Nghị định 70/2011/NĐ-CP quy định mức lương tối thiểu vùng đối với người lao động làm việc ở công ty, doanh nghiệp, hợp tác xã, tổ hợp tác, trang trại, hộ gia đình, cá nhân và cơ quan, tổ chức có thuê mướn lao động

DECREE

STUMILATING REGION-BASED MINIMUM WAGE LEVELS FOR LABORERS WORKING FOR COMPANIES, ENTERPRISES, COOPERATIVES, COOPERATIVE GROUPS, FARMS, HOUSEHOLDS, INDIVIDUALS AND AGENCIES, ORGANIZATIONS EMPLOYING LABORERS

THE GOVERNMENT

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

Pursuant to the Labor Code dated June 23, 1994; the Law on Amending and Supplementing a Number of Articles of the Labor Code dated April 2, 2002; and the Law on Amending and Supplementing a Number of Articles of the Labor Code dated June 29, 2006;

Pursuant to the Law on Enterprises dated November 29, 2005;

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

DECREES:

Article 1. Subjects and scope of application

This Decree stimulates the region-based minimum wage levels for laborers working for companies, enterprises, cooperatives, cooperative groups, farms, households and individuals and agencies, organizations employing laborers, including:

1. The enterprises which are established; organized and managed; and operated under the Law on Enterprises (including Vietnam-based foreign-invested enterprises).

2. The cooperatives, cooperative unions, cooperative groups, farms, households, individuals and the other organizations of Vietnam employing laborers.

3. The foreign agencies, foreign organizations, international organizations and foreigners in Vietnam employing laborers (except the international agreements, which the Socialist Republic of Vietnam is a member, having provisions different from this Decree).

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

Article 2. Region-based minimum wage levels

To stipulate that the region-based minimum wage levels shall be applied from October 01, 2011 to December 31, 2012 as follows:

1. The level of VND 2,000,000/month applies to enterprises operating in localities of region I.

2. The level of VND 1,780,000/month applies to enterprises operating in localities of region II.

3. The level of VND 1,550,000/month applies to enterprises operating in localities of region III.

4. The level of VND 1,400,000/month applies to enterprises operating in localities of region IV.

Localities in which region-based minimum wage levels will be applied are specified in the Appendice attached to this Decree

Article 3. Application of region-based minimum wage levels

1. The region-based minimum wage levels specified in the Article 2 of this Decree are the lowest wage level used as the basic for enterprises and laborers making agreement on wage paid to laborers.

2. The lowest wage levels paid to laborers who have attended vocational training (including training conducted by enterprises’s own) must be at least 7% higher than the region-based minimum wage levels specified in Article 2 of this Decree;

3. The region-based minimum wage levels specified in the Article 2 of this Decree are used as the basic for building wage levels in wage scales, wage tables, wage-based allowances, calculating wage levels indicated in labor contracts, and implementing other regimes adopted and issued by the enterprises according to their competence prescribed by the labor regulations:

4. Based on the region-based minimum wage levels specified in Article 2 of this Decree, the enterprises shall adjust wage levels in the wage scales, wage tables adopted and issued by them, the wages in labor contracts to meet the agreements and legal regulations.

5. The enterprises are encouraged to pay the wage to the laborers higher than the region-based minimum wage levels specified in Article 2 of this Decree:

Article 5. Organization of implementation

1. The Ministry of Labor. War Invalids and Social Affairs shall guide the implementation of this Decree.

2. The Ministry of Labor, War Invalids and Social Affairs shall presides over and coordinate with the Vietnam General Confederation of Labor, the Vietnam Chamber of Commerce and Industry, concerned ministries and sectors and provincial-level People's Committees, in progandizing, disseminating the region-based minimum wage levels specified in this Decree to employees and employers and inspecting and supervising the application of those wage levels; reporting to the Government for consideration and decision on the adjustment of minimum wage levels as prescribed.

Article 5. Effect

1. This Decree takes effect from October 05, 2011.

2. To annul Decree No.108/2010/ND-CP dated October 29, 2010 of the Government, stumulating region-based minimum wage levels for laborers working for Vietnamese companies, enterprises, cooperatives, cooperative groups, farms, households, individuals and other organizations employing laborers and Decree No.107/2010/ND-CP dated October 29, 2010 of the Government stipulating region-based minimum wage levels for vietnamese laborers working for foreign-invested enterprises, foreign agencies and organizations and international organizations and for foreigners in Vietnam; clause 3 of Article 7 of Decree No.22/2011 / ND-CP dated April 04, 2011 of the Government stimulating general minimum wage level.

3. To encourage enterprises to organize mid-shift meals for laborers. The price of mid-shift meal is agreed by the grassroots Union executive Committee or the interim Union executive Committee and laborers, to ensure the quality of mid-shift meals for employees.

4. The state-owned one-member limited liability companies, the parent company - the state corporations which have not yet developed the wage scale, wage tables as stipulated in the Decree No.101/2009/ND-CP dated November 05, 2009 of the Government; state companies which have not been transformed into limited liability companies or shareholding companies; organizations and units currently applying wage regimes like state-owned companies shall have the right to choose the minimum wage higher than general minimum wage prescribed by the Government to determine wage unit prices and wage funds of management officers from 2012 after meeting all conditions stipulated in Decree No.206/2004/ND-CP dated December 14, 2004; Decree 207/2004/ND-CP dated December 14, 2004; Decree No. 86/2007/ND- CP dated May 28, 2007; Decree No.141/2007/ND-CP dated September 05, 2007 of the Government and ensure wage increases of management officer not exceeding the wage increases of employees. In case of failure to satisfy all the conditions stipulated by the Government, but the wage calculated by regime of laborers lower than the region-based minimum wage levels specified in Article 2 of this Decree shall be calculated equal to the region-based minimum wage levels specified in Article 2 of this Decree.

4. The Ministers, heads of ministerial-level agencies, heads of governmental agencies, Presidents of People's Committees of provinces, cities directly under the centrol government, and agencies, enterprises are responsible for the implementation of this Decree. 

APPENDIX I

LIST OF LOCALITIES APPLIED REGION-BASED MINIMUM WAGE LEVELS FROM OCTOBER 01, 2011
(Issuing together with the Government's Decree No.70/2011/ ND-CP of August 22, 2011)

1. Region I, covering the following localities:

- Urban districts and Gia Lam, Dong Anh, Soc Son, Thanh Tri, Tu Liem, Thuong Tin, Hoai Duc, Thach That, Quoc Oai, Me Linh and Chuong My rural districts and Son Tay town of Hanoi;

- Urban districts and Thuy Nguyen, An Duong, An Lao and Vinh Bao rural districts of Hai Phong city;

- The urban districts and Cu Chi, Hoc Mon, Binh Chanh, Nha Be rural district of Ho Chi Minh City;

- Bien Hoa City and Nhon Trach, Long Thanh, Vinh Cuu, Trang Bom rural districts of Dong Nai province;

- Thu Dau Mot; Thuan An, Di An Towns, and Ben Cat, Tan Uyen rural districts of Binh Duong province;

- Vung Tau City of Ba Ria - Vung Tau province.

2. Region II, covering the following localities:

- Remaining districts of Hanoi city;

- Remaining districts of Hai Phong city;

- Hai Duong city of Hai Duong province;

- Hung Yen city and My Hao, Van Lam, Van Giang and Yen My rural districts of Hung Yen province;

- Vinh Yen city, Phuc Yen Town, and Binh Xuyen, Yen Lac rural districts of Vinh Phuc province;

- Bac Ninh city, Tu Son town and Que Vo, Tien Du, Yen Phong, Thuan Thanh rural districts of Bac Ninh province;

- Ha Long and Mong Cai cities of Quang Ninh province;

- Thai Nguyen city of Thai Nguyen province.

- Viet Tri city of Phu Tho province;

- Lao Cai city of Lao Cai province;

- Ninh Binh city of Ninh Binh province;

- Hue city of Thua Thien Hue province;

- Districts of Da Nang city;

- Nha Trang and Cam Ranh cities of Khanh Hoa province;

- Da Lat city and Bao Loc city of Lam Dong province;

- Phan Thiet city of Binh Thuan province;

- The remaining rural districts of Ho Chi Minh city;

- Long Khanh town and Dinh Quan, Xuan Loc rural districts of Dong Nai province;

- Phu Giao and Dau Tieng rural district of Binh Duong Province;

- Chon Thanh rural district of Binh Phuoc province;

- Ba Ria town and Tan Thanh rural district of Ba Ria - Vung Tau province;

- Tan An city and the Duc Hoa, Ben Luc, Can Duoc, Can Giuoc rural districts of Long An province;

- My Tho city of Tien Giang Province;

- Urban districts of Can Tho city;

- Rach Gia city of Kien Giang province;

- Long Xuyen city of An Giang province;

- Ca Mau city of Ca Mau province.

3. Region III, covering the following localities:

- Remaining cities of provinces (except the cities mentioned in the Region II);

- Chi Linh town and Cam Giang, Nam Sach, Kim Thanh, Kinh Mon, Gia Loc, Binh Giang, Tu Ky rural districts of Hai Duong province;

- Vinh Tuong, Tam Dao, Tam Duong, Lap Thach, Song Lo rural districts of Vinh Phuc province;

- Phu Tho town and Phu Ninh, Lam Thao, Thanh Ba, Tam Nong rural districts of Phu Tho province;

- Gia Binh, Luong Tai rural districts of Bac Ninh province;

- VietYen, Yen Dung, Hiep Hoa, Tan Yen, Lang Giang rural districts of Bac Giang province;

- Uong Bi town, Cam Pha town and Hoang Bo, Dong Trieu rural districts of Quang Ninh province;

- Bao Thang, Sa Pa rural districts of Lao Cai Province;

- The remaining districts of Hung Yen province;

- Song Cong town and Pho Yen, Phu Binh, Phu Luong, Dong Hy, Dai Tu rural districts of Thai Nguyen province;

- My Loc rural districts of Nam Dinh province;

- Duy Tien, Kim Bang rural districts of Ha Nam province;

- Tam Diep Town and Gia Vien, Yen Khanh, Hoa Lu rural districts of Ninh Binh province;

- Bim Son Town and Tinh Gia rural districts of Thanh Hoa province;

- Ky Anh rural districts of Ha Tinh province;

- Huong Thuy town and Huong Tra, Phu Loc, Phong Dien, Quang Dien, Phu Vang rural districts of Thua Thien – Hue province;

- Dien Ban, Dai Loc, Duy Xuyen, Nui Thanh rural districts of Quang Nam province;

- Binh Son, Son Tinh rural districts of Quang Ngai province;

- Song Cau town of Phu Yen province;

- Cam Lam, Dien Khanh, Ninh Hoa, Van Ninh rural districts of Khanh Hoa province;

- Ninh Hai, Thuan Bac rural districts of Ninh Thuan province;

- Dak Ha rural district of Kon Tum province;

- Duc Trong, Di Linh rural districts of Lam Dong Province;

- La Gi town and Ham Thuan Bac, Ham Thuan Nam rural districts of Binh Thuan province;

- Trang Bang, Go Dau rural districts of Tay Ninh province;

- Dong Xoai town, Phuoc Long, Binh Long, Dong Phu, Quan Hon rural districts of Binh Phuoc province Hon;

- Remaining rural districts of Dong Nai province;

- Remaining rural districts of Binh Duong province;

- Long Dien, Dat Do, Xuyen Moc, Chau Duc, Con Dao rural districts of Ba Ria - Vung Tau province;

- Thu Thua, Duc Hue, Chau Thanh, Tan Tru, Thanh Hoa rural districts of Long An province;

- Go Cong town and Chau Thanh rural districts of Tien Giang province;

- Chau Thanh rural district of Ben Tre province;

- Binh Minh, Long Ho rural district of Vinh Long province;

- Rural districts of Can Tho city;

- Ha Tien town and Kien Luon, Phu Quoc, Kien Hai, Giang Thanh, Chau Thanh rural districts of Kien Giang province;

- Chau Doc town, Tan Chau town of An Giang province;

- Nga Bay Town and Chau Thanh, Chau Thanh A rural district of Hau Giang province;

- Nam Can, Cai Nuoc, U Minh, Tran Van Thoi rural districts of Ca Mau province.

4. Region IV, covering the remaining localities./.

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