Circular No. 29/2012/TT-BLDTBXH guiding the Government's Decree No. 103/2012/NĐ-CP dated December 4, 2012 on the minimum wage levels for workers employed by enterprises, cooperatives, production cooperatives, farms, households, individuals, and organizations that hire labor.

CIRCULAR

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Pursuant to DecreeNo. 103/2012/ND-CP dated December 4, 2012 of the Government stipulates the minimum wage level regionally for workers working at enterprises, cooperatives,"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."cooperatives, farms, households, individuals and organizations hiring labor;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP 186/2007/ND-CP dated December 25, 2007 of the Government stipulates functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs promulgates this Circular guiding Decree No. 103/2012/ND-CP dated December 4, 2012 of the Government stipulating the minimum wage level regionally for workers working at enterprises, cooperatives,

Pursuant to DecreeNo. cooperatives, farms, households, individuals and organizations hiring labor;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsu t, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Minister of Labor, Invalids and Social Affairs issue this Circular Jointly Amending and Supplementing Circular Jointly Issued No. 68/2011/TTLT-BGDĐT-BNV-BTC-BLĐTBXHiPursuant to the request of the Director General of the Department of Vocational Education;

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

The Minister of Labor, Invalids and Social Affairs issues this Circular stipulating the adjustment rate for monthly salary and income already paid for social insurance;i103/2012/ND-CP dated December 4, 2012 of the Government stipulating the minimum wage level regionally for workers working at enterprises, cooperatives,"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."cooperatives, farms, households, individuals and organizations hiring labor;urinary cathetercooperatives, farms, households, individuals and organizations hiring labor;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP organizations hiring labor;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP hiring labor,

Article 1. Scope of Regulation

1. Enterprises established, organized to manage and operate under the Enterprise Law (including foreign-invested enterprises in Vietnam that have not re-registered according to point b, Clause 2, Article 170 of the Enterprise Law).

2. Cooperatives, cooperative unions, production cooperatives, farms, households, individuals and other Vietnamese organizations that hire labor.

3. Foreign agencies, international organizations and individual foreigners in Vietnam hiring labor (except where international treaties to which the Socialist Republic of Vietnam is a member provide otherwise).

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

Article 2. Applicability

1. Workers working under labor contracts as prescribed by the Labor Code.

2. Management officials paid salaries by enterprises, including: members of the Board of Directors, members of the Board of Members or Chairman of the company, General Director, Director, Deputy General Director, Deputy Director, Chief Accountant, Auditor and other management staff.

Article 3. Minimum Wage Levels

1. The regional minimum wage applicable to workers working at enterprises (hereinafter referred to as the regional minimum wage) is as follows:

a) VND 2,350,000 per month applicable to enterprises operating in areas within Region I.

b) VND 2,100,000 per month applicable to enterprises operating in areas within Region II.

c) VND 1,800,000 per month applicable to enterprises operating in areas within Region III.

d) VND 1,650,000 per month applicable to enterprises operating in areas within Region IV.

2. The areas applying the regional minimum wage are defined in the Appendix issued together with Decree No. 103/2012/ND-CP dated December 4, 2012 of the Government.

3. The application of the regional minimum wage level in certain specific cases is stipulated as follows:

a) Areas whose names have changed or been divided temporarily implement the regional minimum wage applicable to the area before the name change or division; if a new area is formed from areas with different regional minimum wages, it implements the regional minimum wage of the area with the highest regional minimum wage; if a provincial city is established from an area or multiple areas within Region IV, it implements the regional minimum wage applicable to areas within Region III.

b) Enterprises operating in contiguous areas with different regional minimum wages implement the regional minimum wage of the area with the highest regional minimum wage; if an enterprise has branches or subsidiaries operating in areas with different regional minimum wages, the branch or subsidiary operating in a particular area implements the regional minimum wage of that area.

c) Industrial zones and export processing zones located in areas with different regional minimum wages, enterprises operating in these industrial zones and export processing zones implement the regional minimum wage of the area with the highest regional minimum wage; if an industrial zone or export processing zone has sub-zones located in areas with different regional minimum wages, the enterprise operating in a sub-zone located in a particular area implements the regional minimum wage of that area.

b) The lowest wage paid to trained workers (including those trained by the enterprise itself) must be at least 7% higher than the minimum wage level for the region.

1. The regional minimum wage stipulated by the Government is the lowest wage level serving as the basis for enterprises and workers to negotiate wages for workers, but must ensure that the monthly wage paid to untrained workers performing the simplest work under normal working conditions, meeting the standard number of working days in a month and completing the agreed labor quota or work, does not fall below the regional minimum wage stipulated by the Government.

2. The lowest wage paid to trained employees (including employees trained by enterprises themselves) must be at least 7% higher than the minimum wage level prescribed by the Government.

Trained employees include:

- Those who have been granted vocational certificates, trade certificates, secondary vocational diplomas pursuant to Decree No. 90/CP dated November 24, 1993 on the structure of the national education system, qualifications and certificates in education and training;

- Those who have been issued vocational certificates or vocational diplomas in accordance with the Education Law in 1998 and the Education Law in 2005;

- Those who have been granted certificates under regular vocational training programs, primary vocational certificates, secondary vocational graduation certificates, higher vocational graduation certificates or have completed vocational training programs under vocational training contracts prescribed by the Vocational Training Law;

- Those who have been issued vocational certificates or diplomas from foreign training institutions;

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

3. The regional minimum wage stipulated by the Government serves as the basis for determining and adjusting wage levels for workers employed in enterprises that establish and issue wage scales and pay grades in accordance with labor laws as follows:

a) For enterprises that have established and issued wage scales and pay grades, they base their review and adjustment of wage levels in the wage scale and pay grade on the regional minimum wage stipulated by the Government, ensuring compliance with the principles of establishing wage scales and pay grades as prescribed by labor laws; determining and adjusting wage levels, wage allowances in employment contracts and other benefits for workers accordingly.

b) For enterprises that have not yet established wage scales and pay grades, they base their determination of wage levels when establishing wage scales and pay grades on the regional minimum wage stipulated by the Government, ensuring compliance with the principles of establishing wage scales and pay grades as prescribed by labor laws; determining and adjusting wage levels, wage allowances in employment contracts and other benefits for workers accordingly.

c) The adjustment of salary levels in the salary scale or wage table, or the determination of salary levels when establishing the salary scale or wage table, basic wages, and allowances in labor contracts and other benefits for employees as stipulated in points a and b of Clause 3 of this Article shall be agreed upon by the enterprise, the Trade Union Committee at the grassroots level, and the employees, but must ensure a reasonable balance in wages between untrained workers and trained workers and workers with high professional and technical qualifications; and between newly recruited workers and workers with seniority in the enterprise.

4. When applying the provisions of this Circular, enterprises shall not eliminate or reduce the wage systems for overtime work, night work, wages or allowances for working under harsh conditions, toxic environments, and material allowances for positions with heavy and toxic work, and other systems as prescribed by labor laws.

Any allowances, subsidies, or bonuses prescribed by enterprises shall be implemented according to agreements in labor contracts or collective labor agreements or in the enterprise's regulations.

5. Enterprises are encouraged to agree on applying a minimum wage higher than the regional minimum wage set by the Government as a basis for implementing the systems stipulated in Clause 3 of Article 4 of this Circular; paying wages to employees higher than those prescribed in Clause 1 and Clause 2 of Article 4 of this Circular.

Article 5. Effective Date

1. This Circular takes effect from January 25, 2013. The minimum regional wage at Article 3 and the systems prescribed in this Circular shall be applied from January 1, 2013.

2. This Circular replaces Circular No. 23/2011/TT-BLDTBXH dated September 16, 2011 of the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of the regional minimum wage for workers employed by companies, enterprises, cooperatives, production cooperatives, farms, households, individuals, and organizations hiring workers.

3. State-owned joint stock company with one member, state-owned enterprises that have not been converted into limited liability companies or joint stock companies, organizations, and units currently applying the wage system similar to state-owned enterprises or state-owned joint stock company with one member (hereinafter referred to as the company) when determining the unit price of wages for employees and the management staff wage fund according to Decree No. 206/2004/NĐ-CP dated December 14, 2004; Decree No. 207/2004/NĐ-CP dated December 14, 2004; Decree No. 86/2007/NĐ-CP dated May 28, 2007; Decree No. 141/2007/NĐ-CP dated September 5, 2007 of the Government shall choose and apply the minimum wage as follows:

a) For companies ensuring all conditions as prescribed in Circular No. 07/2005/TT-BLDTBXH, Circular No. 08/2005/TT-BLDTBXH dated January 5, 2005, and Circular No. 27/2010/TT-BLDTBXH dated September 14, 2010 of the Ministry of Labor, Invalids, and Social Affairs, may choose a higher minimum wage than the general minimum wage set by the Government for each period to determine the unit price of wages for employees and apply an additional adjustment factor to increase the management staff wage fund to determine the planned wage fund for management staff, but must ensure that the average planned wage increase (in percentage terms) of dedicated management staff compared to the actual implementation of the previous year (from the approved wage fund by the owner) does not exceed the average planned wage increase (in percentage terms) of employees.

b) For companies failing to meet the conditions as prescribed in Circular No. 07/2005/TT-BLDTBXH, Circular No. 08/2005/TT-BLDTBXH dated January 5, 2005, and Circular No. 27/2010/TT-BLDTBXH dated September 14, 2010 of the Ministry of Labor, Invalids, and Social Affairs, not building and reporting the unit price of wages or business plans resulting in losses or without profit, shall apply the general minimum wage set by the Government for each period to determine the unit price of wages, employee wage system fund, planned wage fund, implemented wage fund, and management staff wage system fund.

In the case of determining the implemented wage fund of employees, for employees whose wage system level (current salary coefficient according to the salary scale issued together with Decree No. 205/2004/NĐ-CP, Decree No. 204/2004/NĐ-CP of the Government multiplied by the general minimum wage) is lower than the regional minimum wage, the difference between the wage system level and the regional minimum wage can be added to the implemented wage fund and paid to employees.

c) Project Management Board of the company may choose to apply a higher minimum wage than the general minimum wage, but it shall not exceed the wage level chosen by the company to calculate the unit price of wages and must ensure that it does not increase the management cost of the Project Management Board to serve as the basis for establishing the wage fund to pay wages to employees.

d) When the Labor Code dated June 18, 2012 comes into effect, and regulations on the general minimum wage, salary scales, and wage tables are replaced by other documents, the provisions on the general minimum wage, salary scales, and wage tables mentioned above shall be implemented according to the regulations of the replacing documents.

4. The costs for implementing the regional minimum wage as prescribed in this Circular shall be accounted for in the production cost or business expenses of the enterprise.

5. The Minister, Head of a ministry equivalent to a ministry, Head of an agency under the Government, Chairman of the People's Committee of provinces and centrally governed cities shall be responsible for directing, urging, and inspecting enterprises to comply with the provisions of this Circular. During the implementation process, if there are difficulties, agencies, units, and enterprises are advised to report to the Ministry of Labor, Invalids, and Social Affairs for timely supplementary guidance.

During the implementation process, if there are difficulties, agencies, units, and enterprises are advised to report to the Ministry of Labor, Invalids, and Social Affairs for timely supplementary guidance.