Circular No. 28/2007/TT-BLDTBXH amends Circular No. 13/2003/TT-BLDTBXH and Circular No. 14/2003/TT-BLDTBXH detailing the construction of wage scales and salary tables and the system for increasing salary grades for workers in enterprises. The new provisions aim to ensure the rights of workers and facilitate enterprises.
适用范围
Workers employed in enterprises operating under the Enterprise Law, foreign-invested enterprises, and organizations or international agencies from abroad in Vietnam.
要点
- Enterprises must establish wage scales and salary tables ensuring that the minimum difference between two consecutive salary grades is 5%, the lowest salary level is at least 7% higher than the regional minimum wage, and the salary for hazardous and dangerous jobs is 5% higher. Enterprises must register their wage scale and salary table before implementing them.
- Enterprises have the right to stipulate additional wage allowances or apply additional allowances prescribed by the Government to attract workers for jobs requiring higher responsibility or working in more hazardous or dangerous conditions.
- Enterprises must cooperate with the Trade Union Executive Committee to develop annual promotion regulations, publicly announce them, and plan the organization of salary grade promotions for workers.
- The system for promoting salary grades must be reflected in labor contracts and collective labor agreements.
- This Circular takes effect fifteen days after its publication in the Official Gazette.
🌐 本文件的社会影响
- Positive impact: Establishing a clear legal basis for the construction of wage scales, salary tables, and the system for promoting salary grades, ensuring the rights of workers.
- Negative impact: Administrative burden on enterprises when they must register their wage scale and salary table systems.
- Enterprises have additional opportunities to attract talent through the stipulation of additional wage allowances.
❓ 常见问题
What should enterprises do to establish wage scales and salary tables?
Enterprises must establish wage scales and salary tables ensuring that the minimum difference between two consecutive salary grades is 5%, the lowest salary level is at least 7% higher than the regional minimum wage, and the salary for hazardous and dangerous jobs is 5% higher.
What methods can enterprises use to establish wage scales?
Enterprises may choose the method set out in Appendix No. 1 attached to this Circular or apply another suitable method.
What is the deadline for registering the wage scale and salary table system?
For newly established enterprises after the effective date of this Circular, within six months from the date of commencement of operations. For existing enterprises that have already established wage scales and salary tables but have not yet registered or have registered but the established wage scales and salary tables do not comply with the provisions of this Circular, within three months.
How can enterprises apply additional wage allowances?
Enterprises have the right to stipulate additional wage allowances or apply additional allowances prescribed by the Government for state-owned enterprises to attract or encourage workers for jobs requiring higher responsibility or working in more hazardous or dangerous conditions.
What contents must the promotion regulation include?
The promotion regulation must include the following contents: the subjects eligible for promotion; the conditions and criteria for promotion and early promotion for each job title or group of job titles; the time limit for promotion for each job title or group of job titles; the time point for annual promotion review for workers.
全文
CIRCULAR
Amend Circular No. 13/2003/TT-BLDTBXH and Circular No. 14/2003/TT-BLDTBXH dated May 30, 2003 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 114/2002/NĐ-CP dated December 31, 2002 of the Government on wages.
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Implementing 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 on wages, the Ministry of Labor, War Invalids and Social Affairs issued Circular No. 13/2003/TT-BLDTBXH dated May 30, 2003 guiding the implementation of certain provisions of Decree No. 114/2002/NĐ-CP on wages for workers employed in enterprises operating under the Enterprise Law (hereinafter referred to as Circular No. 13/2003/TT-BLDTBXH) and Circular No. 14/2003/TT-BLDTBXH dated May 30, 2003 guiding the implementation of certain provisions of Decree No. 114/2002/NĐ-CP on wages for workers employed in foreign-invested enterprises and foreign or international organizations in Vietnam (hereinafter referred to as Circular No. 14/2003/TT-BLDTBXH).
Through the implementation process, some provinces, cities, and enterprises have proposed more detailed regulations on the contents regarding the establishment of wage scales and tables, and salary increase systems in Circular No. 13/2003/TT-BLDTBXH and Circular No. 14/2003/TT-BLDTBXH mentioned above. To create conditions for enterprises to implement the legal provisions correctly and ensure the rights of workers; after exchanging with the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, and related ministries and sectors, the Ministry of Labor, War Invalids and Social Affairs guides the amendment as follows:
1. Amend Clause 1, Clause 2 Section III of Circular No. 13/2003/TT-BLDTBXH and Clause 1, Clause 2 Section III of Circular No. 14/2003/TT-BLDTBXH as follows:
“1. The wage scale and table according to Clause 1 and Clause 3, Article 5 of Decree No. 114/2002/NĐ-CP shall be specified as follows:
a) Enterprises are responsible for establishing the wage scale, table, technical grade standards, job titles, and professional and vocational standards as the basis for signing labor contracts and collective labor agreements, determining the wage fund, paying wages, increasing salary grades, and resolving other benefits for workers.
b) The establishment of the wage scale and table must ensure the principles stipulated in Clause 1, Article 5 of Decree No. 114/2002/NĐ-CP, including:
- The distance between salary grades must ensure incentives for workers to improve their professional and technical skills, accumulate experience, and develop talents; the difference between the two lowest consecutive salary grades is 5%.
- The minimum wage level in the wage scale and table prescribed for jobs requiring vocational training must be at least 7% higher than the minimum regional wage level set by the Government;
- The wage level for hazardous or particularly hazardous jobs must be at least 5% higher than the wage level for jobs with normal working conditions. The list of hazardous or particularly hazardous jobs is implemented according to the regulations of the Ministry of Labor, War Invalids and Social Affairs.
c) Enterprises may choose the method in Appendix 1 attached hereto or apply another appropriate method to establish the wage scale and table.
d) When establishing or amending the wage scale and table, enterprises must consult the opinions of the Trade Union Committee or the Temporary Trade Union Committee and publicly announce it within the enterprise.
đ) Enterprises must register the wage scale and table system (including the amended and supplemented wage scale and table) with the provincial or centrally-administered municipal labor management agency where the employer's main office is located before implementing it in the enterprise, specifically:
- For newly established enterprises after this Circular takes effect, within six months from the date of commencement of operations, enterprises must establish and register the wage scale and table system.
- For enterprises currently operating that have already established the wage scale and table but have not registered or have already registered the wage scale and table system but the established wage scale and table does not comply with the provisions of this Circular, within three months from the date this Circular takes effect, enterprises must complete registration or amend and supplement and re-register the wage scale and table system in accordance with the regulations.
The wage scale and table registration dossier includes:
- A letter requesting registration;
- The wage scale and table system established or amended and supplemented by the enterprise;
- Regulations on standards and conditions applicable to each job title or group of job titles in the wage scale and table.
- Opinions of the Trade Union Committee or the Temporary Trade Union Committee in the enterprise.
e) Upon receiving the complete registration dossier, within fifteen days (working days), the provincial or centrally-administered municipal labor management agency where the employer's main office is located must issue a notification confirming the registration of the enterprise's wage scale and table system. Within this period, if it is found that the wage scale and table system established and registered by the enterprise does not comply with the provisions of Clauses 1 and 2 of Section III of this Circular, a written request must be made for the enterprise to establish it in compliance with the regulations. The provincial or centrally-administered municipal labor management agency has the responsibility to ensure the confidentiality of the enterprise's registered wage scale and table system.
2. Wage supplements
Enterprises have the right to stipulate wage supplements or apply wage supplement systems prescribed by the Government for state-owned companies to attract or encourage workers to perform jobs or work in hazardous or particularly hazardous environments that require higher responsibilities but are not included in the wage levels of the wage scale and table established by the enterprise.
A business shall register with the local state labor management agency the allowances and the salary grade structure and salary table of the business.
2. Amend Clause 4, Section V of Circular No. 13/2003/TT-BLDTBXH and Clause 4, Section V of Circular No. 14/2003/TT-BLDTBXH as follows:
“4. Salary increment system
The salary increment system under Clause 2, Article 6 of Decree No. 114/2002/NĐ-CP is specified as follows:
a) The business has the responsibility to cooperate with the Trade Union Committee at the workplace or the Temporary Trade Union Committee to establish the annual salary increment regulations. The salary increment regulations must ensure fairness, encourage employees with high professional skills and technical expertise who have made significant contributions to the business, and be publicly announced within the business.
The salary increment regulations must include the following contents:
- The subjects eligible for salary increments;
- The conditions and criteria for salary increments and early salary increments for each position or group of occupational positions or jobs;
- The time frame for salary increments for each position or group of occupational positions or jobs;
- The timing for annual salary reviews for employees.
b) Based on the salary increment regulations, the business shall annually develop plans and implement salary increments for employees and publicly announce them within the business.
c) The salary increment system for employees must be reflected in the labor contracts and collective labor agreements.”
3. This Circular takes effect fifteen days from the date of publication in the Official Gazette.
Repeal Clause 1, Clause 2, Section III and Clause 4, Section V of Circular No. 13/2003/TT-BLDTBXH dated May 30, 2003 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 114/2002/NĐ-CP dated December 31, 2002 of the Government on salaries for workers employed in businesses operating under the Enterprise Law; Clause 1, Clause 2, Section III and Clause 4, Section V of Circular No. 14/2003/TT-BLDTBXH dated May 30, 2003 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 114/2002/NĐ-CP dated December 31, 2002 of the Government on salaries for workers employed in foreign-invested enterprises and foreign or international organizations in Vietnam.
In the course of implementation, if there are any difficulties, the relevant ministries, provincial People's Committees, centrally-administered municipal People's Committees, and businesses are requested to report to the Ministry of Labor, War Invalids and Social Affairs for consideration and resolution./.
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