Circular No. 33/2013/TT-BLDTBXH guiding the implementation of the minimum wage for workers employed in enterprises, cooperatives, production cooperatives, farms, households, individuals, and organizations that hire labor.

CIRCULAR

Guidance on implementing the minimum wage level for workers employed

in enterprises, cooperatives, production cooperatives, farms, households, individuals

and other agencies and organizations that hire labor

________________

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The Minister of Labor - Invalids and Social Affairs issues this Circular guiding the implementation of labor management, wages, remuneration, and bonuses in organizations established and operating under the single-member limited liability company model owned by the State as stipulated by the Securities Law.

The Minister of Labor, Invalids and Social Affairs issues this Circular guiding the implementation of the regional minimum wage for workers employed in enterprises, cooperatives, production cooperatives, farms, households, individuals and other agencies and organizations that hire labor,

Article 1. Scope of Regulation and Applicability

This Circular guides the implementation of the regional minimum wage applicable to workers under labor contracts and managerial staff managed by enterprises, cooperatives, production cooperatives, farms, households, individuals and other agencies and organizations that hire labor and pay salaries, including:

1. Enterprises established, organized and operating under the Enterprise Law (including foreign-invested enterprises in Vietnam that do not re-register 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 foreign individuals in Vietnam that hire labor (except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise).

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

Article 2. Regional Minimum Wage Level

1. The regional minimum wage level is stipulated in Clause 1, Article 3 of Decree No. 182/2013/NĐ-CP dated November 14, 2013 of the Government (hereinafter referred to as the regional minimum wage level) as follows:

a) A monthly rate of VND 2,700,000 applicable to enterprises operating in areas within Region I.

b) A monthly rate of VND 2,400,000 applicable to enterprises operating in areas within Region II.

c) A monthly rate of VND 2,100,000 applicable to enterprises operating in areas within Region III.

d) A monthly rate of VND 1,900,000 applicable to enterprises operating in areas within Region IV.

2. The areas to which the regional minimum wage level applies are stipulated in the Appendix issued together with Decree No. 182/2013/NĐ-CP dated November 14, 2013 of the Government.

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

a) In cases where there is a change in the name or division of an area, the regional minimum wage level shall be implemented according to the regional minimum wage level applicable to the area before the name change or division; if a new area is formed from areas with different regional minimum wage levels, the regional minimum wage level shall be implemented according to the highest regional minimum wage level among those areas; if a provincial-level city is established from an area or multiple areas within Region IV, the regional minimum wage level shall be implemented according to the regional minimum wage level applicable to areas within Region III;

b) For enterprises operating in contiguous areas with different regional minimum wage levels, the regional minimum wage level shall be implemented according to the highest regional minimum wage level among those areas; for enterprises with branches or subsidiaries operating in contiguous areas with different regional minimum wage levels, the branch or subsidiary operating in a particular area shall implement the regional minimum wage level applicable to that area;

c) Industrial zones and export processing zones located in areas with different regional minimum wage levels, enterprises operating in such industrial zones and export processing zones shall implement the regional minimum wage level according to the highest regional minimum wage level among those areas; if an industrial zone or export processing zone has sub-zones located in areas with different regional minimum wage levels, the enterprise operating in a sub-zone located in a particular area shall implement the regional minimum wage level applicable to that area.

Article 3. Application of the minimum wage level

1. The minimum wage level prescribed by the Government shall be the lowest wage used as a basis for enterprises and employees to agree on wages paid to employees, but it must ensure that the monthly wage paid to untrained employees performing the simplest work under normal working conditions, ensuring the full time worked in a month and completing the agreed production quota or workload is not lower than the minimum wage level prescribed 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 issued vocational certificates, vocational diplomas, or vocational secondary school diplomas in accordance with Decree No. 90/CP dated November 24, 1993 of the Government stipulating the structure of the national education system, educational and training qualifications and certificates;

- 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 issued certificates from regular vocational training programs, primary vocational certificates, vocational secondary school diplomas, vocational college diplomas, or have completed vocational training programs as stipulated in 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 minimum wage level prescribed by the Government shall serve as a basis for determining and adjusting wage levels in the wage scale and pay grade of enterprises and the wage levels recorded in labor contracts of employees in accordance with labor laws as follows:

a) For enterprises that have established and promulgated wage scales and pay grades, they shall base the minimum wage level prescribed by the Government to determine and adjust wage levels in the wage scale and pay grade, but must ensure the principles of establishing wage scales and pay grades in accordance with labor laws; determine and adjust wage levels and allowances in labor contracts and other benefits for employees in a suitable manner;

b) For enterprises that have not established wage scales and pay grades, they shall base the minimum wage level prescribed by the Government to determine wage levels when establishing wage scales and pay grades of enterprises, and must ensure the principles of establishing wage scales and pay grades in accordance with labor laws; determine and adjust wage levels and allowances in labor contracts and other benefits for employees in a suitable manner;

c) Adjusting wage levels in the wage scale and pay grade or determining wage levels when establishing wage scales and pay grades of enterprises, wage levels 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 enterprises, the Trade Union Committee of the enterprise, and employees, but must ensure reasonable relationships regarding wages between untrained workers and trained workers and workers with high professional and technical qualifications; between newly recruited workers and workers with long-term service in the enterprise.

4. When applying the provisions of this Circular, enterprises may not eliminate or reduce wage systems for overtime work, night work, wages or allowances for work under harsh or hazardous conditions, or material benefits for positions with harsh or hazardous work as stipulated 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 to apply a higher minimum wage than the minimum wage level prescribed by the Government as a basis for implementing the systems stipulated in Clause 3 of this Article, paying employees more than the provisions of Clauses 1 and 2 of this Article.

Article 4. Effective date

1. This Circular takes effect from February 1, 2014. The minimum wage level specified in Article 2 and the systems stipulated in this Circular shall be applied from January 1, 2014.

2. This Circular replaces Circular No. 29/2012/TT-BLDTBXH dated December 10, 2012 of the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of the minimum wage level for employees working in enterprises, cooperatives, joint ventures, farms, households, individuals, and organizations hiring labor.

3. The costs to implement the minimum wage level prescribed in this Circular shall be accounted for in the cost of production or business expenses of enterprises.

4. The Minister, the Head of a ministry equivalent to a ministry, the Head of a government agency, and the Chairman of the People's Committee of provinces and centrally-administered cities are responsible for directing, urging, and inspecting enterprises to comply with the provisions of this Circular.

During the implementation process, if there are any difficulties, it is recommended that agencies, units, and enterprises report to the Ministry of Labor, Invalids, and Social Affairs for timely supplementary guidance./.