Circular No. 25/2011/TT-BLDTBXH guides the determination of salary grades for vocational college graduates, intermediate vocational school graduates, and primary vocational school graduates working in enterprises.

CIRCULAR

Guidelines on salary grading for vocational college graduates, intermediate vocational school graduates, and basic vocational school graduates working in enterprises

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

Pursuant to Decree No. 114/2002/NĐ-CP dated December 31, 2002 of the Government detailing and guiding the implementation of certain provisions of the Labor Code regarding wages;

Pursuant to Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government stipulating the wage scale and wage system and the allowance regime in state-owned enterprises;

To implement the guidance of the Deputy Prime Minister at Official Document No. 8411/VPCP-KTTH dated November 18, 2010 of the Government Office, after receiving opinions from relevant ministries and sectors, the Ministry of Labor - Invalids and Social Affairs hereby issues guidelines on salary grading for vocational college graduates, intermediate vocational school graduates, and basic vocational school graduates working in enterprises as follows:

Article 1. Scope of Regulation

1. State-owned joint stock company with a single member owned by the State and organizations, units currently applying wage scales and pay grades in state-owned companies issued pursuant to Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government;

2. Joint stock company (excluding the single-member joint stock company stipulated in Clause 1 above), joint stock corporation, limited liability company, private enterprise, foreign-invested enterprise that has not yet re-registered under point b, Clause 2 or has not yet converted under Clause 3, Article 170 of the Enterprise Law;

3. Cooperative, cooperative federation, production group, household, individual, and other organizations in Vietnam that hire labor under labor contracts;

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

The companies, enterprises, agencies, organizations, units, enterprises, and individuals specified in Clauses 1, 2, 3, and 4 of this Article hereinafter referred to collectively as enterprises.

Article 2. Applicability

1. Vocational college graduates, intermediate vocational school graduates, and basic vocational school graduates as prescribed by the Vocational Education Law working in enterprises as stipulated in Article 1 of this Circular.

2. Employers of enterprises as stipulated in Article 1 of this Circular.

3. Owners of enterprises as stipulated in Article 1 of this Circular, ministries, sectors, ministerial-level agencies, government agencies, provincial People's Committees, and municipal People's Committees directly under the central government.

Article 3. Salary Grading

1. Vocational college graduates, intermediate vocational school graduates, and basic vocational school graduates working in enterprises as stipulated in Clause 1, Article 1 of this Circular shall be graded according to the wage scale and pay grade in state-owned companies issued pursuant to Decree No. 205/2004/NĐ-CP as follows:

- Performing work corresponding to the position of staff officer or technical assistant shall be placed at level 2 of the position of staff officer or technical assistant according to the pay grade for professional and administrative staff.

- Performing work corresponding to the position of clerk then shall be placed at level 2 of the position of clerk; performing work corresponding to the position of service staff then shall be placed at level 3 of the position of service staff according to the pay grade for clerical and service staff.

- Performing work corresponding to workers or direct production and business staff in industries or industry groups of the seven-grade or six-grade wage scales then shall be placed at level 3 of the industry or industry group in the corresponding wage scale.

- Performing work corresponding to workers or direct production and business staff in positions of the pay grade for workers or direct production and business staff with three levels or more then shall be placed at level 2 of the corresponding position in the pay grade.

- Performing work corresponding to workers or direct production and business staff in positions of the pay grade for workers or direct production and business staff with two levels then shall be placed at level 1 of the corresponding position in the pay grade.

- Performing work corresponding to the position of staff officer or technical assistant then shall be placed at level 1 of the position of staff officer or technical assistant according to the pay grade for professional and administrative staff.

- Performing work corresponding to the position of clerk then shall be placed at level 1 of the position of clerk; performing work corresponding to the position of service staff then shall be placed at level 2 of the position of service staff according to the pay grade for clerical and service staff.

- Performing work corresponding to workers or direct production and business staff in industries or industry groups of the seven-grade or six-grade wage scales then shall be placed at level 2 of the industry or industry group in the corresponding wage scale.

- Performing work corresponding to workers or direct production and business staff in positions of the pay grade for workers or direct production and business staff then shall be placed at level 1 of the corresponding position in the pay grade.

c) For basic vocational school graduates:

- Performing work corresponding to the position of clerical and service staff then shall be placed at level 1 of the position of clerical and service staff according to the pay grade for clerical and service staff.

- Performing work corresponding to workers or direct production and business staff in industries or industry groups of the seven-grade or six-grade wage scales then shall be placed at level 1 of the industry or industry group in the corresponding wage scale.

- Performing work corresponding to workers or direct production and business staff in positions of the pay grade for workers or direct production and business staff then shall be placed at level 1 of the corresponding position in the pay grade.

2. Vocational college graduates, intermediate vocational school graduates, and basic vocational school graduates working in enterprises as stipulated in Clause 2, Clause 3, and Clause 4, Article 1 of this Circular shall be graded according to the wage scale and pay grade established and decided by the enterprise in accordance with Decree No. 114/2002/NĐ-CP dated December 31, 2002 of the Government and guiding documents of the Ministry of Labor - Invalids and Social Affairs; the specific wage rate shall be agreed upon between the worker and the employer but must ensure the principle of no discrimination between vocational college graduates, intermediate vocational school graduates from the vocational training system and vocational college graduates, intermediate vocational school graduates from the secondary vocational education system and higher vocational education system under the Education Law 2005.

Article 4. Organization of Implementation

1. The enterprise shall be responsible for establishing, reviewing, amending, and supplementing the technical grade standards for skilled workers, professional standards for civil servants, employees, salary scales, and wage tables established by the enterprise, which serve as the basis for determining wages and implementing wage grading for college-level vocational graduates, intermediate-level vocational graduates, and primary-level vocational graduates working in the enterprise in accordance with the provisions of this Circular.

2. College-level vocational graduates, intermediate-level vocational graduates, and primary-level vocational graduates currently working at enterprises specified in Clause 1, Article 1 of this Circular who are currently being paid less than the prescribed levels in this Circular shall have their wages adjusted to the correct level from the date this Circular takes effect.

3. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairpersons of People's Committees of provinces and centrally governed cities shall guide implementation, inspect, and supervise enterprises to comply with the provisions of this Circular.

Article 5. Implementation Provisions

1. This Circular shall take effect from November 15, 2011.

2. College-level vocational graduates, intermediate-level vocational graduates, and primary-level vocational graduates currently working at limited liability companies with one member owned by political organizations or social-political organizations, limited liability companies with two or more members, joint-stock companies converted from state-owned enterprises under the Enterprise Law, and other economic sectors that are currently applying the salary scale and wage table issued together with Decree No. 205/2004/ND-CP shall be graded according to the provisions of Clause 1, Article 3 of this Circular.

3. College-level vocational graduates, intermediate-level vocational graduates, and primary-level vocational graduates currently working at public institutions within enterprises that apply the salary scale and wage table issued together with Decree No. 205/2004/ND-CP or those public institutions that have independently established and decided on their own salary scales and wage tables shall be graded according to the provisions of this Circular.

4. College-level vocational graduates, intermediate-level vocational graduates, and primary-level vocational graduates currently working at state agencies, political organizations, social-political organizations, armed forces, and public institutions applying the wage system issued together with Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government shall follow the guidance of the Ministry of Home Affairs.

Any difficulties encountered during implementation should be reported to the Ministry of Labor - Invalids and Social Affairs for timely supplementary guidance./.