Circular No. 28/2007/TT-BLDTBXH dated December 05, 2007 of the Ministry of Labour, War Invalids and Social Affairs amending the Labour, War Invalids and Social Affairs Ministry'S Circular No. 13/2003/TT-BLDTBXH and Circular No. 14/2003/TT-BLDTBXH dated May 30, 2003, which guide the implementation of a number of articles of the Government's Decree No. 114/2002/ND-CP dated December 31, 2002, regarding wages
THE MINISTRY OF LABOR. WAR INVALIDS AND SOCIA L AFFAIRS
SOCIALIST REPUBLIC OF VIET NAM
Independence Freedom Happiness
Hanoi, December 5, 2007
AMENDING THE LABOR, WAR INVALIDS AND SOCIAL AFFAIRS MINISTRYS CIRCULAR No. 13/2003/TT-BLDTBXH AND CIRCULAR No. 14/2003/TT-BLDTBXH OF MAY 30, 2003, WHICH GUIDE THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENTS DECREE No. 114/2002/ND-CP OF DECEMBER 31, 2002, REGARDING WAGES
In furtherance of the Governments Decree No. 114/2002/ND-CP of December 31, 2002, detailing and guiding the implementation of a number of articles of the Labor Code regarding wages, the Ministry of Labor, War Invalids and Social Affairs issued Circular No. 13/2003/TT-BLDTBXH of May 30, 2003, guiding the implementation of a number of articles of Decree No. 114/2002/ND-CP regarding wages of laborers working in enterprises operating under the Enterprise Law (below referred to as Circular No. 13/2003/TT-BLDTBXH for short), and Circular No. 14/2003/TT-BLDTBXH of May 30, 2003, guiding the implementation of a number of articles of Decree No. 114/2002/ND-CP regarding wages of laborers working in Vietnam-based foreign-invested enterprises and foreign or international agencies and organizations (below referred to as Circular No. 14/2003/TT-BLDTBXH for short).
In the course of implementation, some provinces, cities and enterprises have asked for more specific regulations on the formulation of wage scales and tables and increase of wage grades in the above Circular No. 13/2003/TT-BLDTBXH and Circular No. 14/2003/TT-BLDTBXH. In order to creat conditions for enterprises to strictly implement the provisions of law, ensuring laborer interests; after consulting the Vietnam General Labor Confederation, the Vietnam Chamber of Commerce and Industry and concerned ministries and branches, the Ministry of Labor, War Invalids and Social Affairs guides amendments as follows:
1. To amend Clauses 1 and 2, Section III of Circular No. 13/2003/TT-BLDTBXH and Clauses 1 and 2, Section III of Circular No. 14/2003/ND-BLDTBXH as follows:
1. Wage scales and tables under Clauses 1 and 3, Article 5 of Decree No. 114/2002/ND-CP are specified as follows:
a/ Enterprises shall formulate wage scales and tables, technical criteria and grades, titles and professional criteria as a basis for signing labor contracts and collective labor agreements, identifying wage funds, paying wages, increasing wage grades and settling other benefits for laborers.
b/ The formulation of wage scales and tables must adhere to the principle prescribed in Clause 1, Article 5 of Decree No. 114/2002/ND-CP, specifically:
- The difference between two wage grades should encourage laborers to improve their professional and technical qualifications, accumulate their experience and develop their talent; the difference between two consecutive wage grades must be at least 5%;
- The lowest wage grade in a salary scale or table applicable to laborers practicing occupations or doing jobs that require skill training must be at least 7% higher than the region-based minimum wage level prescribed by the Government;
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- The wage level applicable to hazardous and dangerous or extremely hazardous and dangerous occupations or jobs must be at least 5% higher than that applicable to occupations or jobs under normal working conditions. The list of hazardous and dangerous or extremely hazardous and dangerous occupations and jobs is provided by the Ministry of Labor. War Invalids and Social Affairs.
c/ Enterprises shall select the method specified in Appendix 1 to this Circular (not printed herein) or apply other appropriate methods to formulate wage scales and tables.
d/ When formulating or modifying wage scales or tables, enterprises shall consult grassroots trade-union executive committees or provisional trade-union executive committees and publicize them within enterprises.
dd/ Enterprises shall register wage scales and tables (including modified ones) with stale management agencies in charge of labor in provinces or centrally run cities where they are headquartered before publicizing them within enterprises for application, specifically:
- Enterprises set up after the effective date of this Circular shall, within 6 months after starting operation, formulate and register their wage scales and tables;
- Operating enterprises which have formulated their wage scales and tables but not yet registered or have registered their wage scales and tables which, however, are inconsistent with the provisions of this Circular shall, within 3 months from the effective date of this Circular, register their wage scales and tables or modify and re-register them according to regulations.
A dossier of registration of wage scales and tables comprises:
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