Circular No. 33/2013/TT-BLDTBXH guiding region-based minimum wage levels for laborers working for enterprises, cooperatives, cooperative groups, farms, households, individuals and labor-employing agencies and organizations

THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Circular No. 33/2013/TT-BLDTBXH of December 16, 2013, guiding region-based minimum wage levels for laborers working for enterprises, cooperatives, cooperative groups, farms, households, individuals and labor-employing agencies and organizations

Pursuant to the Government’s Decree No. 182/2013/ND-CP of November 14, 2013, prescribing region-based minimum wage levels for laborers working for enterprises, cooperatives, cooperative groups, farms, households, individuals and labor-employing agencies and organizations;

Pursuant to the Government’s Decree No. 106/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

At the proposal of the director of the Labor and Wage Department;

The Minister of Labor, War Invalids and Social Affairs promulgates the Circular guiding region-based minimum wage levels for laborers working for enterprises, cooperatives, cooperative groups, farms, households, individuals and labor-employing agencies and organizations.

Article 1. Scope of regulation and subjects of application

This Circular guides region-based minimum wage levels applicable to laborers working under labor contracts and managerial employees paid wages by enterprises, cooperatives, cooperative groups, farms, households, individuals and labor-employing agencies and organizations, including:

1. Enterprises established, organized, managed and operating under the Enterprise Law (including foreign-invested enterprises in Vietnam not re-registered under Point b, Clause 2, Article 170 of the Enterprise Law).

2. Cooperatives, cooperative unions, cooperative groups, farms, households, individuals and other Vietnamese organizations that employ laborers.

3. Foreign agencies and organizations, international organizations and foreigners in Vietnam that employ laborers (unless otherwise provided by treaties to which the Socialist Republic of Vietnam is a contracting party).

Enterprises, agencies, organizations and individuals defined in Clauses 1, 2 and 3 of this Article are below collectively referred to as enterprises.

Article 2. Region-based minimum wage levels

1. The region-based minimum wage levels specified in Clause 1, Article 3 of the Government’s Decree No. 182/2013/ND-CP of November 14, 2013 (below referred to as region-based minimum wage levels) are prescribed as follows:

a/ VND 2,700,000/month, for enterprises operating in region-I geographical areas.

b/ VND 2,400,000/month, for enterprises operating in region-II geographical areas.

c/ VND 2,100,000/month, for enterprises operating in region-III geographical areas.

d/ VND 1,900,000/month, for enterprises operating in region-IV geographical areas.

2. Geographical areas in which the region-based minimum wage levels are applied are specified in the Appendix to the Government’s Decree No. 182/2013/ND-CP of November 14, 2013.

3. The application of the region-based minimum wage levels in different geographical areas in some specific cases is prescribed as follows:

a/ For renamed or separated/split-up geographical areas, the region-based minimum wage level that is applicable before the renaming or separation/split-up will be applied; for geographical areas newly established from geographical areas in which different region-based minimum wage levels are applied, the highest region-based minimum wage level will be applied; for provincial cities established from one or more than one region-IV geographical area, the region-based minimum wage level applicable to region-III geographical areas will be applied.