Circular No. 28/2008/TT-BLDTBXH guides the determination of the unit wage rate for Vietnam Post Corporation according to Decision No. 65/2008/QD-TTg dated May 22, 2008 of the Government on providing public postal services.

CIRCULAR

Guidelines for determining the unit wage rate of Vietnam Post Corporation pursuant to Decision No. 65/2008/QD-TTg dated May 22, 2008 of the Prime Minister on the provision of public postal services

concerning the provision of universal postal services

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Pursuant to Decision No. 65/2008/QD-TTg dated May 22, 2008 of the Prime Minister on the provision of public postal services, the Ministry of Labor, Invalids and Social Affairs guides the implementation of the determination of the unit wage rate for Vietnam Post Corporation as follows:

I. OBJECTS, SCOPE OF APPLICATION AND PRINCIPLES FOR DETERMINATION

1. This Circular guides the determination of the unit wage rate for workers employed under labor contracts as stipulated in Decree No. 44/2003/NĐ-CP dated May 9, 2003 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on labor contracts and the wage fund of management staff working at Vietnam Post Corporation under Vietnam Posts and Telecommunications Group.

2. Principles for determination:

a. The wages of workers belonging to the public postal network, if they complete their assigned tasks, shall be determined stably from 2008 to 2010 not lower than the average actual wage level implemented in 2007 (the period before separation from telecommunications).

b. The unit wage rate for Vietnam Post Corporation shall be determined in conjunction with the annual volume quota for public postal services provided by the State according to point a, Clause 1, Article 5 of Decision No. 65/2008/QD-TTg dated May 22, 2008 of the Prime Minister. If the annual volume quota for public postal services provided by the State is exceeded, wages will increase; if it is not met, wages will decrease.

c. From 2011 onwards, the determination of the unit wage rate and the wage fund shall be carried out in accordance with the general regulations of the law on wages in state-owned enterprises.

II. DETERMINATION OF THE UNIT WAGE RATE APPLICABLE TO THE DEPUTY GENERAL MANAGER, CHIEF ACCOUNTANT, AND WORKERS EMPLOYED UNDER LABOR CONTRACTS

1. From 2008 to 2010:

a. To ensure that the wages of workers belonging to the public postal network remain stable for the first three years, from 2008 to 2010 compared to before the separation from telecommunications according to point a, Clause 1, Article 5 of Decision No. 65/2008/QD-TTg dated May 22, 2008 of the Prime Minister, the Deputy General Manager, Chief Accountant of the Corporation, and workers employed under labor contracts shall receive wages (including wages from providing public postal services ordered by the State and wages from other production and business activities) calculated based on the unit wage rate, with the calculation formula as follows:

Where:

-_dbis the number of authorized personnel (or standard personnel) determined according to Decision No. 65/2008/QD-TTg dated May 22, 2008 of the Prime Minister and guided in Circular No. 06/2005/TT-BLDTBXH dated January 5, 2005 of the Ministry of Labor, Invalids and Social Affairs.

- TL_bq is the actual average monthly wage implemented in the previous year.

- K is the annual volume quota increase for public postal services ordered by the State planned compared to the previous year's implementation, expressed as a percentage. For 2008, due to the recent separation from telecommunications, there are no benchmarks for comparison. The General Director of Vietnam Post Corporation shall base K on the workload and volume quota for public postal services and report to the Board of Directors of Vietnam Posts and Telecommunications Group for approval to determine the unit wage rate in line with reality.

- Planned total revenue is the production and business indicator used as the basis for determining the unit wage rate.

b. The planned wage fund of the Deputy General Manager, Chief Accountant, and workers employed under labor contracts shall be determined according to Clause 3, Section III of Circular No. 07/2005/TT-BLDTBXH dated January 5, 2005 of the Ministry of Labor, Invalids and Social Affairs.

c. The actual wage fund of the Deputy General Manager, Chief Accountant, and workers employed under labor contracts shall be determined according to Clause 4, Section III of Circular No. 07/2005/TT-BLDTBXH dated January 5, 2005 of the Ministry of Labor, Invalids and Social Affairs, where the actual wage fund based on the unit wage rate is determined based on the unit wage rate, actual total revenue, and adjusted according to the average productivity index of the Corporation.

2. From 2011 onwards, the determination of the unit wage rate, planned wage fund, and actual wage fund shall be carried out in accordance with general regulations.

III. DETERMINATION OF THE WAGE FUND OF THE GENERAL MANAGER OF VIETNAM POST CORPORATION

1. From 2008 to 2010:

a. The planned wage fund of the General Manager of the Corporation shall be calculated using the following formula:

V_qlkh= [TL_bq + (TL_bq x K/100% x 0,8 )] x 12 months

Where:

- 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:_qlkhis the planned wage fund of the General Manager of Vietnam Post Corporation.

- TL_bq is the actual average monthly wage implemented in the previous year.

- K is the annual volume quota increase for public postal services ordered by the State planned compared to the previous year's implementation, serving as the basis for calculating the unit wage rate according to Clause 1, Section II of this Circular.

b. The actual wage fund of the General Manager of the Corporation shall be determined based on the planned wage fund and adjusted according to the average productivity index of the Corporation.

2. From 2011 onwards, the determination of the unit wage rate, planned wage fund, and actual wage fund shall be carried out in accordance with general regulations.

IV. IMPLEMENTATION

1. The General Manager of Vietnam Post Corporation is responsible for:

a. In January each year, prepare plans for labor utilization, unit wage rates, and the wage fund of the General Manager of the Corporation according to these guidelines and report to the Board of Directors of Vietnam Posts and Telecommunications Group.

b. Perform the responsibilities prescribed for the General Director of state-owned enterprises as stipulated in Clause 1, Section IV of Circular No. 07/2005/TT-BLDTBXH dated January 5, 2005 and Clause 1, Section IV of Circular No. 08/2005/TT-BLDTBXH dated January 5, 2005 issued by the Ministry of Labor, Invalids and Social Affairs.

2. The Board of Directors of Vietnam Post and Telecommunications Group shall be responsible for balancing and deciding within its authority on the unit price of wages and wage fund of Vietnam Post Corporation in accordance with the guidelines set out in Section II of this Circular, and report to the Ministry of Information and Communications as the basis for determining wage costs within the allocated maintenance costs of the public postal network; report to the Ministry of Labor, Invalids and Social Affairs for monitoring and inspection.

3. The remuneration of rural mail carriers and laborers at Postal and Cultural Stations working for Vietnam Post Corporation shall be determined in accordance with Clause 1, Section II of the annex attached to Decision No. 65/2008/QD-TTg dated May 22, 2008 of the Prime Minister, wherein the minimum wage rate set by the State serves as the basis for determining remuneration, which is the minimum regional wage rate established by the Government for workers employed by companies, enterprises, cooperatives, production cooperatives, farms, households, individuals, and other organizations in Vietnam that hire labor. The remuneration of rural mail carriers and laborers at Postal and Cultural Stations shall not be included in the unit price of wages and wage fund of Vietnam Post Corporation.

4. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

Any difficulties encountered during implementation should be reported by the Ministry of Information and Communications, Vietnam Post and Telecommunications Group, and Vietnam Post Corporation to the Ministry of Labor, Invalids and Social Affairs for consideration and resolution./.