Circular No. 465/VBHN-BLDTBXH guides the management of labor, wages, remuneration, and bonuses for employees and managers of the State Capital Investment Corporation (SCIC). This document applies to SCIC and related organizations, stipulating the determination of labor productivity, wage levels, salary scales, and salary tables, as well as the responsibilities of the relevant parties.
适用范围
Employees working under contracts at SCIC; dedicated and non-dedicated managers (including Chairman of the Board of Members, Board Members, General Director, Deputy General Director, Head of Supervisory Board, Supervisor, and Chief Accountant); agencies, organizations, and individuals related.
要点
- SCIC implements labor management, determines the planned wage fund, unit wage cost, advance payment of wages, distribution of wages, and bonuses according to Circular No. 26/2016/TT-BLDTBXH.
- When determining average labor productivity, the indicators are based on capital received in the year, capital sold in the year, and capital managed in the year.
- SCIC determines the average planned wage level for dedicated managers based on labor productivity and business efficiency.
- The actual wage fund is determined based on the actual number of dedicated managers and the actual average wage level.
- SCIC is responsible for performing tasks prescribed in Circular No. 26/2016/TT-BLDTBXH and Circular No. 27/2016/TT-BLDTBXH, including determining the planned wage fund, paying wages, remuneration, and bonuses to managers.
🌐 本文件的社会影响
- Positive impact: Creates a clear legal basis for SCIC and related organizations to effectively manage labor and wages.
- Negative impact: May impose a cost burden on enterprises when complying with complex regulations.
❓ 常见问题
How is the labor productivity of SCIC determined?
Labor productivity is calculated based on the annual received capital index, annual sold capital index, and annual managed capital index according to the formula Ktl = 0.3 x Ktn + 0.6 x Kb + 0.1 x Kqt.
How is the average planned wage level for dedicated managers determined?
The average planned wage level is determined in conjunction with labor productivity and business efficiency of SCIC (after excluding the influence of external factors if any).
How is the actual wage fund for dedicated managers determined?
The actual wage fund is determined based on the actual number of dedicated managers and the actual average wage level.
What are SCIC's responsibilities in managing labor, wages, remuneration, and bonuses?
SCIC is responsible for determining the planned wage fund, paying wages, remuneration, and bonuses to managers; performing tasks prescribed in Circular No. 26/2016/TT-BLDTBXH and Circular No. 27/2016/TT-BLDTBXH.
When does this circular take effect?
This circular takes effect from December 1, 2018, but the systems prescribed are applied from January 1, 2018.
全文
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| SOCIALIST REPUBLIC OF VIET NAM
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CIRCULAR
Guidelines for managing labor, wages, remuneration, and bonuses for employees and managers of TState Capital Corporation 3. Amend Clause 3 Article 2 as follows:Investment and BusinessState-owned Capital
Circular No. 16/2018/TT-BLDTBXH dated October 12, 2018, issued by the Minister of Labor, Invalids, and Social Affairs, guiding the management of labor, wages, remuneration, and bonuses for employees and managers of the State Capital Corporation Investment and Business, effective from December 1, 2018, amended and supplemented by:
Circular No. 12/2024/TT-BLDTBXH dated November 14, 2024, issued by the Minister of Labor, Invalids, and Social Affairs, amending and supplementing 10 circulars guiding the implementation of the management of labor, wages, remuneration, and bonuses for the Vietnam Deposit Insurance Corporation, Vietnam Asset Management Company Limited, Vietnam Television, Local Development Fund, State Capital Corporation Investment and Business, Small and Medium Enterprise Credit Guarantee Fund, Small and Medium Enterprise Development Fund, National Science and Technology Innovation Fund, Cooperative Development Support Fund, and guiding the management of labor, wages, remuneration, and bonuses for Vietnam Asset Recovery Company Limited, effective from December 29, 2024.
Based on Decree No. 14/2017/NĐ-CP dated February 17, 2017, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;
Based on Decree No. 147/2017/NĐ-CP dated December 25, 2017, of the Government, amending and supplementing some articles of Decree No. 151/2013/NĐ-CP dated November 1, 2013, of the Government regarding the functions, tasks, and operational mechanisms of the State Capital Corporation Investment and Business;
Based on Decree No. 51/2016/NĐ-CP dated June 13, 2016, of the Government, stipulating the management of labor, wages, and bonuses for employees working in a limited liability company wholly owned by the State; Decree No. 52/2016/NĐ-CP dated June 13, 2016, of the Government, stipulating wages, remuneration, and bonuses for managers of a limited liability company wholly owned by the State;
At the proposal of the Director of the Directorate of Labor Relations and Wages;
The Minister of Labor, Invalids, and Social Affairs issues this Circular guiding the management of labor, wages, remuneration, and bonuses for employees and managers of the State Capital Corporation Investment and Business[1].
Section 1. GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular guides the management of labor, wages, remuneration, and bonuses for employees and managers of the State Capital Corporation Investment and Business (hereinafter referred to as SCIC).
Article 2. Applicability
1. Employees working under a labor contract.
2. Full-time managers and part-time managers, including: Chairman of the Board of Members, Board Member, General Director, Deputy General Director, Head of Supervisory Board, Supervisor, and Chief Accountant.
3. 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, AND BONUSES FOR EMPLOYEES
Article 3. Labor management, determination of salary fund, advance payment of salaries, distribution of salaries and bonuses
1. SCIC shall implement labor management, determine the planned salary fund, unit price of salaries, advance payment of salaries, actual salary fund, distribution of salaries, and bonuses for employees in accordance with the provisions of Section 2; Articles 9, 10, 11, and 13 of Section 3 and Section 4 of Circular No. 26/2016/TT-BLDTBXH dated September 1, 2016 issued by the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of labor management, salaries, and bonuses for employees working in joint-stock companies with 100% state capital (hereinafter referred to as Circular No. 26/2016/TT-BLDTBXH).
2. When determining the average labor productivity according to Clause 2 of the Appendix attached to Circular No. 26/2016/TT-BLDTBXH to determine the planned average salary level and the actual average salary level of SCIC as stipulated in Article 9 and Article 14 of Circular No. 26/2016/TT-BLDTBXH, the labor productivity index is calculated based on the salary calculation index (instead of the total revenue minus total expenditure excluding salaries) and is determined by the following formula:
Korganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.l = 0.3 x Ktn+ 0.6 x Kb + 0.1 x Kqt
Where:
- Ktl: Salary calculation index.
- Ktn: Capital received in the year, calculated as the total value of state capital received in the year (as stated in the Minutes of Transfer of Ownership Rights of State Capital according to documents guiding the transfer of ownership rights of state capital at SCIC issued by the Ministry of Finance).
- Kb: Capital sold in the year, calculated as the original cost (recorded in accounting books) of investments sold by SCIC in the year.
- Kqt: Management capital in the year, determined as follows:
In which: Kqti is the management capital in month i, calculated as the original cost (recorded in accounting books) of investments (capital assets and liabilities, excluding bank deposits) managed by SCIC at 24 hours on the last day of month i in the year.
If the planned salary calculation index compared to the actual performance of the previous year or the actual performance compared to the plan increases by 7% or more, the portion of the salary calculation index exceeding 7% must be deducted as the basis for determining labor productivity. If the planned salary calculation index compared to the actual performance of the previous year or the actual performance compared to the plan decreases by 3% or more, the portion of the salary calculation index that has decreased by more than 3% can be added as the basis for determining labor productivity.
3. When determining the planned average salary level of SCIC as stipulated in Article 9 of Circular No. 26/2016/TT-BLDTBXH, the planned profit index is compared to the profit level of 39,000 billion VND (instead of comparing it to the actual profit level of the previous year).
Article 3a. Establishment of salary scale, wage table, and wage allowances[2]
SCIC shall implement the establishment of salary scales, wage tables, and wage allowances for employees in accordance with Article 9a of Circular No. 26/2016/TT-BLDTBXH supplemented by Clause 3 of Article 1 of Circular No. 06/2024/TT-BLDTBXH dated July 30, 2024 issued by the Minister of Labor, War Invalids and Social Affairs amending and supplementing some articles of Circular No. 26/2016/TT-BLDTBXH dated September 1, 2016 issued by the Minister of Labor, War Invalids and Social Affairs guiding the implementation of labor management, salaries, and bonuses for employees working in joint-stock companies with 100% state capital and Circular No. 27/2016/TT-BLDTBXH dated September 1, 2016 issued by the Minister of Labor, War Invalids and Social Affairs guiding the implementation of salary systems, remuneration, and bonuses for managers of joint-stock companies with 100% state capital (hereinafter referred to as Circular No. 06/2024/TT-BLDTBXH).
Section 3. SALARY, COMPENSATION, AND BONUS FOR MANAGEMENT PERSONNEL
Article 4. Salary grading, determination of salary, compensation, bonus funds, and payment of salary, compensation, and bonus
1. SCIC implements the principle of determining, paying salary, compensation, and bonus; salary grading for dedicated management personnel; determining planned compensation fund, actual compensation fund, and bonus fund; and paying salary, compensation, and bonus for management personnel in accordance with Articles 3, Sections 1 and 2, Articles 12, 13, 14, 16, 17, 18, and 19 of 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 management personnel in state-owned limited liability companies (hereinafter referred to as Circular No. 27/2016/TT-BLDTBXH).
2. SCIC determines the planned salary fund based on the number of dedicated management personnel and the average planned salary level as stipulated in Article 5 of this Circular, and the actual salary fund for dedicated management personnel as stipulated in Article 6 of this Circular.
Article 5. Planned Salary Level for Dedicated Management Personnel [3]
The average planned monthly salary level of dedicated management personnel is determined in conjunction with labor productivity and business efficiency of SCIC (after excluding the impact of external factors if any) as stipulated in Articles 10 and 11 of Circular No. 27/2016/TT-BLDTBXH, which has been amended and supplemented by Clauses 9, 10, 11, 12, and 14 of Article 2 of Circular No. 06/2024/TT-BLDTBXH.
Article 6. Actual Salary Fund for Dedicated Management Personnel[4]
The actual salary fund is determined based on the actual number of dedicated management personnel (averaged) and the average actual salary level as stipulated in Article 15 of Circular No. 27/2016/TT-BLDTBXH.
Section 4. RESPONSIBILITY FOR IMPLEMENTATION AND EFFECTIVENESS OF ENFORCEMENT[5]
Article 7. Responsibility for Implementation
1. Responsibilities of SCIC:
a) The General Director is responsible for performing the tasks specified in Article 17 of Circular No. 26/2016/TT-BLDTBXH.
b) The Board of Members is responsible for performing the contents and tasks specified in Article 18, Clause 4 of Article 22 of Circular No. 26/2016/TT-BLDTBXH and Article 20, Clause 4 of Article 25 of Circular No. 27/2016/TT-BLDTBXH. When submitting salary and bonus reports to the agency representing the owner, they must simultaneously submit them to the Ministry of Labor, Invalids, and Social Affairs for general monitoring, inspection, and supervision.
c) The Head of the Supervisory Board and the Supervisor are responsible for performing the tasks specified in Article 19 of Circular No. 26/2016/TT-BLDTBXH and Article 21 of Circular No. 27/2016/TT-BLDTBXH.
2. The agency representing the owner of SCIC is responsible for performing the tasks 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 SCIC regarding the annual salary and bonus fund, they must simultaneously submit them to the Ministry of Labor, Invalids, and Social Affairs for general monitoring and supervision.
Article 8. Effective Date
1. This Circular takes effect from December 1, 2018.
2. The regulations stipulated in this Circular shall be applied from January 1, 2018.
During the implementation process, if there are any difficulties, agencies and units are requested to report to the Ministry of Labor, Invalids, and Social Affairs for timely guidance and supplementation.
| MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS Number: 465/VBHN-BLDTBXH
| CERTIFIED CONSOLIDATED DOCUMENT Hanoi, February 10, 2025
DEPUTY MINISTER |
[1] Circular No. 12/2024/TT-BLDTBXH dated November 14, 2024, issued by the Minister of Labor, Invalids, and Social Affairs amending and supplementing ten circulars guiding the management of labor, salary, compensation, and bonus for Vietnam Deposit Insurance Corporation, Vietnam Asset Management Corporation, Vietnam Television, Local Development Investment Funds, State Capital Investment and Business Corporation, Small and Medium Enterprise Credit Guarantee Fund, Small and Medium Enterprise Development Fund, National Science and Technology Innovation Fund, Cooperative Support Development Fund, and guiding the management of labor, salary, compensation, and bonus for Vietnam Asset Management Limited Liability Company (hereinafter referred to as Circular No. 12/2024/TT-BLDTBXH), shall take effect from December 29, 2024, based on the following grounds:on"Pursuant to Decree No. 62/2022/NĐ-CP dated September 12, 2022, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;
Pursuant to Decree No. 51/2016/NĐ-CP dated June 13, 2016, of the Government stipulating the management of labor, salary, and bonus for employees working in state-owned limited liability companies;
Pursuant to Decree No. 52/2016/NĐ-CP dated June 13, 2016, of the Government stipulating salary, compensation, and bonus for managers of state-owned limited liability companies;
Pursuant to Decree No. 21/2024/NĐ-CP dated February 23, 2024, of the Government amending and supplementing some articles of Decree No. 51/2016/NĐ-CP dated June 13, 2016, of the Government stipulating the management of labor, salary, and bonus for employees working in state-owned limited liability companies and Decree No. 52/2016/NĐ-CP dated June 13, 2016, of the Government stipulating salary, compensation, and bonus for managers of state-owned limited liability companies;
Pursuant to Decree No. 129/2020/NĐ-CP dated October 27, 2020, of the Government on the functions, tasks, and operational mechanisms of Vietnam Asset Management Limited Liability Company.
Pursuant to Decree No. 129/2020/NĐ-CP dated October 27, 2020 of the Government on the functions, tasks, and operational mechanisms of the Vietnam Asset Management Joint Stock Company Limited;
At the proposal of the Director of the Directorate of Labor Relations and Wages;
The Minister of Labor - Invalids and Social Affairs issues the Circular amending and supplementing ten Circulars guiding the management of labor, wages, remuneration, and bonuses for the Vietnam Deposit Insurance Corporation, the Vietnam Asset Management Company Limited, Vietnam Television, Local Development Investment Funds, the State Capital Investment Corporation, the Small and Medium Enterprise Credit Guarantee Fund, the Small and Medium Enterprise Development Fund, the National Science and Technology Innovation Fund, the Cooperative Development Support Fund, and guiding the management of labor, wages, remuneration, and bonuses for the Vietnam Bond Trading Corporation Limited.
[2] This is supplemented pursuant to Clause 1, Article 5 of Circular No. 12/2024/TT-BLDTBXH, which takes effect from December 29, 2024.
[3] This is amended and supplemented pursuant to Clause 2, Article 5 of Circular No. 12/2024/TT-BLDTBXH, which takes effect from December 29, 2024.
[4] This is amended and supplemented pursuant to Clause 3, Article 5 of Circular No. 12/2024/TT-BLDTBXH, which takes effect from December 29, 2024.
[5] Article 11 of Circular No. 12/2024/TT-BLDTBXH, which takes effect from December 29, 2024, provides as follows:
"Article 11. Effectiveness of Implementation
1. This Circular takes effect from December 29, 2024.
2. The regulations on wage funds, salary payment, remuneration, and bonuses stipulated in Clause 3 and Clause 4, Article 1, Clause 2, Article 2, Clauses 2, 3, 4, 5, and 6, Article 3, Clauses 2, 3, and 4, Article 4, Clause 2, Article 5, Clauses 2 and 3, Article 6, Clauses 2 and 3, Article 1, Clauses 1 and 2, Article 8, Clauses 1 and 3, Article 9, and Clause 2, Article 10 of this Circular shall be applied from January 1, 2024.
3. The provisions on establishing wage scales, pay grades, and job classification stipulated in Clause 1, Article 1, Clauses 1 and 3, Article 2, Clauses 1 and 2, Article 4, Clause 1, Article 5, Clauses 1 and 2, Article 6, Clause 1, Article 7, Clause 1, Article 8, Clauses 1 and 2, Article 9 of this Circular shall be implemented from April 10, 2024.
4. The contents regulated in the Circulars mentioned in Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of this Circular, which are referred to according to Section 2, Article 9, and Article 11 of Circular No. 26/2016/TT-BLDTBXH and Section 2, Article 11, Article 13, Article 20, and Article 22 of Circular No. 27/2016/TT-BLDTBXH, shall be referred to according to the corresponding contents that have been amended and supplemented in Circular No. 06/2024/TT-BLDTBXH.
5. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the newly issued documents.
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