who have been issued vocational education certificates for primary, intermediate, and advanced levels, regular vocational education, and other vocational training programs as stipulated in the Vocational Education Law;

e) Persons who have been issued graduation diplomas for higher education training levels as stipulated in the Higher Education Law;

g) Those who have been issued certificates and qualifications from foreign educational institutions;

h) Those who have been trained in vocational skills by enterprises or self-taught and have been tested and assigned to work requiring vocational training by enterprises.

3. When implementing the minimum wage levels prescribed in this Decree, enterprises may not abolish or reduce wage supplements for overtime work, night work, work performed under harsh or hazardous conditions, or supplementary benefits in kind for hazardous occupations, or other benefits as prescribed by labor laws. Additional allowances, bonuses, and subsidies determined by the enterprise shall be implemented according to agreements in labor contracts, collective labor agreements, or enterprise regulations.

Article 6. Effectiveness and Responsibility for Implementation

1. This Decree takes effect from January 1, 2019. Decree No. 141/2017/NĐ-CP dated December 7, 2017 of the Government regulating the minimum wage levels for workers employed under labor contracts shall cease to be effective from the date this Decree takes effect.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees directly under the Central Government, and relevant organizations and enterprises shall be responsible for implementing this./.

 

ANNEX

LIST OF AREAS APPLYING THE MINIMUM WAGE LEVEL FROM JANUARY 1, 2019
(Attached to Decree No. 157/2018/NĐ-CP dated November 16, 2018 of the Government)

1. Region I, including the following areas:

- Districts and counties Gia Lam, Dong Anh, Soc Son, Thanh Tri, Thanh Xuan, Hoai Duc, Thach That, Quoc Oai, Thanh Oai, Me Linh, Chuong My, and Son Tay town in Hanoi city;

- Districts and counties Thuy Nguyen, An Duong, An Lao, Vinh Bao, Tien Lang, Cat Hai, Kien Thuy in Hai Phong city;

- Districts and counties Cu Chi, Hoc Mon, Binh Chanh, Nha Be in Ho Chi Minh City;

- City Bien Hoa, town Long Khanh and districts Nhon Trach, Long Thanh, Vinh Cuu, Trang Bom in Dong Nai Province;

- City Thu Dau Mot, towns Thu An, Di An, Ben Cat, Tan Uyen and districts Bau Bang, Bac Tan Uyen, Dau Tieng, Phu Giao in Binh Duong Province;

- Vung Tau city and Phu My town in Ba Ria-Vung Tau province.

2. Region II, including the following areas:

- Remaining counties in Hanoi city;

- Remaining counties in Hai Phong city;

- Hai Duong city in Hai Duong province;

- City Hung Yen and districts My Hao, Van Lan, Van Giang, Yen My in Hung Yen Province;

- The cities of Vinh Yen, Phuc Yen and the districts of Binh Xuyen, Yen Lac in the province of Vinh Phuc;

- City Bac Ninh, town Tu Son and districts Que Vo, Tien Du, Yen Phong, Thu Thuan, Gia Binh, Luong Tai in Bac Ninh Province;

- Cities Ha Long, Cam Pha, Uong Bi, Mong Cai in Quang Ninh Province;

- Cities Thai Nguyen, Song Cong and town Phu Yen in Thai Nguyen Province;

- The city of Viet Tri in the province of Phu Tho;

- The city of Lao Cai in the province of Lao Cai;

- The city of Nam Dinh and the district of My Loc in the province of Nam Dinh;

- The city of Ninh Binh in the province of Ninh Binh;

- The city of Hue in the province of Thua Thien Hue;

- Cities Hoi An, Tam Ky in Quang Nam Province;

- The districts under the city of Da Nang;

- The cities of Nha Trang, Cam Ran in the province of Khanh Hoa;

- The cities of Da Lat, Bao Loc in the province of Lam Dong;

- The city of Phan Thiet in the province of Binh Thuan;

- County Can Gio in Ho Chi Minh City;

- City Tay Ninh and districts Trang Bang, Go Dau in Tay Ninh Province;

- Counties Ding Quan, Xuan Loc, Thong Nhat in Dong Nai Province;

- Town Dong Xoei and county Chon Thanh in Binh Phuoc Province;

- The city of Ba Ria in the province of Ba Ria - Vung Tau;

- The city of Tan An and the districts of Duc Hoa, Ben Luc, Thu Thu, Can Doc, Can Gioc in the province of Long An;

- The city of My Tho and the district of Chau Thanh in the province of Tien Giang;

- The districts under the city of Can Tho;

- City Rach Gia, town Ha Tien and district Phu Quoc in Kien Giang Province;

- The cities of Long Xuyen, Chau Doc in the province of An Giang;

- The city of Tra Vinh in the province of Tra Vinh;

- City Ca Mau in Ca Mau Province;

- City Dong Hoi in Quang Binh Province;

3. Region III, including the following areas:

- The remaining provincial cities (excluding the provincial cities mentioned in Region I and Region II);

- Town Chi Linh and counties Cam Giang, Nam Sach, Kim Thanh, Kinh Mon, Gia Loc, Binh Giang, Tu Ky in Hai Duong Province;

- The districts of Vinh Tuong, Tam Dao, Tam Duong, Lap Thach, Song Lo in the province of Vinh Phuc;

- The town of Phu Tho and the districts of Phu Nin, Lam Thao, Thanh Ba, Tam Nong in the province of Phu Tho;

- The districts of Viet Yen, Yen Dun, Hiep Hoa, Tan Yen, Lang Giang in the province of Bac Giang;

- Towns Quang Yen, Dong Trieu and district Hoanh Bo in Quang Ninh Province;

- Counties Bao Thang, Sa Pa in Lao Cai Province;

- The remaining districts in the province of Hung Yen;

- The districts of Phu Binh, Phu Luong, Dong Hy, Dai Tu in the province of Thai Nguyen;

- County Luong Son in Hoa Binh Province;

- The remaining districts in the province of Nam Dinh;

- Counties Duy Tien, Kim Bang in Ha Nam Province;

- The districts of Gia Vien, Yen Khanh, Hoa Lu in the province of Ninh Binh;

- Town Bim Son and county Tinh Gia in Thanh Hoa Province;

- The town of Ky Anh in the province of Ha Tinh;

- The towns of Huong Thuy, Huong Tra and the districts of Phu Loc, Phong Dien, Quang Dien, Phu Vang in the province of Thua Thien Hue;

- The town of Dien Ban and the districts of Dai Loc, Duy Xuyen, Nui Thanh, Que Son, Thang Binh, Phu Ninh in the province of Quang Nam;

- The districts of Binh Son, Son Tinh in the province of Quang Ngai;

- Town Song Cau and county Dong Hoa in Phu Yen Province;

- The districts of Ninh Hai, Thuan Bac in the province of Ninh Thuan;

- The town of Ninh Hoa and the districts of Cam Lam, Dian Khanh, Van Ninh in the province of Khanh Hoa;

- The district of Dak Ha in the province of Kon Tum;

- The districts of Duc Trong, Di Linh in the province of Lam Dong;

- The town of La Gi and the districts of Ham Thuong Bac, Ham Thuong Nam in the province of Binh Thuan;

- Towns Phuoc Long, Bin Long and counties Dong Phu, Hon Quan, Loc Ninh, Thu Rieng in Binh Phuoc Province;

- The remaining districts in the province of Tay Ninh;

- The remaining districts in the province of Dong Nai;

- The districts of Long Dien, Dat Doc, Xuyen Moc, Chau Duc, Con Dao in the province of Ba Ria - Vung Tau;

- The town of Kien Tuong and the districts of Duc Hieu, Chau Thanh, Tan Tru, Thanh Hoa in the province of Long An;

- The towns of Go Cong, Cai Lay and the districts of Cho Gao, Tan Phuoc in the province of Tien Giang;

- County Chau Thanh in Ben Tre Province;

- Town Binh Minh and county Long Ho in Vinh Long Province;

- The districts under the city of Can Tho;

- Counties Kien Luong, Kien Hai, Chau Thanh in Kien Giang Province;

- The town of Tan Chau and the districts of Chau Pu, Chau Thanh, Thoai Son in the province of An Giang;

- Town Nghe Bai and counties Chau Thanh, Chau Thanh A in Hau Giang Province;

- The town of Duyen Hai in the province of Tra Vinh;

- Town Gia Rai in Bac Lieu Province;

- The towns of Vinh Chau, Ngia Nam in the province of Soc Trang;

- The districts of Nam Can, Cai Nuoc, U Minh, Tran Van Thoi in the province of Ca Mau;

- The districts of Le Thuy, Quang Ninh, Bo Trach, Quang Trach and the town of Ba Don in the province of Quang Binh.

4. Region IV, including the remaining areas./.