Legislation

Legislation
Decree No. 31/2012 / ND-CP Regulations on general minimum wage

GOVERMENT
——–

SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
—————-

Number: 31/2012 / ND-CP

Hanoi, April 12, 2012

DECREE

PROVISIONS OF MINIMUM SALARY

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to the Labor Code of June 23, 1994; Law amending and supplementing a number of articles of the Labor Code of April 2, 2002; Law amending and supplementing a number of articles of the Labor Code of June 29, 2006; Law amending and supplementing Article 73 of the Labor Code dated April 2, 2007;

Pursuant to the National Assembly's Resolution No. 14/2011 / QH13 of November 10, 2011, on the 2012 state budget estimates;

At the proposal of the Minister of Labor, War Invalids and Social Affairs, the Minister of Home Affairs and the Minister of Finance;

The Government issued a decree stipulating the common minimum wage,

Article 1. General minimum wage

The common minimum wage made from May 1, 2012 is VND 1,050,000 / month.

Article 2. Subjects and scope of application

The general minimum wage prescribed in this Decree applies to officials, public servants, officials of the armed forces and laborers working at agencies, units and organizations:

1. State agencies, armed forces, political organizations and socio-political organizations.

2. State non-business units; non-business units of political organizations and socio-political organizations.

3. State-owned one-member limited liability companies are organized to manage and operate under the Enterprise Law.

Article 3. Application of common minimum wage

The general minimum wage stipulated in this Decree serves as a basis for:

1. Calculation of salary levels in the system of wage scales, payrolls, wage allowance levels and implementation of a number of other regimes according to law provisions for officials, public servants and employees of forces armed forces and laborers working in agencies, units and organizations specified in Article 2 of this Decree.

2. Calculation of subsidies from May 1, 2012 onwards for redundant laborers according to the Government's Decree No. 91/2010 / ND-CP of August 20, 2010, defining policies towards laborers redundant when rearranging state-owned one-member limited liability companies.

3. Calculate the deductions and benefits regimes calculated according to the common minimum wage.

Article 4. Funding for implementing the common minimum wage

1. Funding for subjects guaranteed by the state budget from the following sources:

a) Using 10% of regular expenditure savings (except salaries and salary-related items) according to the estimates assigned by competent authorities in 2012 of administrative agencies and non-business units.

b) Using at least 40% of the collected revenue according to the 2012 regime of administrative and non-business agencies with revenues. Particularly for non-business units in the health service, at least 35% of the collected revenues shall be used according to the prescribed regime (after subtracting expenses for medicines, blood, infusions, chemicals, consumable supplies and supplies instead so).

c) Using 50% of the increase in local budget revenue, excluding the increase of land use levy (including 50% of the revenue increase compared to the 2011 revenue estimate, assigned by the Prime Minister and 50% increase in the collection 2012 accounting compared to the 2011 revenue estimate of the Prime Minister assigned).

d) Funding sources to implement the remainder of the remainder of the wage by the end of 2011 of administrative agencies, non-business units and local budget levels.

e) The central budget shall supplement funding sources for the implementation of the common minimum wage in cases where the ministries, central agencies and provinces and centrally-run cities have strictly complied with the provisions of Point a, b, c and Point d Clause 1 of this Article but still lacking.

e) The central budget supports the disadvantaged localities, cannot balance the source with the average level of 2/3 compared to the common minimum salary for the non-specialized people of communes, wards, townships and villages. and street population groups are determined in accordance with the provisions of Decree No. 92/2009 / ND-CP dated October 22, 2009 of the Government.

2. Funds for the implementation of the common minimum wage for laborers working in companies prescribed in Clause 3, Article 2, guaranteed by the company and accounted into production costs or production and business costs.

Article 5. Responsibility for implementation guidance

1. The Ministry of Labor, War Invalids and Social Affairs shall, after consulting Vietnam General Confederation of Labor, representatives of concerned employers and ministries and branches, guide the implementation of the common minimum wage level for companies. State-owned one-member limited liability; guide the calculation of allowances as prescribed in Clause 2, Article 3 of this Decree for redundant laborers according to Decree No. 91/2010 / ND-CP of August 20, 2010.

2. The Ministry of Home Affairs shall assume the prime responsibility and coordinate with the Ministry of Finance and concerned ministries and branches in guiding the implementation of the common minimum wage level for agencies, units and organizations specified in Clause 1 and Clause 2, Article 2 of the Decree. this.

3. The Ministry of Defense and the Ministry of Public Security shall, after reaching agreement with the Ministry of the Interior and the Ministry of Finance, guide the implementation of the common minimum wage for subjects under their management.

4. The Ministry of Finance shall assume the prime responsibility and coordinate with the concerned ministries and branches in taking responsibility for:

a) To guide the calculation and balancing of funding sources for the implementation of the common minimum wage prescribed in Clause 1, Article 4 of this Decree.

b) Appraising and supplementing the budget for implementing the minimum wage for ministries, central agencies and provinces and cities directly under the Central Government for the cases specified at Point e, Clause 1, Article 4 of the Decree This and ensure targeted additional sources for disadvantaged localities as prescribed in Point e, Clause 1, Article 4 of this Decree and sum up and report the implementation results to the Prime Minister.

Article 6. Effect

1. This Decree takes effect from June 1, 2012.

The provisions in this Decree are calculated from May 1, 2012.

2. Repeal the Decree No. 22/2011 / ND-CP dated April 4, 2011 of the Government stipulating the common minimum wage.

Article 7. Organization of implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial / municipal People's Committees shall implement this Decision.

Recipients:
- Party Central Committee Secretariat;
- Prime Minister, Deputy Prime Ministers;
- Ministries, ministerial-level agencies, agencies under the CP;
- Central Steering Committee on anti-corruption;
- People's Councils and People's Committees of provinces and cities under central authority;
- Central Office and Party Committees;
- Office of the President;
- National Council and Committees of the National Assembly;
- Congress office;
- Supreme People's Court;
- People's Procuratorate of the Supreme;
- State Audit;
- National Financial Supervisory Board;
- Social Policy Bank;
- Vietnam Development Bank;
- Vietnam Deposit Insurance;
- Vietnam Fatherland Front Central Committee;
- Central agencies of unions;
- Agricultural Economic Groups and Corporations 91;
- Government Office: BTCN, PCNs, Assistant to the Prime Minister, Departments, Departments and units, Official Gazette;
- Archive: Letters, KTTH (5b).
TM. GOVERMENT
PRIME MINISTER
Nguyen Tan Dung

HUNG DAO LAW FIRM

Address no.01: 220 National Road 13, ward 26, Binh Thanh District, Ho Chi Minh City

Address no.02: 320 Ta Quang Buu, ward 4, District 8, Ho Chi Minh City

Website: luathungdao.com

Email: info@luathungdao.com

Phone: 098 2425 456 - 0938 669 199 - 090 252 4567