Circular No. 18/2013/TT-BLDTBXH guiding the management of labor, wages, and bonuses for employees in state-owned limited liability companies with one member.

CIRCULAR

Guidelines for managing labor, wages, and bonuses for employees in a state-owned single-member limited liability company

worker in a joint stock company with a single member

where the State is the owner

_________________

Pursuant to DecreeNo. Labour, Invalids and Social Affairs, the Minister of Education and Training, the Minister of Civil Service issue this Joint Circular guiding the merger of Vocational Training Centers, Continuing Education Centers, Public Comprehensive Technical and Vocational Guidance Centers at the district level into Vocational Education and Continuing Education Centers; functions, tasks, authorities, and organizational structure of Vocational Education and Continuing Education Centers."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Deputy Prime Minister shall prescribe principles, criteria, allocation standards for central budget funds, and the proportion of counterpart local budget funds for implementing the Target Program for National Poverty Reduction for the period 2021-2025

Pursuant to DecreeNo. 50/2013/ND-CP dated May 14, 2013 of the Government on management of labor, wages, and bonuses for employees in a state-owned single-member limited liability company"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."the Government shall prescribe managementintention of labor, wages, and bonuses forNo.workers lin the company trresponsibility limited liability company where the State is the owner.

At the proposal of the Director of the Department of Labor and Wages;

The Minister of Labor, Invalids and Social Affairs issues this Circular to guide the implementation of labor management, wages, and bonuses for employees working under labor contracts (excluding the General Director or Director, Deputy General Director or Deputy Director, Chief Accountant working under labor contracts) in a state-owned single-member limited liability companyNo.compared to workers in a joint stock company with a single member where the State is the owner,

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GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the management of labor, wages, and bonuses for employees working under labor contracts (excluding the General Director or Director, Deputy General Director or Deputy Director, Chief Accountant working under labor contracts) in a state-owned single-member limited liability company, including:

1. Independent limited liability companies with sole member under Ministries, People's Committees of provinces and centrally governed cities.

2. A single-member limited liability company is the parent company of a state economic group, the parent company in the parent-subsidiary model decided by the Prime Minister, Minister, Chairman of the People's Committee of provinces and centrally-run cities to convert or establish.

Article 4. Principles for Determining and Paying Salaries, Fees, and Bonuses

Article 2. Applicability

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

2. The Board of Members or the Chairman of the Company, the General Director or Director, and the Supervisor of the Company.

3. Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally-run cities assigned or delegated to perform the rights, responsibilities, and obligations of the owner towards the company (hereinafter referred to collectively as the owner).

Agencies, organizations, and individuals related to the management of labor, wages, and bonuses for employees as stipulated in this Circular.

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LABOR MANAGEMENT

Article 3. Establishing a labor utilization plan

1. Annually, the General Director (Director) organizes a review of labor, labor norms, determines positions and job titles within each team, workshop, department as the basis for establishing a recruitment and utilization plan.

2. In January each year, based on production and business plans, previous labor utilization conditions, job positions and titles, labor norms, the General Director (Director) establishes a labor utilization plan, submits it for approval by the Board of Members (or the Chairman of the Company). The labor utilization plan includes the total number of workers needed, the quantity and quality of newly recruited workers according to job titles and positions; training and skill development plans for each type of worker. The company's labor utilization plan must be reported to the owner (with data according to form No. 1 in this Circular) before implementation.

3. Based on the labor utilization plan, the General Director (Director) implements recruitment according to the company's recruitment regulations and enters into labor contracts with newly recruited employees in accordance with labor laws. The General Director (Director) may not recruit additional workers without prior approval from the Board of Members (or the Chairman of the Company) for the annual labor utilization plan and must be responsible to the Board of Members (or the Chairman of the Company) for recruitment and utilization of workers, ensuring effectiveness.

Article 4. Evaluation of Labor Utilization Situation

1. In the fourth quarter of each year, the General Director (Director) shall organize the evaluation of the labor utilization situation according to the approved plan. The content of the evaluation must clearly analyze strengths, weaknesses, and limitations in recruitment and labor utilization, subjective and objective causes, responsibilities of the General Director (Director), and propose measures to address these weaknesses and limitations. The evaluation report shall be submitted to the Board of Members (or the Company Chairman) and the owner.

2. During implementation, if the actual number of workers exceeds the approved plan leading to unemployed workers or the quality of labor not meeting job requirements, the General Director (Director) shall implement measures to rearrange labor or provide training and retraining for these workers. If all measures have been taken but still cannot arrange employment, resulting in unemployment, and termination of the labor contract is necessary, the General Director (Director) must fully settle the benefits for the worker in accordance with labor laws.

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 DETERMINATION OF THE WAGE FUND

Article 5. Wage Fund Planograms andplan

1. The wage fund plan is determined based on the planned number of workers (or standard staffing level) and the average wage level plan as stipulated in Clause 2 of this Article.

2. The average wage level plan is determined based on the previous year's average wage level linked to productivity and profit targets compared to the previous year's actual performance, following the principle that productivity and profit increase leads to an increase in the average wage level; productivity and profit decrease leads to a decrease in the average wage level; and in the absence of profit or loss, the average wage level equals the average contractual wage.

The average contractual wage is the average of the wages recorded in the labor contracts of workers based on the wage scale or position in the salary grade table (excluding allowances and other supplements) established by the company in accordance with Article 93 of the Labor Code and Decree No. 49/2013/NĐ-CP dated May 14, 2013 of the Government detailing certain provisions of the Labor Code regarding wages and guidelines from the Ministry of Labor, Invalids, and Social Affairs.

3. For companies implementing public goods products or services ordered by the State or activities not aimed at profit, when determining the average wage level plan as stipulated in Clause 2 of this Article, the company may substitute the profit target with the volume of products or services. If the planned productivity and product or service volume do not increase compared to the previous year's actual performance due to limited product or service volumes ordered by the State or company tasks constrained by production or business conditions and technology, or if productivity increases but the growth rate is lower than the projected consumer price index for the year as per the National Assembly's Resolution on the annual socio-economic development plan, then the maximum additional amount added to the planned average wage level can equal the projected increase in the consumer price index for the year as per the National Assembly's Resolution.

Article 6. Basic Wage Rate

1. Depending on actual conditions and requirements, the company has the right to determine the basic wage rate to manage its production and business activities.

2. The basic wage rate shall be determined based on the planned wage fund and total revenue targets or total revenue minus total costs excluding wages or profits or units of product or other production and business efficiency indicators consistent with the nature of the company's operations.

Article 7. Advance Payment of Wages

1. Based on the planned wage fund, the usage situation of the wage fund from the previous year, and the expected level of achievement of production and business targets for the current year, the company shall advance the wage fund to pay employees.

2. The amount of advance payment of the wage fund shall be decided by the company as follows:

a) If the company plans to operate at a profit (with earnings), the maximum advance payment shall not exceed 80% of the actual wage fund implemented in the previous year. The actual wage fund implemented in the previous year is the wage fund that has been settled according to state regulations in the company’s financial report, including overtime pay, night shift pay, and salary for days off paid according to the Labor Code, but does not include the wage reserve transferred from previous years.

b) If the company plans to operate at a loss or without profit, it may only advance the wage fund up to the amount calculated based on the average contractual wage stipulated in Clause 2, Article 5 of this Circular.

c) In cases where the company expands production and business or invests in new projects requiring additional labor recruitment, it may advance additional wages for newly recruited workers, but the maximum average advance payment wage shall not exceed the average wage stipulated in points a or b of Clause 2 of this Article.

Article 8. Implementation of the wage fund

1. The actual payroll fund for employees is determined according to the following formula:

V_ENVIRONMENT = L_ttsd x TL_bqth x 12 + V_đt          (1)

- V (VND/year): is the total investment capital allocated annually for the usable area of social housing for rent, ensuring the preservation of capital, calculated according to the following formula:_ENVIRONMENT: Actual salary fund.

-_ttsd: The actual average number of employees used is determined according to the guidelines in Appendix I attached to this Circular.

- TL_bqth: The average wage implemented is determined according to the provisions of Clause 2 of this Article.

- 12: Number of months in the year, for companies newly established, the calculation is based on the actual number of months of operation.

- V (VND/year): is the total investment capital allocated annually for the usable area of social housing for rent, ensuring the preservation of capital, calculated according to the following formula:_đt: The difference in wages for full-time staff of mass organizations, which is paid by the organization, is calculated based on the actual average number of full-time staff of mass organizations and the difference between the average wage of full-time staff of mass organizations at the company higher than the average wage paid by the organization. The average wage of full-time staff of mass organizations at the company is determined based on the average wage used as the basis for determining the wage difference of the previous year of full-time staff of mass organizations according to state regulations and adjusted according to the average productivity and profit realized in the year compared to the previous year as stipulated in Clause 2 of this Article.

2. The average wage implemented is determined based on the average wage implemented in the previous year (according to the guidelines in Appendix I attached to this Circular) linked to the increase (or decrease) in average productivity and profit realized in the year compared to the average productivity and profit realized in the previous year as follows:

a) If the company's average productivity and profit realized in the year are higher than those of the previous year, the average wage implemented is determined as follows:

TL_bqth = TL_bqthnt + TL_ns + TL_In     (2)

Where:

- TL_bqth: Actual average wage level.

- TL_bqthnt: The average wage level implemented in the previous year.

- TL_ns: The additional wage according to average productivity, is determined by the formula:

- Electronic Information Portal_ENVIRONMENT and W_thnt: Average productivity realized in the year and average productivity realized in the previous year, calculated according to the guidelines in Appendix I attached to this Circular.

H_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.lns}: The wage increase factor according to the increase in average productivity realized in the year compared to the previous year, decided by the company not exceeding 0.8.

- TL_ln: The additional wage according to profit, is determined by the formula:

"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:_ENVIRONMENT st_thnt: Profit realized in the year and profit realized in the previous year, where profit realized in the year is the profit corresponding to the average wage implemented after determining the wages of employees according to productivity and the wage fund of the Board of Members or Chairman of the Company, Supervisor, General Director or Director, Deputy General Director or Deputy Director, Chief Accountant as stipulated in Circular No. 19/2013/TT-BLDTBXH dated September 9, 2013 of the Ministry of Labor, Invalids and Social Affairs.

The increase (in percentage terms) in the average wage implemented (after applying formula 2) compared to the average wage implemented in the previous year must be lower than the increase (in percentage terms) in average productivity realized in the year compared to the previous year.

b) If the company's average productivity and profit realized in the year are equal to those of the previous year, the average wage implemented is determined as the average wage implemented in the previous year.

c) If the company's average productivity and profit realized in the year are lower than those of the previous year, the average wage implemented is determined as follows:

TL_bqth = TL_bqthnt - TL_ns - TL_ln            (5)

Where:

- TL_bqth: Actual average wage level.

- TL_bqthnt: The average wage level implemented in the previous year.

- TL_ns: The amount of wage reduction according to average labor productivity, determined according to the formula:

- Electronic Information Portal_ENVIRONMENT and W_thnt: Average productivity realized in the year and average productivity realized in the previous year.

- TL_{lFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.}: The amount of wage reduction according to profit, determined according to the formula:

"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:_ENVIRONMENT st_thnt: Profit realized in the year and profit realized in the previous year, where profit realized in the year is the profit corresponding to the average wage implemented after determining the wages of employees according to productivity and the wage fund of the Board of Members or Chairman of the Company, Supervisor, General Director or Director, Deputy General Director or Deputy Director, Chief Accountant as stipulated in Circular No. 19/2013/TT-BLDTBXH dated September 9, 2013 of the Ministry of Labor, Invalids and Social Affairs.

The average wage implemented after applying formula (5) must ensure that it is not lower than the average contractual wage stipulated in Clause 2, Article 5 of this Circular.

d) If the company's average productivity is equal to or higher and profit realized in the year is lower than that of the previous year, the average wage implemented is determined as follows:

TL_bqth = TL_bqthnt + TL_ns - TL_ln           (8)

Within theshall:

- TL_bqth: Actual average wage level.

- TL_bqthnt: The average wage level implemented in the previous year.

- TL_ns: The additional wage according to average productivity, is determined by formula (3).

- TL_{lFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.}: The reduction in wage according to profit, is determined by formula (7).

d) For companies with average labor productivity lower and profit realized in the year equal to or higher than that of the immediately preceding year, the average wage level realized shall be determined as follows:

TL_bqth = TL_bqthnt - TL_ns + TL_ln           (9)

Where:

- TL_bqth: Actual average wage level.

- TL_bqthnt: The average wage level implemented in the previous year.

- TL_ns: The amount of wage reduction according to average labor productivity shall be determined according to formula (6).

- TL_{lFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.}: The additional amount of wage increase according to profit shall be determined according to formula (4).

e) For companies operating at a loss or without profit after excluding objective factors (if any), the average wage level realized shall be calculated based on the average contractual wage level stipulated in Clause 2, Article 5 of this Circular.

3. When determining the wage fund and the average wage level realized in accordance with the provisions of Clauses 1 and 2 of this Article:

a) Companies shall exclude objective factors affecting average labor productivity and realized profit, including:

- State intervention to stabilize the market or tax incentives for corporate income tax or requirements to increase depreciation to recover capital quickly.

- Companies implementing products or services with state-set prices or price management, implementing social welfare programs as prescribed by the Government; receiving or transferring the right to represent state-owned capital in restructured enterprises as directed by the Prime Minister; expanding production and business operations, making new investments. For lottery businesses, the difference (higher or lower) in actual payouts in the year compared to the previous year shall be excluded.

The exclusion of the above objective factors shall be carried out according to the principle that the portion of labor productivity and profit affected by objective factors must be quantified and calculated using specific data; objective factors increasing labor productivity and profit shall reduce the increased portion of labor productivity and profit, while objective factors decreasing labor productivity and profit shall be added to the decreased portion of labor productivity and profit, which will serve as the basis for determining the average wage level realized.

b) For companies implementing public utility products or services ordered by the State or companies operating not for profit-making purposes, when determining the corresponding average wage level realized for public utility products or services ordered by the State or non-profit activities, the company may substitute the profit indicator with the volume of products or services implemented. The average wage level realized shall be determined based on the average wage level realized of the immediately preceding year and adjusted (increased or decreased) according to the increase or decrease in labor productivity calculated based on the volume of products or services implemented in the year compared to the previous year.

In cases where labor productivity and the volume of products or services implemented are equal to those of the immediately preceding year due to limited volumes of state-ordered products or tasks of the company by production and business conditions or technology, or labor productivity increases but the increase is lower than the actual consumer price index increase in the year published by the General Statistics Office, the corresponding increase in the average wage level realized for public utility products or services or non-profit activities compared to the average wage level realized of the immediately preceding year determined by the company shall not exceed the maximum actual consumer price index increase in the year published by the General Statistics Office.

Article 9. Determination of remaining salary fund to be enjoyed

1. Based on the implemented salary fund as stipulated in Article 8 and the advance payment salary fund for employees as prescribed in Clause 1 and Clause 2, Article 7 of this Circular, the company shall determine the remaining salary fund to be enjoyed by employees. In cases where the company has made advance payments and salary disbursements exceeding the implemented salary fund, the excess amount must be repaid from the implemented salary fund of the following consecutive year.

2. For companies implementing public goods products and services ordered by the State, when determining the remaining salary fund according to the provisions of Clause 1 of this Article, the company must also base it on the difference between the average actual salary level (based on the actual consumer price index increase) as stipulated in Point b, Clause 3, Article 8 and the average planned salary level (based on the forecasted consumer price index increase) as prescribed in Clause 3, Article 5 of this Circular.

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DISTRIBUTION OF SALARIES AND BONUSES

Article 10. Distribution of salaries

1. Based on the implemented salary fund, the company shall establish a reserve fund to supplement the salary fund of the following consecutive year to ensure uninterrupted salary payments. The annual reserve level is decided by the General Director (Director) after consulting with the Company Trade Union Executive Board, but it shall not exceed 17% of the implemented salary fund. For production and business companies operating in agriculture, forestry, industrial crops, aquaculture, fishing, salt industry sectors, the annual reserve fund shall not exceed 20% of the implemented salary fund.

2. The company shall develop a salary distribution regulation based on job positions and titles, ensuring compliance with legal provisions, democracy, fairness, transparency, and linking to productivity, quality, and business efficiency, providing adequate compensation (without a maximum limit) for individuals with talent, professional expertise, high labor productivity, and significant contributions to the company. When developing the salary distribution regulation, the participation of the Company Trade Union Executive Board and employees is required.

3. Based on the implemented salary fund and the salary distribution regulation, the company shall pay salaries to employees. The company shall not use the employees' salary fund to pay members of the Board of Directors or the Chairman of the company, Supervisors, General Director or Director, Deputy General Director or Deputy Director, Chief Accountant, nor shall it use the employees' salary fund for other purposes.

Article 11. Bonus Fund and Distribution of Bonuses

1. The annual bonus fund from the company's incentive and welfare fund, in accordance with the Government's regulations on state capital investment in enterprises and financial management for enterprises wholly owned by the State, and guided by the Ministry of Finance.

2. The company shall establish a bonus system in compliance with legal provisions, ensuring democracy, transparency, and linking to productivity, quality, and business efficiency, encouraging individuals with talent, professional expertise, high labor productivity, and significant contributions to the company. When establishing the bonus system, the participation of the Company Trade Union Executive Board and employees is required.

3. Based on the bonus fund and the bonus system, the company shall implement bonuses for employees.

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RESPONSIBILITY FOR IMPLEMENTATION

Article 12. Responsibilities of the General Director or Director

1. Establish labor norms, labor utilization plans, assess labor utilization situations to report to the Board of Members or the Company Chairman; establish and promulgate recruitment regulations, labor utilization regulations, and organize labor recruitment in accordance with the provisions.

2. By no later than January 15 each year, determine the actual wage fund for the previous year linked to production and business performance indicators to report to the Board of Members or the Company Chairman for decision-making. The report on determining the actual wage fund must include explanations about the basis for establishing wages, and data from Form No. 2 attached to this Circular.

During the annual financial statement review process of the company, if there are changes in actual production and business performance indicators, determine and report to the Board of Members or the Company Chairman to adjust and officially decide on the actual wage fund for the previous year by no later than March 1 each year.

3. By no later than March 31 each year, determine the planned wage fund (accompanied by Form No. 3 attached to this Circular) to submit to the Board of Members or the Company Chairman for approval; decide on the establishment of unit wage prices, provisional advance wage funds to pay wages to workers.

4. By no later than July 15 each year, report to the Board of Members or the Company Chairman the implementation status of the wage fund and provisional advance wages linked to the first six months' production and business performance indicators, including consolidated data from Form No. 4 attached to this Circular.

5. Decide on the ratio of wage reserve extraction, bonus fund from the reward and welfare fund according to the company's regulations.

6. Organize reviews, amendments, supplements, or issuance of new wage payment regulations and bonus regulations after receiving opinions from the Board of Members or the Company Chairman; implement wage payments and bonuses to workers according to the company's wage payment and bonus regulations.

7. Regularly report to the Board of Members or the Company Chairman on labor conditions, wages, and bonuses; provide complete reports, documents, and data on labor, wages, and bonuses as required by the Inspector.

Article 13. Responsibilities of the Board of Members or the Company Chairman

1. Decide on production and business plans, labor utilization plans, and planned wage funds as stipulated in this Circular.

2. Examine and decide on the actual wage fund for the previous year linked to actual production and business performance indicators based on the proposal of the General Director (Director) of the company as stipulated in Clause 2, Article 12 of this Circular.

3. Report to the owner and simultaneously send the worker's wage information to the Inspector according to Forms No. 2, No. 3, and No. 4 attached to this Circular as follows:

a) By no later than February 15 each year, report the actual wage fund for the previous year accompanied by Form No. 2. In cases where the actual wage fund is adjusted as stipulated in Clause 2, Article 12 of this Circular, the report must be submitted by no later than March 15 each year.

b) By no later than March 31 each year, report on the determination of the planned wage fund accompanied by Form No. 3.

c) By no later than July 30 each year, report on the implementation status of the wage fund and provisional advance wages linked to the first six months' production and business performance indicators accompanied by Form No. 4.

For the parent company of state-owned economic groups, the parent company of special-class State-owned corporations, Vietnam Airports Corporation, Vietnam Air Traffic Management Corporation, Vietnam Northern Maritime Safety Assurance Corporation, Vietnam Southern Maritime Safety Assurance Corporation, and Vietnam Post Corporation, when reporting to the owner, they must also send to the Ministry of Labor, Invalids and Social Affairs for monitoring and supervision.

4. Direct the General Director (Director) to improve the organizational structure and personnel engaged in labor and wage management of the company to implement labor management, wage, and bonus management for workers in accordance with government regulations and this Circular.

5. Provide relevant documents and reports related to the implementation of wage systems, remuneration, and bonuses as required by the Inspector; review contents according to the Inspector's recommendations (if any) to direct the General Director (Director) to amend and supplement in accordance with the regulations.

Article 14. Responsibilities of the Inspector

1. Inspect, supervise, and periodically report to the owner on the implementation of labor management, salary, and bonus systems for members of the Board of Directors or the Chairman of the company, General Director or Director in accordance with the Government's regulations and this Circular.

2. Propose the Board of Directors or the Chairman of the company to amend or adjust if any non-compliant content is discovered during review and inspection processes. In case the Board of Directors or the Chairman of the company does not implement such adjustments, report to the owner for timely handling.

3. Review the determination of the actual salary fund to report to the owner within 15 days from receiving the report of the Board of Directors or the Chairman of the company; be responsible for the accuracy and honesty of the review report.

Article 15. Responsibilities of the Owner

1. Organize and guide the implementation of labor policies, salary, and bonus systems according to this Circular for companies assigned as owners.

2. Receive, monitor, and supervise the determination of the planned salary fund, the implementation of the salary fund, and advance salary payments for the first six months of the year of the company. If the determination of the salary fund or advance salary payments is found to be non-compliant, instruct the Board of Directors or the Chairman of the company to amend or supplement according to regulations.

3. Receive, monitor, and inspect reports from the Board of Directors or the Chairman of the company, and the Inspector regarding the actual salary fund and review objective factors affecting labor productivity and profit (if any).

In case non-compliant content is discovered, the owner must issue a document requesting the Board of Directors or the Chairman of the company to direct amendments or adjustments within 30 days from receipt of the report; simultaneously, depending on the severity of the violation, decide on disciplinary measures such as not increasing salaries, extending salary increment periods, reducing salary grades, deducting salaries, bonuses, or remuneration for the Chairman of the Board of Directors or the Chairman of the company.

4. Periodically organize inspections and supervision every six months on the implementation of labor policies and salary systems for companies assigned as owners.

5. By May 31 each year at the latest, report on the implementation of labor, salary, and bonus systems of the previous year and the construction of the planned salary fund for the next year for companies assigned as owners to the Ministry of Labor - War Invalids and Social Affairs according to Form No. 5 attached to this Circular.

Article 16. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. Implement tasks related to the rights and obligations of the owner towards a single-member limited liability company owned by the State as assigned by the Government.

2. Coordinate with the owner to supervise salaries, remuneration, and bonuses of employees in the parent company of economic groups, special-class state-owned corporations, Vietnam Air Traffic Management Corporation, Vietnam Civil Aviation Authority Corporation, Northern Vietnam Maritime Safety Assurance Corporation, Southern Vietnam Maritime Safety Assurance Corporation, and Vietnam Post Corporation:

a) Receive reports on the determination of the planned salary fund; the implementation of the salary fund and advance salary payments for the first six months of the year; the determination and decision on the actual salary fund of the company.

b) Review the determination of salaries in the company's reports and those of the owner according to state regulations.

c) Periodically coordinate with the owner every six months to organize inspections and supervision of the determination of the salary fund, advance salary payments, and salary disbursements by the company.

During the review, inspection, and supervision process, if non-compliant salary fund determinations or salary disbursements are discovered, provide comments for the owner to direct the company to adjust or rectify according to regulations.

3. Audit, inspect, and supervise the implementation of regulations stipulated in this Circular and compile labor, salary, and bonus situations of employees in companies, and periodically report to the Prime Minister.

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IMPLEMENTING PROVISIONS

Article 17. Effective Date

1. This Circular takes effect from October 25, 2013.

2. Circular No. 27/2010/TT-BLDTBXH dated September 14, 2010, issued by the Ministry of Labor - War Invalids and Social Affairs guiding the implementation of labor management, salary, remuneration, and bonus systems in single-member limited liability companies owned by the State; Circular No. 19/2007/TT-BLDTBXH dated October 4, 2007, issued by the Ministry of Labor - War Invalids and Social Affairs guiding the implementation of Decree No. 141/2007/NĐ-CP dated September 5, 2007, of the Government on salary systems for parent companies owned by the State and their subsidiaries in economic groups; Circular No. 07/2005/TT-BLDTBXH dated January 5, 2005, issued by the Ministry of Labor - War Invalids and Social Affairs guiding the implementation of Decree No. 206/2004/NĐ-CP dated December 14, 2004, of the Government on labor management, salary, and income in state-owned companies; Circular No. 09/2005/TT-BLDTBXH dated January 5, 2005, issued by the Ministry of Labor - War Invalids and Social Affairs guiding the calculation of average labor productivity and salary in state-owned companies according to Decree No. 206/2004/NĐ-CP dated December 14, 2004, of the Government and previous regulations contrary to this Circular cease to be effective from the date this Circular takes effect.

3. The provisions of this Circular shall be applied from May 1, 2013. The actual salary fund for 2013 of employees shall be determined in two phases (from January 1 to April 30 and from May 1 to December 31) according to the guidance provided in Appendix I attached to this Circular.

4. For companies without profit or with losses, during the period when they have not established a wage scale or wage list as prescribed in Article 93 of the Labor Code and Decree No. 49/2013/NĐ-CP dated May 14, 2013 of the Government, the average wage level under labor contracts for determining the actual wage fund shall be calculated based on the wage coefficient of workers according to Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government (averaged) multiplied by the general minimum wage set by the Government at the time of April 30, 2013 and multiplied by the consumer price index published by the General Statistics Office at the end of each year compared to the time of April 30, 2013. For workers whose wages (after being multiplied by the consumer price index) are lower than the regional minimum wage set by the Government for the operating area of the company at different periods, the worker's wage shall be calculated based on the regional minimum wage.

5. In addition to the actual wage fund calculated according to formula (1), workers in certain special industries also enjoy special benefits, including safety bonuses; diving allowances, sea travel allowances, and fresh water deficiency allowances as stipulated in Decision No. 234/2005/QĐ-TTg dated September 26, 2005, Decision No. 43/2012/QĐ-TTg dated October 12, 2012 of the Prime Minister, and Circulars guiding these provisions issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance.

6. The company continues to implement a maximum meal allowance of VND 680,000 per person per month for midday meals. The implementation of midday meal regulations shall follow the guidance provided in Circular No. 22/2008/TT-BLĐTBXH dated October 15, 2008 of the Ministry of Labor, Invalids and Social Affairs regarding the implementation of midday meal systems in state-owned enterprises.

Article 18. Application to companies and other organizations

1. The parent company - Military Telecommunications Group continues to apply the provisions of Decree No. 65/2011/NĐ-CP dated July 29, 2011 of the Government on piloting wage management for the parent company - Military Telecommunications Group during the period 2011-2013 and Joint Circular No. 26/2011/TTLT-BLĐTBXH-BQP dated November 12, 2011 of the Ministry of Labor, Invalids and Social Affairs and the Ministry of National Defense to determine the wage for 2013.

2. Organizations and units currently applying wage systems similar to those of state-owned enterprises before or limited liability companies wholly owned by the State as prescribed by competent state authorities, or limited liability companies wholly owned by the parent company as stipulated in Article 1 of this Circular, shall manage labor, wages, and bonuses for workers according to the provisions of this Circular and other documents as prescribed by the Government and the Prime Minister.

Article 19. Responsibility for Implementation

1. The Minister, Head of a ministry equivalent to a minister, Head of a government agency, Chairman of the People's Committee of provinces and centrally governed cities shall be responsible for directing, urging, and inspecting companies under their management to comply with the provisions of this Circular.

2. The Board of Directors or the Chairman of the parent company mentioned in Article 1 of this Circular shall organize labor, wage, and bonus management for workers employed in limited liability companies wholly owned by the parent company based on the content of labor, wage, and bonus management stipulated in this Circular.

3. Political organizations and political-social organizations shall consider and decide on the application of the provisions of this Circular to workers employed in limited liability companies wholly owned by themselves.

4. Agencies and organizations representing state capital in companies with controlling shares or contributions from the State shall direct the capital representatives to participate in decisions or propose to the Board of Directors or the Board of Members to make labor, wage, and bonus management decisions in companies with controlling shares or contributions from the State that are suitable to actual conditions and ensure overall state management.

During the implementation process, if there are difficulties, agencies, organizations, and companies are advised to reflect these issues to the Ministry of Labor, War Invalids and Social Affairs for timely supplementary guidance./.