Circular No. 33/2016/TT-BLDTBXH guiding the pilot management of labor and wages for the Military Telecommunications Group during the period from 2016 to 2020.

CIRCULAR

GUIDELINES FOR IMPLEMENTING THE PILOT MANAGEMENT OF LABOR AND WAGES FOR THE MILITARY TELECOMMUNICATION GROUP IN THE 2016-2020 PERIOD

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, War Invalids and Social AffairsiPursuant to the request of the Director General of the Department of Vocational Education;

Pursuant to Decree No. 121/2016/NĐ-CP dated August 24, 2016 of the Government on implementing the pilot management of labor and wages for the Military Telecommunication Group in the 2016-2020 period;"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." point on labor management and wages for the Vietnam Military Post and Telecommunications Group for the period from 2016 to 2020;

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

The Ministry of Labor, Invalids and Social Affairs guidesFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSthe implementation of the pilot management of labor and wages for the Military Telecommunication Group in the 2016-2020 period.No.regarding the Vietnam Military Post and Telecommunications Group for the period from 2016 to 2020.

Section 1. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides guidelines for implementing the pilot management of labor and wages in the 2016-2020 period for the Parent Company - Military Telecommunication Group, limited liability companies with 100% state capital held by the Parent Company - Military Telecommunication Group, joint-stock companies, and companies with more than 50% state capital held by the Parent Company - Military Telecommunication Group (hereinafter referred to as the company) in accordance with Decree No. 121/2016/NĐ-CP dated August 24, 2016 of the Government on implementing the pilot management of labor and wages for the Military Telecommunication Group in the 2016-2020 period (hereinafter referred to as Decree No. 121/2016/NĐ-CP).

Article 2. Applicability

The objects subject to this Circular shall be implemented in accordance with Article 2 of Decree No. 121/2016/NĐ-CP of the Government.

Section 2. LABOR MANAGEMENT

Article 3. Review of organizational structure and workforce arrangement

Annually, the General Director (Director) shall conduct a review of the organizational structure and workforce arrangement as follows:

1. Review the current organizational structure, management units, departments, and specialized offices; adjust the organizational structure to ensure efficiency, suitability with functions, tasks, and production and business requirements;

2. Reorganize the workforce according to job titles and positions within each team, workshop, department, ensuring efficient and economical use of labor;

3. Review labor norms, amend, supplement, or establish new labor norms in compliance with the principles stipulated in Decree No. 49/2013/NĐ-CP dated May 14, 2013 of the Government detailing certain provisions of the Labor Code on wages, suitable with the organizational structure after review and adjustment, serving as a basis for developing the company's labor plan.

Article 4. Development of labor plans

1. The annual labor utilization plan of the company is developed based on the organizational structure reviewed according to Article 3 of this Circular, production and business volume, quality, and tasks, previous year's labor usage situation, and the company's labor norms.

2. The General Director (Director) develops the labor plan, submits it to the Board of Members, and reports to the Chairman of the company for approval from the Ministry of National Defense (for the Parent Company - Military Telecommunication Group), and the Parent Company - Military Telecommunication Group (for limited liability companies with 100% state capital held by the Parent Company - Military Telecommunication Group and joint-stock companies, companies with more than 50% state capital held by the Parent Company) for comments before implementation. For joint-stock companies and companies with more than 50% state capital held by the Parent Company - Military Telecommunication Group, through the report of the representative of the Parent Company's capital.

3. After receiving comments from the state capital representative agency (or owner), the Chairman of the company or the Board of Members (or Board of Directors) approves the labor utilization plan while sending it to the state capital representative agency for monitoring and supervision.

Article 5. Implementation of labor plan

Based on the labor plan approved by the Chairman of the company or the Board of Members (or the Board of Directors), the General Director (Director) shall implement recruitment and utilization of labor in accordance with the provisions of the law, the Company Charter, and the company's regulations as follows:

1. For officers and professional military personnel, implementation shall be carried out in accordance with the provisions of the Law on Officers of the Vietnam People's Army, the Law on Professional Military Personnel and Defense Workers, the Government's detailed Decree, and guidance documents from the Ministry of National Defense.

2. For defense workers and civil servants, implementation shall be carried out in accordance with the Law on Professional Military Personnel and Defense Workers, the Government's detailed Decree, and guidance documents from the Ministry of National Defense.

3. For employees working under labor contracts, implementation shall be carried out in accordance with the provisions of the Labor Code, the Government's detailed Decrees, and guidance documents for implementation from the Ministry of Labor, Invalids, and Social Affairs.

Article 6. Evaluation of labor utilization situation

1. In the fourth quarter of each year, the General Director (Director) shall organize the evaluation of the labor utilization situation according to the approved labor utilization plan. The report on the evaluation of the labor utilization situation shall be submitted to the Chairman of the company or the Board of Members (Board of Directors) and simultaneously sent to the agency representing the owner (owner) and the Ministry of Labor, Invalids, and Social Affairs.

2. During the implementation process, if the actual number of workers exceeds the demand for utilization leading to unemployed workers, the General Director (Director) shall develop a job placement plan for the workers; in cases where workers cannot meet job requirements, they must be retrained for continued use. After exhausting all measures but still unable to arrange jobs, the General Director (Director) shall be responsible for fully implementing the legal entitlements for the workers.

Section 3. MANAGEMENT OF WAGES FOR THE PARENT COMPANY - MILITARY COMMUNICATION GROUP

Article 7. Wage Rate

1. The Parent Company - Military Communication Group is assigned to stabilize the wage rate based on total revenue minus total costs excluding wages during the period from 2016 to 2020. Total revenue and total costs excluding wages are determined by the entire revenue, income, and expenses arising from the production and business activities of goods and services, and other activities of the Parent Company - Military Communication Group.

2. When implementing the stabilized wage rate as stipulated in Clause 1 of this Article, the Parent Company - Military Communication Group must ensure the following conditions:

a) Successfully completing national defense and security tasks assigned by the Party and State.

b) Paying state budget contributions in accordance with the provisions of the law.

c) The average wage increase rate must be lower than the average productivity increase rate.

d) Annual profit must be at least 3% higher than the profit realized in the immediately preceding year.

The average wage and average productivity serve as the basis for calculating the average wage increase rate and the average productivity increase rate, which are determined in the Appendix attached to this Circular.

Article 8. Determining the planned salary fund

The annual planned salary fund of the Military Telecommunications Group Parent Company shall be determined as follows:

V_khđg = V_đgôđ x C_kh        (1)

Within theshall:

V_khđg: Planned salary fund.

V_đgôđ: The stable salary unit price assigned according to Clause 1, Article 7 of this Circular.

C_kh: Total revenue minus total expenses without the planned salary fund.

Article 9. Determining the actual salary fund

1. The annual actual salary fund of the Military Telecommunications Group Parent Company shall be determined as follows:

V_thđg = V_đgôđ x C_ENVIRONMENT         (2)

Where:

V_thđg: Actual salary fund.

V_đgôđ: The stable salary unit price assigned according to Clause 1, Article 7 of this Circular.

C_ENVIRONMENT: Total revenue minus total expenses without the actual salary fund.

2. When determining the actual salary fund according to the provisions of Clause 1 of this Article, the Military Telecommunications Group Parent Company must ensure the successful completion of national defense and security tasks assigned by the Party and State, pay taxes to the state budget in accordance with the law, and adjust the actual salary fund as follows:

a) In cases where the actual profit for the year is equal to or higher than the actual profit of the previous year by 3% and ensures that the average salary increase rate (in percentage terms) is lower than the average labor productivity increase rate (in percentage terms), the actual salary fund shall be determined at the maximum level as prescribed in Clause 1 of this Article.

b) In cases where the actual profit for the year is equal to or higher than the actual profit of the previous year by 3%, but the average salary increase rate (in percentage terms) is equal to or higher than the average labor productivity increase rate (in percentage terms), the actual salary fund must be adjusted according to productivity as follows:

V_thđgđc = V_thđg - 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:_w (3)

Where:

+ V_thđgđc: Actual salary fund after adjustment.

+ V_thđg: The actual salary fund determined according to formula (2).

+ V_w: The portion of salary that must be reduced to ensure that the average salary increase rate (in percentage terms) is lower than the average labor productivity increase rate (in percentage terms).

c) In cases where the average salary increase rate (in percentage terms) is lower than the average labor productivity increase rate (in percentage terms), but the actual profit for the year does not exceed the actual profit of the previous year by 3% or more, the actual salary fund must be adjusted according to profit as follows:

V_thđgđc = V_thđg - 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:_{session number} (4)

Where:

+ V_thđgđc: Actual salary fund after adjustment.

+ V_thđg: The actual salary fund determined according to formula (2).

+ V_{session number}: The portion of salary that must be reduced due to actual profit not meeting the conditions stipulated in point d, Clause 2, Article 7 of this Circular.

         (5)

Where:

V_thđg: The actual salary fund determined according to formula (2).

"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:_{th nam truoc lien ke}: Actual profit of the previous year.

"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:_ENVIRONMENT: Actual profit for the year.

d) In cases where the average salary increase rate (in percentage terms) is equal to or higher than the average labor productivity increase rate (in percentage terms), and the actual profit for the year does not exceed the actual profit of the previous year by 3% or more, the actual salary fund must first be adjusted according to profit (formula 4); after adjusting according to profit, if the average salary increase rate (in percentage terms) is equal to or higher than the average labor productivity increase rate (in percentage terms), the actual salary fund must continue to be adjusted according to labor productivity (formula 3).

3. In cases where the actual salary fund after adjustment according to points b, c, and d above is smaller than the salary fund under regulations, it shall be determined as the salary fund under regulations.

The salary fund under regulations shall be determined as follows:

V_cđ = V_cđsq + V_{specialized agency under the People's Committee of the province/city.đcnv} + V_cđlđ        (6)

Where:

V_cđ: Salary fund under regulations.

V_cđsq: The salary fund under regulations for enterprise management personnel and workers who are officers and professional military personnel shall be determined based on the actual number of management personnel and workers who are officers and professional military personnel in use, multiplied by the average salary (salary coefficient, average allowance according to Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on salary system for cadres, civil servants, public officials, and armed forces corresponding to the basic salary level specified by the Government for each period) and the average duty allowance according to Decree No. 34/2012/ND-CP dated April 15, 2012 of the Government on duty allowance system.

V_cđcnv: The salary fund under regulations for defense workers and civil servants shall be determined based on the actual number of defense workers and civil servants in use, multiplied by the average salary arranged according to the guidance of the Ministry of National Defense.

V_cđlđ: The salary fund under regulations for workers employed under labor contracts shall be determined based on the actual number of workers employed under labor contracts in use, multiplied by the average salary stipulated in the labor contract used for social insurance contributions and implementation of employee benefits according to the Labor Code.

4. In cases where there is no profit or loss, the actual salary fund shall be determined as the salary fund under regulations.

Article 10. Objective factors for determining the actual payroll fund

1. When determining the actual payroll fund in accordance with Article 9 of this Circular, the Military Post and Telecommunications Corporation's Parent Company shall exclude objective factors affecting labor productivity and actual profit as stipulated in Clause 4, Article 5 of Decree No. 121/2016/NĐ-CP.

2. When determining the actual payroll fund, if there are objective factors that increase or decrease labor productivity and actual profit, the company must calculate and quantify these factors with specific figures to deduct the portion of objective factors increasing labor productivity and profit, or to add the portion of objective factors decreasing labor productivity and profit.

Article 11. Salary for Management Personnel of the Military Post and Telecommunications Corporation's Parent Company

1. The salary and wage allowances of management personnel shall be included in the unit price of salary and the payroll fund of the Military Post and Telecommunications Corporation's Parent Company as prescribed in Articles 7, 8, and 9 of this Circular.

2. Based on the annual actual payroll fund implemented by the Military Post and Telecommunications Corporation's Parent Company, the company temporarily pays salaries and wages to enterprise management personnel according to the company's wage payment regulations.

Section 4. MANAGEMENT OF SALARIES FOR A JOINT STOCK COMPANY WITH 100% CAPITAL CONTRIBUTION BY THE MILITARY POST AND TELECOMMUNICATIONS CORPORATION'S PARENT COMPANY

Article 12. Unit Price of Salary

1. The joint stock company with 100% capital contribution by the Military Post and Telecommunications Corporation's Parent Company shall be assigned to stabilize the unit price of salary based on total revenue minus total costs without salary or based on total products or converted total products during the period from 2016 to 2020.

In the case where the unit price of salary is stabilized based on total revenue and total costs without salary, the total revenue and total costs without salary shall be determined by the entire revenue, income, and all expenses arising from the production and business activities of goods and services and other activities of the company.

2. When implementing the stable unit price of salary as prescribed in Clause 1 of this Article, the company must ensure the following conditions:

a) Successfully completing national defense and security tasks assigned by the Party and State.

b) Paying state budget contributions in accordance with the provisions of the law.

c) The average wage increase rate must be lower than the average productivity increase rate.

d) Annual realized profit shall not be lower than the realized profit of the previous year.

The average wage and average productivity serve as the basis for calculating the average wage increase rate and the average productivity increase rate, which are determined in the Appendix attached to this Circular.

Article 13. Determining the Planned Payroll Fund and Actual Payroll Fund

1. The annual planned payroll fund shall be determined as follows:

V_khđg = V_đgôđ x C_kh        (7)

Within theshall:

V_khđg: Planned salary fund.

V_đgôđ: The stable unit price of salary assigned as prescribed in Clause 1 of Article 12 of this Circular.

C_kh: The planned target linked to the stable unit price assigned as prescribed in Article 12 of this Circular (total revenue minus total costs without salary or total products or converted total products).

2. Based on the stable unit price of salary assigned as prescribed in Article 12 of this Circular and the actual implementation of the target linked to the stable unit price (total revenue minus total costs without salary or total products or converted total products), the company shall determine the actual payroll fund according to formula (2).

3. When determining the actual payroll fund as prescribed in Clause 2 of this Article, the company must ensure the successful completion of national defense and security tasks assigned by the Party and State, pay taxes to the state budget in accordance with the provisions of the law, and adjust the actual payroll fund as follows:

a) In the case where the realized profit in the year is equal to or higher than the realized profit of the previous year and ensures the condition that the average salary increase rate (calculated as a percentage) is lower than the average labor productivity increase rate (calculated as a percentage), the actual payroll fund shall be determined at the maximum level as prescribed in Clause 2 of this Article.

b) In the case where the realized profit in the year is equal to or higher than the realized profit of the previous year but the average salary increase rate (calculated as a percentage) is equal to or higher than the average labor productivity increase rate (calculated as a percentage), the actual payroll fund must be adjusted according to labor productivity using formula (3).

c) In the case where the condition that the average salary increase rate (calculated as a percentage) is lower than the average labor productivity increase rate (calculated as a percentage) is met but the realized profit in the year is lower than the realized profit of the previous year, the actual payroll fund must be adjusted according to profit as follows:

V_thđgđc = V_thđg - 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:_{session number}         (8)

Where:

+ V_thđgđc: Actual salary fund after adjustment.

+ V_thđg: The actual salary fund determined according to formula (2).

+ V_{session number}: The portion of salary that must be deducted due to the failure to meet the conditions specified in Point d, Clause 2 of Article 12 of this Circular.

     (9)

Where:

V_thđg: The actual salary fund determined according to formula (2).

"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:_{th nam truoc Number of employees and workers directly involved in the joint venture and association activities of the organization over the last 03 yearsen ke}: Actual profit of the previous year.

"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:_ENVIRONMENT: Actual profit for the year.

d) In the case where the average salary increase rate (calculated as a percentage) is equal to or higher than the average labor productivity increase rate (calculated as a percentage) and the realized profit in the year is lower than the realized profit of the previous year, the actual payroll fund must first be adjusted according to profit (formula 9); after adjusting according to profit, if the average salary increase rate (calculated as a percentage) is equal to or higher than the average labor productivity increase rate (calculated as a percentage), then the actual payroll fund must continue to be adjusted according to labor productivity (formula 3).

4. In the case where the actual payroll fund, after adjustment as prescribed in Points b, c, and d, Clause 2 of this Article, is smaller than the regulated payroll fund or in the case where the company incurs losses or has no profit, the actual payroll fund shall be determined as the regulated payroll fund.

The regulated payroll fund is determined as prescribed in Clause 3, Article 9 of this Circular.

5. When determining the actual payroll fund as prescribed in Clauses 2, 3, and 4 of this Article, the company may exclude objective factors affecting labor productivity and actual profit as prescribed in Article 10 of this Circular.

Article 14. Salary of the company manager

1. The salary of the company manager is included in the stable salary unit price assigned and the actual salary fund of the limited liability company with one member held 100% capital contribution by the Parent Company - Military Post and Telecommunications Group, as stipulated in Articles 12 and 13 of this Circular.

2. Based on the annual actual salary fund, the company shall temporarily advance and pay salaries to the manager according to the company's salary payment regulations.

Section 5. MANAGEMENT OF SALARY FOR GROUP COMPANIES AND COMPANIES HELD MORE THAN 50% CAPITAL CONTRIBUTION BY THE PARENT COMPANY - MILITARY POST AND TELECOMMUNICATIONS GROUP

Article 15. Salary Unit Price

1. The representative of the parent company - Military Post and Telecommunications Group's capital shall decide or participate with the Board of Members or the Board of Management, or the Shareholders' Meeting to determine the stable salary unit price for the Group Companies and companies held more than 50% capital contribution by the Parent Company - Military Post and Telecommunications Group during the period from 2016 to 2020 based on the principles set forth in Article 12 of this Circular.

2. Annually, based on the stable salary unit price assigned for the period from 2016 to 2020, the General Director (Director) of the company shall specifically determine the total revenue minus total costs without salary or total products or converted total products, profit, labor productivity tied to the assigned salary unit price as stipulated in Clause 1 of this Article, and submit it to the Board of Members or the Board of Management, or the Shareholders' Meeting for decision.

Article 16. Determination of Planned Salary Fund and Actual Salary Fund

The representative of the parent company - Military Post and Telecommunications Group's capital shall decide or participate with the Board of Members or the Board of Management, or the Shareholders' Meeting to determine the planned salary fund and actual salary fund of the company based on the principles set forth in Article 13 of this Circular.

Article 17. Salary of the Company Manager

1. The representative of the parent company - Military Post and Telecommunications Group's capital shall decide or participate with the Board of Members or the Board of Management, or the Shareholders' Meeting to determine the salary of the manager included in the stable salary unit price assigned and the actual salary fund of the company as stipulated in Articles 15 and 16 of this Circular.

2. Based on the annual actual salary fund, the company shall temporarily advance and pay salaries to the manager according to the company's salary payment regulations.

Section 6. DISTRIBUTION OF SALARIES

Article 18. Establishment of Reserve Fund

1. Based on the actual salary fund, the company shall establish a reserve fund to supplement the salary fund of the following year to ensure uninterrupted salary payments. The reserve level is decided by the General Director (Director) but must not exceed 17% of the annual actual salary fund.

2. Based on the actual salary fund and the salary payment regulations, the company shall pay salaries to each unit, department, individual employee, and company manager according to their productivity, quality, and business efficiency.

Article 19. Salary Payment Regulations

1. The company shall establish salary payment regulations based on job positions and titles, linked to the company's productivity, quality, and business efficiency, and the completion of tasks by the company manager and employees.

2. The salary payment regulations shall be established in compliance with legal provisions, ensuring democracy, transparency, and public participation of the labor union organization at the workplace.

3. The company's salary payment regulations must be reported to the agency representing the owner (or the owner) for comments before implementation (for Group Companies and companies held more than 50% capital contribution by the Parent Company - Military Post and Telecommunications Group through the report of the parent company's capital representative).

Mục 7. ORGANIZATION AND IMPLEMENTATION

Article 20. Responsibilities of the Chairman of the Company, General Director of the Parent Company - Military Telecommunications Group

1. In the first quarter of each year, organize the review of labor norms; develop the labor plan, planned salary fund, and actual salary fund of the previous adjacent year of the Parent Company - Military Telecommunications Group; approve or submit for approval within the scope of authority the labor utilization plan, planned salary fund, and actual salary fund of the previous adjacent year of the Parent Company - Military Telecommunications Group, and send to the Ministry of National Defense, Ministry of Labor, Invalids and Social Affairs, Ministry of Finance for supervision and inspection.

2. Develop and issue the salary regulation of the Parent Company - Military Telecommunications Group in accordance with this Circular after obtaining the opinion of the Ministry of National Defense; send to the Ministry of National Defense, Ministry of Labor, Invalids and Social Affairs, Ministry of Finance for monitoring and supervision.

3. Decide on the amount to be set aside for the salary reserve fund, implement temporary advance payment of salaries, pay salaries to employees and business managers according to the company's salary regulations.

4. Determine the average actual salary rate for the period 2011-2015 and assign a stable salary rate for the period 2016-2020 for limited liability companies held 100% by the Parent Company - Military Telecommunications Group in accordance with Clause 1, Article 6 of Decree 121/2016/NĐ-CP, and simultaneously send to the Ministry of National Defense for supervision and inspection; receive reports and provide opinions for the Board of Members of the company to approve or approve within the scope of authority the labor utilization plan, planned salary fund, actual salary fund, wage scale, salary table, and salary regulations of limited liability companies held 100% by the Parent Company - Military Telecommunications Group.

5. Direct the representative of the Parent Company's capital to decide or participate with the Board of Members or the Board of Management in implementing the assignment of a stable salary rate and managing labor and salaries for joint-stock companies held over 50% by the Parent Company - Military Telecommunications Group in accordance with the provisions of this Circular; receive, examine, and provide opinions on the reports from the Parent Company's capital representative regarding the management of labor and salaries for joint-stock companies held over 50% by the Parent Company - Military Telecommunications Group.

6. Annually, compile the situation of labor, salaries, and income of employees and managers in limited liability companies held 100% by the Parent Company - Military Telecommunications Group and joint-stock companies held over 50% by the Parent Company - Military Telecommunications Group, and send to the Ministry of National Defense, Ministry of Labor, Invalids and Social Affairs, Ministry of Finance for monitoring.

7. In the third quarter of 2020, organize a summary and report to the Ministry of National Defense, Ministry of Labor, Invalids and Social Affairs, Ministry of Finance on the results of piloting the management of labor and salaries for the Military Telecommunications Group during the period 2016-2020 as stipulated in this Circular.

Article 21. Chairman of the Board of Members or Chairman of the Limited Liability Company held 100% by the Parent Company - Military Telecommunications Group

1. Direct the General Director or Director to manage labor and salaries for the company in accordance with this Circular.

2. Report to the owner's representative agency before approving or approving within the scope of authority the labor plan, planned salary fund, actual salary fund, wage scale, salary table, and salary regulations of the company.

3. In the third quarter of 2020, organize a summary of the pilot implementation of labor and salary management for the period 2016-2020 in accordance with Decree 121/2016/NĐ-CP and this Circular, report to the Parent Company - Military Telecommunications Group, and simultaneously send to the Ministry of National Defense, Ministry of Labor, Invalids and Social Affairs, Ministry of Finance.

Article 22. The General Director or Director of a limited liability company with one member held 100% of the charter capital by the Parent Company - Military Post and Telecommunications Group.

1. In the first quarter of each year, organize a review of labor norms; develop the labor plan, planned salary fund, and actual salary fund of the previous year for the company; approve or submit for approval within their authority the labor usage plan, planned salary fund, and actual salary fund of the previous year for the company, and send to the Parent Company - Military Post and Telecommunications Group, the Ministry of National Defense for monitoring and supervision.

2. Develop and issue the salary regulation of the company according to this Circular after obtaining the opinion of the Parent Company - Military Post and Telecommunications Group, and send to the Parent Company - Military Post and Telecommunications Group, the Ministry of National Defense, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance for monitoring and supervision.

3. Decide on the amount to be set aside for the salary reserve fund, implement temporary advance payment of salaries, pay salaries to employees and business managers according to the company's salary regulations.

4. In the third quarter of 2020, implement the summary of the pilot management of labor and salaries during the period 2016-2020 as stipulated in Decree No. 121/2016/NĐ-CP and this Circular, report to the Board of Members or the Chairman of the company.

Article 23. The Representative of Share Capital of the Parent Company

1. Provide opinions to the Board of Members or the Board of Directors, the Shareholders' Meeting of the company on reviewing, deciding or deciding on the management of labor and salaries of the holding company and companies held over 50% of the charter capital by the Parent Company - Military Post and Telecommunications Group according to Decree No. 121/2016/NĐ-CP and this Circular.

2. Report and seek opinions from the owner regarding contents related to the management of labor and salaries at the holding company and companies held over 50% of the charter capital by the Parent Company - Military Post and Telecommunications Group during the implementation of the pilot program.

3. Provide opinions to request the Board of Members or the Board of Directors to implement the summary of the pilot management of labor and salaries at the company according to Decree No. 201/2016/NĐ-CP and this Circular, report the results of implementation to the Parent Company - Military Post and Telecommunications Group in the third quarter of 2020.

Article 24. The Ministry of National Defense

1. Take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance to assign stable salary unit prices for the period 2016-2020 for the Parent Company - Military Post and Telecommunications Group according to Clause 1, Article 5 of Decree No. 121/2016/NĐ-CP.

2. Receive reports on the labor usage plan, planned salary fund, actual salary fund, pay scale, pay table, and salary regulations of the Parent Company - Military Post and Telecommunications Group, and the annual assignment of unit prices by the Parent Company - Military Post and Telecommunications Group for the limited liability company with one member held 100% of the charter capital by the Parent Company - Military Post and Telecommunications Group according to this Circular for monitoring and inspection.

3. Review and provide opinions on the salary regulations of the Parent Company - Military Post and Telecommunications Group.

4. Regularly annually organize inspections and supervisions of the implementation of labor and salary management for the Military Post and Telecommunications Group according to Decree No. 121/2016/NĐ-CP and this Circular.

5. Coordinate with the Ministry of Labor, Invalids and Social Affairs to summarize and evaluate the results of the pilot management of labor and salaries for the Military Post and Telecommunications Group during the period 2016-2020 according to Decree No. 121/2016/NĐ-CP and this Circular.

Article 25. Ministry of Labor, Invalids and Social Affairs

1. Coordinate with the Ministry of National Defense to set a stable wage rate for the Parent Company, inspect and supervise the implementation of labor and wage management for the Military Telecommunications Group in accordance with Decree No. 121/2016/NĐ-CP and this Circular.

2. Take the lead, coordinate with the Ministry of National Defense, the Ministry of Finance, and the Military Telecommunications Group to summarize and evaluate the results of piloting labor and wage management for the Military Telecommunications Group during the period from 2016 to 2020 in accordance with Decree No. 121/2016/NĐ-CP and this Circular, and report to the Prime Minister in the fourth quarter of 2020.

Article 26. Ministry of Finance

1. Coordinate with the Ministry of National Defense to set a stable wage rate for the Parent Company - Military Telecommunications Group; inspect and supervise the implementation of labor and wage management for the Military Telecommunications Group in accordance with Decree No. 121/2016/NĐ-CP.

2. Coordinate with the Ministry of Labor, Invalids and Social Affairs to summarize and evaluate the results of piloting labor and wage management for the Military Telecommunications Group during the period from 2016 to 2020 in accordance with Decree No. 121/2016/NĐ-CP and this Circular.

Article 27. Effective Date

1. This Circular takes effect from December 10, 2016.

2. The regulations stipulated in this Circular shall be implemented from January 1, 2016 to December 31, 2020.

In the course of implementation, if there are any difficulties, agencies, organizations, and companies are requested to reflect them to the Ministry of Labor, Invalids and Social Affairs for timely supplementary guidance.