This Circular stipulates the wage system, remuneration, and bonuses for workers and managers at the Investment Development Fund. It includes determining basic salaries, salary coefficients, annual wage funds, paying wages, remuneration, and bonuses based on the effectiveness of the Fund's operations. This Circular takes effect from February 15, 2017.
적용 범위
Workers and managers at the Investment Development Fund
핵심 사항
- Determining the basic salary for workers based on their position and professional qualifications
- The salary coefficient is determined based on the effectiveness of the Fund's operations
- The annual wage fund is determined based on total revenue minus total expenses and average labor productivity
- Paying wages, remuneration, and bonuses to managers based on the level of task completion
- Excluding objective factors affecting labor productivity and total revenue minus total expenses
🌐 이 문서의 사회적 영향
- Improving the effectiveness of the Investment Development Fund through linking wages and remuneration to work results
- Creating an incentive mechanism for managers and workers to enhance labor productivity
❓ 자주 묻는 질문
When does this Circular take effect?
This Circular takes effect from February 15, 2017.
How are objective factors excluded when determining wages and remuneration?
The Fund will review and assess objective factors affecting labor productivity and total revenue minus total expenses to adjust wages and remuneration accordingly.
How are managers of the Fund paid?
The level of salary for managers is determined based on the effectiveness of the Fund's operations, average labor productivity, and total revenue minus total expenses.
전문
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MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 45/2016/TT-BLDTBXH |
HA NOI, December 28, 2016 |
CIRCULAR
GUIDELINES FOR THE MANAGEMENT OF LABOR, WAGES, COMPENSATION, AND BONUSES FOR LOCAL DEVELOPMENT FUNDS
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, Invalids, and Social Affairs;
Pursuant to Decree No. 138/2007/NĐ-CP dated August 28, 2007 of the Government on the organization and operation of local development funds; Decree No. 37/2013/NĐ-CP dated April 22, 2013 of the Government amending and supplementing certain provisions of Decree No. 138/2007/NĐ-CP dated August 28, 2007 on the organization and operation of local development funds;
Pursuant to Decree No. 51/2016/NĐ-CP dated June 13, 2016 of the Government on the management of labor, wages, and bonuses for employees working in state-owned joint stock companies with 100% state capital; Decree No. 52/2016/NĐ-CP dated June 13, 2016 of the Government on wages, compensation, and bonuses for managers of state-owned joint stock companies with 100% state capital;
At the proposal of the Director of the Department of Labor and Wages;
The Minister of Labor, Invalids, and Social Affairs issues this Circular guiding the management of labor, wages, compensation, and bonuses for local development funds.
Section 1. GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular guides the management of labor, wages, compensation, and bonuses for employees, Chair, Vice-Chair, and members of the Management Board, Director, Deputy Director, Chief Accountant, Head of Supervisory Board, and Members of the Supervisory Board in local development funds established by provinces and centrally-administered cities according to Decree No. 138/2007/NĐ-CP dated August 28, 2007 of the Government on the organization and operation of local development funds (hereinafter referred to as the Fund).
Article 2. Applicability
1. Employees working under labor contracts.
2. Members of the Supervisory Board.
3. Chairperson, Vice-Chairpersons, and members of the Management Board, Directors, Deputy Directors, Chief Accountants, and Heads of the Supervisory Board (hereinafter collectively referred to as Fund Managers).
4. Agencies, organizations, and individuals related to the management of labor, wages, remuneration, and bonuses as prescribed in this Circular.
Section 2. MANAGEMENT OF LABOR, WAGES, COMPENSATION, AND BONUSES FOR MEMBERS OF THE SUPERVISORY BOARD AND EMPLOYEES
||| Article 3. Wage Scale, Payroll, and Allowances
The Fund establishes wage scales, salary tables, allowances, and salary adjustments for employees in accordance with Article 93 of the Labor Code, Decree No. 49/2013/NĐ-CP dated May 14, 2013 of the Government detailing implementation of certain provisions of the Labor Code regarding wages, and Circular No. 17/2015/TT-BLDTBXH dated April 22, 2015 of the Ministry of Labor, Invalids, and Social Affairs guiding the establishment of wage scales, salary tables, allowances, and salary adjustments for employees in state-owned joint stock companies.
||| Article 4. Classification of Wages, Compensation, and Bonuses for Members of the Supervision Board
1. Full-time members of the Supervisory Board are classified at the same level as the Department Heads of the Fund according to the wage scale, salary table, and allowances established by the Fund. The wages of full-time members of the Supervisory Board are included in the employee wage fund and paid according to the Fund's wage regulations.
2. Part-time members of the Supervisory Board receive compensation based on their work and time spent, but not exceeding 20% of the wages of full-time members of the Supervisory Board. In cases where the Fund does not have full-time members of the Supervisory Board, the compensation is calculated based on the wages of the Department Head position according to the Fund's wage regulations. The Fund determines and includes the part-time members' compensation in the employee wage fund after determining it in accordance with Article 5 of this Circular to pay to the part-time members of the Supervisory Board.
||| 3. Both full-time and non-full-time members of the Supervision Board shall receive bonuses from the employee bonus fund according to the Fund's bonus regulations.
||| Article 5. Labor Management, Determination of Planned Wage Fund, Actual Wage Fund, Advance Payment of Wage Fund, Distribution of Wages, and Bonuses
1. The Fund implements labor management, determines planned wage funds, unit wage costs, advance payment of wages, actual wage funds implemented, distribution of wages and bonuses for employees (including full-time members of the Supervisory Board) in accordance with Section 2; Articles 9, 10, 13 of Section 3 and Section 4 of Circular No. 26/2016/TT-BLDTBXH dated September 1, 2016 of the Ministry of Labor, Invalids, and Social Affairs guiding the management of labor, wages, and bonuses for employees working in state-owned joint stock companies with 100% state capital (hereinafter referred to as Circular No. 26/2016/TT-BLDTBXH).
2. When determining the average planned wage and the average actual wage for calculating the planned wage fund and the actual wage fund in accordance with Articles 9 and 14 of Circular No. 26/2016/TT-BLDTBXH, the profit indicator (planned or actual for the year or the previous year) is replaced by the total revenue minus total expenses indicator.
Article 6. Excluding Objective Factors when Determining the Planned Salary Fund and the Implemented Salary Fund for Employees
1. When determining the planned wage fund and the actual wage fund for employees, the Fund excludes factors affecting labor productivity and the total revenue minus total expenses of the Fund, including:
a) The impact of objective factors stipulated in Article 11 of Circular No. 26/2016/TT-BLDTBXH;
b) The State's write-off or extension of debt for borrowers; adjustment of the minimum lending interest rate of the Fund;
c) The Fund carries out new tasks or tasks that increase costs without generating revenue assigned by the representative body of the owner.
2. The exclusion of objective factors as stipulated in Clause 1 of this Article shall be carried out according to the following principles:
a) Labor productivity and total revenue minus total expenses affected by objective factors must be quantified and calculated with specific data;
b) Factors objectively reducing (or increasing) labor productivity and total revenue minus total expenses shall be added (or deducted) from the corresponding labor productivity and total revenue minus total expenses indicators in the year.
c) When determining the implemented salary fund, the Fund must reassess the implementation of objective factors against the plan to exclude their impact on labor productivity and total revenue minus total expenses.
Section 3. SALARY, COMPENSATION, AND BONUS FOR FUND MANAGERS
Article 7. Salary Classification for Chairperson, Vice Chairperson, and Members of the Dedicated Management Board, Director, Deputy Director, Chief Accountant, and Head of the Dedicated Supervisory Board
1. The Chairperson, Vice Chairperson, and members of the dedicated management board, Director, Deputy Director, Chief Accountant, and Head of the dedicated supervisory board (hereinafter referred to as dedicated fund managers) shall be classified according to the provisions set forth in Circular No. 27/2016/TT-BLDTBXH dated September 1, 2016, issued by the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of salary, compensation, and bonus systems for managers of state-owned single-member limited liability companies (hereinafter referred to as Circular No. 27/2016/TT-BLDTBXH), wherein:
a) The Chairperson of the Fund's Management Board shall be classified according to the position of Chairperson of the Board of Members; members of the Fund's Management Board shall be classified according to the position of member of the Board of Members;
b) The Vice Chairperson of the Management Board shall be classified at the equivalent level of Director of the Fund, and the Head of the Supervisory Board shall be classified at the equivalent level of Deputy Director of the Fund. The transfer of classification shall be carried out according to the provisions of Clause 2, Article 4 of Circular No. 27/2016/TT-BLDTBXH.
2. The ranking criteria for the Fund temporarily shall be implemented according to the ranking criteria for the group of finance companies (number 56. Finance companies) issued together with Circular No. 23/2005/TTLT-BLDTBXH-BTC dated August 31, 2005, issued by the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance guiding the ranking and classification of salaries for dedicated members of the Board of Directors, General Director, Director, Deputy General Director, Deputy Director, and Chief Accountant of state-owned companies.
Article 8. Salary, Compensation, and Bonus for the Head of the Supervisory Board
1. The salary and bonus of the Head of the dedicated supervisory board shall be included in the salary and bonus fund for dedicated fund managers as stipulated in Article 9 of this Circular. In cases where the organizational structure of the Fund includes a non-dedicated supervisory board head, the non-dedicated supervisory board head shall receive compensation and bonuses based on work performed and time spent working, but the compensation shall not exceed 20% of the salary of the Deputy Director position.
2. After deducting social insurance, health insurance, and other amounts as prescribed by law from the salary, compensation, and bonus of the Head of the supervisory board, the Fund shall transfer these amounts to the representative body of the owner for temporary advance payments, evaluation, and payment based on the degree of task completion.
Article 9. Determination of salary fund, remuneration, bonuses, and payment of salaries, remuneration, and bonuses
1. The determination of planned salary and compensation funds, actual salary and compensation funds, and bonus funds; payment of salary, compensation, and bonus for fund managers shall be carried out according to the provisions of Articles 3, 9, 11, 12, 14, 15, 16, 17, 18, and Clauses 1, 3, 4, 5, 6 of Article 10 of Circular No. 27/2016/TT-BLDTBXH.
2. When determining planned salary and compensation funds and actual salary and compensation funds as stipulated in Clause 1 of this provision, the profit indicator shall be replaced by the total revenue minus total expenses indicator as provided in Clause 2 of Article 5 of this Circular, wherein:
a) In cases where the Fund ensures all conditions: preservation and development of state capital; timely submission of taxes and reserves for risk as required by law; average labor productivity does not decrease and total revenue minus total expenses exceeds that of the previous year, then the average planned salary of dedicated fund managers shall be determined as follows:
TLbqkh = TLcb + TLcb x Hln
Where:
- TLbqkh: Planned average salary level of the dedicated Fund manager;
- TLcb: The basic salary of dedicated fund managers shall be determined according to Clause 1 of Article 10 of Circular No. 27/2016/TT-BLDTBXH, wherein the Vice Chairperson of the dedicated management board shall be calculated based on the basic salary of the Director position, and the Head of the dedicated supervisory board shall be calculated based on the basic salary of the Deputy Director position;
- Central agencies of political-social organizations;ln: Additional wage coefficient compared to the basic wage linked to the total revenue minus total expenses as follows: if the difference is under 50 billion VND, Hln is calculated at a maximum of 0.3; if the difference is from 50 billion VND to under 100 billion VND, Hln is calculated at a maximum of 0.5; if the difference is from 100 billion VND to under 150 billion VND, Hln is calculated at a maximum of 0.7; if the difference is 150 billion VND or more, Hln is calculated at a maximum of 1.0.
b) In cases where the organizational structure of the Fund includes non-dedicated positions of Chairperson, Vice Chairperson, and members of the Management Board, and a non-dedicated supervisory board head, the compensation of non-dedicated Chairperson and Vice Chairperson of the Management Board shall be calculated relative to the salary of the Director position, and the compensation of non-dedicated members of the Management Board and non-dedicated supervisory board heads shall be calculated relative to the salary of the Deputy Director position.
3. When determining planned salary and compensation funds and actual salary and compensation funds as stipulated in Clauses 1 and 2 of this provision, the Fund shall exclude external factors affecting labor productivity and total revenue minus total expenses as provided in Article 6 of this Circular.
Section 4. ORGANIZATION OF IMPLEMENTATION AND EFFECTIVE DATE OF ENFORCEMENT
Article 10. Implementation Organization
1. The Director of the Fund is responsible for performing the tasks prescribed in Article 17 of Circular No. 26/2016/TT-BLDTBXH.
2. The Management Board of the Fund is responsible for:
a) Implement tasks as specified in Article 18 of Circular No. 26/2016/TT-BLDTBXH and Article 20 of Circular No. 27/2016/TT-BLDTBXH. When submitting salary and bonus reports to the representative body of the owner, they must also submit them to the Ministry of Labor, Invalids, and Social Affairs for general monitoring, inspection, and supervision;
b) Determine the amount of salary and bonus for the Head of the supervisory board according to the provisions of this Circular and transfer it to the representative body of the owner for payment linked to the degree of task completion for each individual.
3. The Head of the supervisory board has the responsibility to organize the supervisory board to inspect, monitor, review, and recommend matters related to labor management, salary, compensation, and bonus as stipulated for the position of Supervisor at Article 19 of Circular No. 26/2016/TT-BLDTBXH, Article 21 of Circular No. 27/2016/TT-BLDTBXH, and according to the regulations on the organization and operation of the Fund.
4. The representative body of the owner of the Fund is responsible for:
a) Implement tasks as specified in Article 20 of Circular No. 26/2016/TT-BLDTBXH and Article 22 of Circular No. 27/2016/TT-BLDTBXH. When submitting opinions to the Fund regarding the annual salary and bonus fund, they must also submit them to the Ministry of Labor, Invalids, and Social Affairs for general monitoring and supervision;
b) Receiving, reviewing, and providing comments on any objective factors (if any) as prescribed in this Circular as a basis for the Fund to determine the salaries of workers and the salaries and remuneration of managers;
c) Organize the management, assessment, payment of salary, compensation, and bonus, and implement regulations for the Head of the supervisory board of the Fund as for the position of Supervisor as stipulated in Article 19 of Circular No. 27/2016/TT-BLDTBXH.
Article 11. Effective Date
1. This Circular takes effect from February 15, 2017. The regulations prescribed in this Circular shall be applied from January 1, 2017.
2. The Fund applies the meal allowance during work hours for employees and managers according to the provisions of Clause 4, Article 22 of Circular No. 26/2016/TT-BLDTBXH and Clause 4, Article 25 of Circular No. 27/2016/TT-BLDTBXH.
During the implementation process, if there are any difficulties, please report to the Ministry of Labor, Invalids, and Social Affairs for timely guidance and supplementation.
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Place of Receipt: |
THE MINISTER |
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