Decision No. 385/LDTBXH-QD on the minimum wage for Vietnamese workers employed in foreign-invested enterprises and foreign agencies, organizations, and international organizations in Vietnam.

Pursuant to …;

Regarding the minimum wage for Vietnamese workers employed in foreign-invested enterprises and foreign agencies, organizations, and international organizations in Vietnam

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to Decree No. 96/CP dated December 7, 1993 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, War Invalids, and Social Affairs;
Pursuant to Decree No. 197/CP dated December 31, 1994 of the Government detailing and guiding the implementation of certain provisions of the Labor Code concerning wages;
After receiving the Prime Minister's opinion in Circular No. 1085/KTTH dated March 11, 1996,

Pursuant to …;

Article 1. The minimum wage for Vietnamese workers performing the simplest work (without training) under normal working conditions and environment in foreign-invested enterprises, foreign agencies, organizations, and international organizations operating on Vietnamese territory that hire Vietnamese labor shall be set and applied as follows:

1. The minimum wage shall not be less than 45 USD/month (forty-five US dollars/month), applicable to foreign-invested enterprises, foreign agencies, organizations, and international organizations located in Hanoi and Ho Chi Minh City;

2. The minimum wage shall not be less than 40 USD/month (forty US dollars/month), applicable to foreign-invested enterprises, foreign agencies, organizations, and international organizations located in Class II cities (including Haiphong, Vinh, Hue, Da Nang, Bien Hoa, Can Tho) and Ha Long, Nha Trang, Vung Tau;

3. The minimum wage shall not be less than 35 USD/month (thirty-five US dollars/month), applicable to foreign-invested enterprises, foreign agencies, organizations, and international organizations located in other provinces or enterprises using a large number of unskilled workers in agriculture, forestry, and aquaculture;

4. The minimum wage from 30 USD/month (thirty US dollars/month) to below 35 USD/month (thirty-five US dollars/month) shall be applied to some enterprises located in difficult areas with poor infrastructure, employing many workers, and facing difficulties in production and business operations, after these enterprises submit a request and the Minister of Labor, War Invalids, and Social Affairs grants permission to apply it.

The minimum wages prescribed in Points 1, 2, 3, and 4 above shall not be used to pay skilled workers who have been trained. For such workers, wages must be paid according to the salary scale system established in Circular No. 11/LDTBXH-TT dated May 3, 1995 of the Ministry of Labor, War Invalids, and Social Affairs guiding the implementation of Decree No. 197/CP of the Government regarding wages for Vietnamese workers employed in foreign-invested enterprises and foreign agencies or international organizations in Vietnam.

Article 2.- This Decision shall take effect from July 1, 1996.

All existing labor contracts that have not yet expired must be adjusted to comply with the minimum wage regulations set forth in this Decision.

Any previous regulations contrary to this Decision are hereby abolished.

Article 3.- Chairmen of People's Committees of provinces and centrally governed cities, foreign-invested enterprises, foreign agencies, organizations, and international organizations operating on Vietnamese territory that hire Vietnamese labor shall implement this Decision.

LETTER

OF THE MINISTRY OF LABOR, WAR INVALIDS, AND SOCIAL AFFAIRS NUMBER 986/LDTBXH-TL APRIL 3, 1996 CORRECTING DECISION NUMBER 385/LDTBXH-QD

Due to printing errors, the Ministry of Labor, War Invalids, and Social Affairs now corrects Clause 3, Article 1 of Decision No. 385/LDTBXH-QD dated April 1, 1996 regarding the minimum wage for Vietnamese workers employed in foreign-invested enterprises and foreign agencies, organizations, and international organizations in Vietnam as follows:

"3. The minimum wage shall not be less than 35 USD/month (thirty-five US dollars/month), applicable to foreign-invested enterprises, foreign agencies, organizations, and international organizations located in other provinces or enterprises using a large number of unskilled workers in agriculture, forestry, and aquaculture."