Decree No. 49/2013/ND-CP dated May 14, 2013 of the Government detailing a number of articles of the Labor Code regarding wage

THE GOVERNMENT

Decree No. 49/2013/ND-CP of May 14, 2013, detailing a number of articles of the Labor Code regarding wage

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

Pursuant to the June 18, 2012 Labor Code;

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

The Government promulgates this Decree to detail a number of articles of the Labor Code regarding wage.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree defines the functions, tasks and organizational structure of the National Wage Council prescribed in Clause 2, Article 92; and provides principles of formulation of wage scales, wage tables and labor norms prescribed in Clause 1, Article 93 of the Labor Code.

Article 2. Subjects of application

1. Members of the National Wage Council prescribed in Clause 1, Article 92 of the Labor Code.

2. Employees working under labor contracts prescribed in Clause 1, Article 3 of the Labor Code.

3. Employers prescribed in Clause 2, Article 3 of the Labor Code (below referred to as enterprises).

4. Agencies, organizations and individuals involved in the definition and realization of the National Wage Council’s functions, tasks and organizational structure and the formulation of wage scales, wage tables and labor norms as prescribed in this Decree.

Chapter II

THE NATIONAL WAGE COUNCIL

Article 3. Functions of the National Wage Council

1. The National Wage Council advises the Government on the adjustment and announcement of region-based minimum wage levels.

2. The Prime Minister decides to establish the National Wage Council.

Article 4. Tasks of the National Wage Council

1. To analyze the socio-economic situation and people’s living standards to determine and forecast the minimum living needs of employees and their families; to evaluate the implementation of region-based minimum wage levels, wage levels on the labor market and enterprises’ payment capacity in order to formulate and propose to the Government annual and periodical plans on region-based minimum wages.

2. To study and propose to the Government hour-based minimum wage levels applicable to a number of irregular occupations or jobs or part-time jobs.

3. To review and evaluate the division of localities in which region-based minimum wage levels apply before proposing them to the Government for adjustment or addition.

4. To survey the reality and study foreign experiences to improve the capacity and efficiency of advices and recommendations on minimum wages.

5. To study and advise on other matters related to wage policies at the request of the Government or the Prime Minister.