|Where issued:||Goverment||Effective date:||01/01/2020|
|Date issued:||15/11/2019||Status:||Still validated|
|GOVERMENT||SOCIAL REPUBLIC OF VIETNAM|
Independence - Freedom - Happiness
|Number: 90 / 2019 / ND-CP||Hanoi, date 15 month 11 year 2019|
REGULATING MINIMUM WAGES REGARDING THE LABOR WORKERS UNDER THE LABOR CONTRACT
Pursuant to the Law on Government Organization dated June 19, 6;
Pursuant to the Labor Code dated 18 of month 6 year 2012;
Pursuant to the Enterprise Law dated November 26, 11;
At the request of the Minister of Labor - Invalids and Social Affairs;
The Government issued a decree stipulating a regional minimum wage for workers working under labor contracts.
Article 1. Scope
This Decree prescribes the regional minimum wages applicable to employees working under labor contracts in accordance with the provisions of the Labor Code.
Article 2. Subject of application
1. Employees work under the labor contract regime in accordance with the provisions of the Labor Code.
2. Enterprises established, organized, managed and operated in accordance with the Law on Enterprises.
3. Cooperatives, unions of cooperatives, cooperative groups, farms, households, individuals and other organizations of Vietnam that employ labor under labor contracts.
4. Foreign agencies, organizations, international organizations and foreigners in Vietnam that hire workers under labor contracts (except in the case of international treaties to which the Socialist Republic of Vietnam is signed). being a member has provisions different from those of this Decree).
Enterprises, cooperatives, cooperative unions, cooperative groups, farms, households, agencies, organizations and individuals are prescribed in the items 2, 3 and Item XNXX. is a business.
Article 3. Regional minimum wage
1. Regulations on regional minimum wage applicable to employees working in enterprises are as follows:
a) The level of 4.420.000 VND/month, applicable to enterprises operating in the area of region I.
b) The level of 3.920.000 VND/month, applicable to enterprises operating in the area of region II.
c) The level of 3.430.000 VND/month, applicable to enterprises operating in the area of Region III.
d) VND30 / month, applied to enterprises operating in Region IV.
2. The area of application of the regional minimum wage level is prescribed according to the district, town and provincial-level administrative units. The list of areas subject to the application of the minimum wage level in regions I, II and III and region IV is prescribed in the Appendix to this Decree.
Article 4. Principle of applying regional minimum wage by location
1. If an enterprise operates in an area, the regional minimum wage rate prescribed for that area shall apply. In case an enterprise has units or branches operating in different areas with different regional minimum wages, in which area the unit or branch operates, the regional minimum wage rate prescribed for the locality shall apply. there.
2. Enterprises operating in industrial parks and export processing zones located in areas with different regional minimum wages shall apply according to the areas with the highest regional minimum wages.
3. An enterprise operating in an area that changes its name or splits up shall temporarily apply the regional minimum wage rate prescribed for the area before the name change or separation until the Government issues new regulations. .
4. If an enterprise operating in a geographical area is newly established from one or more geographical areas with different regional minimum wages, the regional minimum wage rate shall apply according to the area with the highest regional minimum wage. In case an enterprise operating in an area that is a city directly under a province is newly established from an area or more than one area in Region IV, the regional minimum wage rate prescribed for the remaining provincial cities shall apply. in Section 3 of the Appendix issued together with this Decree.
Article 5. Apply regional minimum wage
1. The regional minimum wage prescribed in Article 3 of this Decree is the lowest level serving as a basis for enterprises and laborers to reach agreement and pay salaries, in which the wage level is paid to laborers working on average working conditions. usually, ensuring the normal working time in a month and fulfilling the agreed labor or work norms must ensure:
a) Not lower than the regional minimum wage for workers doing simple jobs;
b) At least 7% higher than the regional minimum wage for laborers who do jobs requiring vocational training and vocational training as prescribed in Clause 2 of this Article.
2. Employees who have passed vocational training or vocational training include:
a) Persons who have been granted vocational certificates, vocational diplomas, professional secondary school diplomas, vocational high school diplomas, college degrees, general university certificates, university degrees, bachelor's degrees, master's degrees or master's degrees , a doctoral degree as prescribed in Decree No. 90-CP of November 24, 11 of the Government providing for the framework structure of the national education system, the system of diplomas and certificates in education and training;
b) The person who has been granted a professional secondary school diploma, a vocational training diploma, a college diploma, a university diploma, a master's degree, or a doctoral degree; diplomas and certificates of vocational education; higher education diplomas and continuing education diplomas and certificates as prescribed in the Education Law 1998 and the Education Law 2005;
c) The person who has been granted a certificate under the regular vocational training program, a certificate of primary vocational training, a diploma of vocational secondary school, a diploma of a vocational college or has completed an apprenticeship program under a prescribed apprenticeship contract. at the Law on Vocational Training;
d) Persons who have been granted national occupational skill certificates under the provisions of the Employment Law;
dd) Persons who have been granted diplomas or certificates of vocational education training at elementary, intermediate or college levels; regular training and other vocational training programs as prescribed in the Law on Vocational Education;
e) The person who has been granted a diploma of higher education training as prescribed in the Law on Higher Education;
g) Persons who have been granted diplomas and certificates of foreign training establishments;
h) Persons who have been vocationally trained or self-trained by enterprises and inspected and arranged by enterprises to do jobs requiring vocational training.
3. When implementing the regional minimum wage stipulated in this Decree, enterprises must not eliminate or reduce wage regimes when laborers work overtime, work at night, work in working conditions. heavy and harmful, in-kind compensation regime for heavy and hazardous occupational titles and other regimes according to the provisions of labor legislation. Other allowances and supplements, allowances and bonuses prescribed by enterprises shall comply with the agreements in labor contracts, collective labor agreements or regulations of enterprises.
Article 6. Enforcement and responsibility for implementation
1. This Decree takes effect from January 01, 01. Decree No. 2020/157/ND-CP dated November 2018, 16 of the Government stipulates regional minimum wages for employees. The employment contract under the labor contract expires from the effective date of this Decree.
2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People's Committees of the provinces and centrally-run cities and the agencies and enterprises shall be responsible for the implementation of this Decree. ./.
LIST OF LOCATIONS APPLICATION OF MINIMUM Wage FROM JANUARY 01, 01
(Attached to the Decree No. XNXX / 90 / ND-CP dated 2019 month 15X year 11 of the Government)
1. Region I, including the following areas:
– The districts and districts of Gia Lam, Dong Anh, Soc Son, Thanh Tri, Thuong Tin, Hoai Duc, Thach That, Quoc Oai, Thanh Oai, Me Linh, Chuong My and Son Tay town of Hanoi city;
– The districts and districts of Thuy Nguyen, An Duong, An Lao, Vinh Bao, Tien Lang, Cat Hai, Kien Thuy in Hai Phong city;
– The districts and districts of Cu Chi, Hoc Mon, Binh Chanh, Nha Be of Ho Chi Minh City;
– Bien Hoa city, Long Khanh town and Nhon Trach, Long Thanh, Vinh Cuu and Trang Bom districts of Dong Nai province;
– Thu Dau Mot city, Thuan An, Di An, Ben Cat, Tan Uyen townships and Bau Bang, Bac Tan Uyen, Dau Tieng, Phu Giao districts of Binh Duong province;
– Vung Tau city, Phu My town in Ba Ria – Vung Tau province.
2. Region II, including the following areas:
– The remaining districts belong to Hanoi city;
– The remaining districts belong to Hai Phong city;
– Hai Duong city in Hai Duong province;
– Hung Yen city, My Hao town and Van Lam, Van Giang and Yen My districts of Hung Yen province;
- Vinh Yen and Phuc Yen cities and Binh Xuyen and Yen Lac districts of Vinh Phuc province;
– Bac Ninh city, Tu Son town and Que Vo, Tien Du, Yen Phong, Thuan Thanh, Gia Binh and Luong Tai districts of Bac Ninh province;
– The cities of Ha Long, Cam Pha, Uong Bi and Mong Cai in Quang Ninh province;
– The cities of Thai Nguyen, Song Cong and Pho Yen town of Thai Nguyen province;
– Viet Tri city in Phu Tho province;
– Lao Cai city in Lao Cai province;
– Nam Dinh city and My Loc district of Nam Dinh province;
– Ninh Binh city in Ninh Binh province;
– Hue city in Thua Thien Hue province;
– Hoi An and Tam Ky cities in Quang Nam province;
– Districts and districts of Da Nang city;
– The cities of Nha Trang and Cam Ranh in Khanh Hoa province;
– The cities of Da Lat and Bao Loc in Lam Dong province;
– Phan Thiet city in Binh Thuan province;
– Can Gio district of Ho Chi Minh City;
– Tay Ninh city and Trang Bang and Go Dau districts of Tay Ninh province;
– Dinh Quan, Xuan Loc, Thong Nhat districts of Dong Nai province;
– Dong Xoai city and Chon Thanh and Dong Phu districts of Binh Phuoc province;
– Ba Ria city in Ba Ria – Vung Tau province;
– Tan An city and Duc Hoa, Ben Luc, Thu Thua, Can Duoc and Can Giuoc districts of Long An province;
– My Tho city and Chau Thanh district in Tien Giang province;
– Ben Tre city and Chau Thanh district in Ben Tre province;
– The districts of Can Tho city;
– The cities of Rach Gia, Ha Tien and Phu Quoc district of Kien Giang province;
– Long Xuyen and Chau Doc cities in An Giang province;
– Tra Vinh city in Tra Vinh province;
– Ca Mau city in Ca Mau province;
– Dong Hoi city in Quang Binh province.
3. Region III, including the following areas:
- The remaining cities under the province (except the cities under the province mentioned in region I and II);
– Cam Giang, Nam Sach, Kim Thanh, Kinh Mon, Gia Loc, Binh Giang, Tu Ky districts of Hai Duong province;
- Vinh Tuong, Tam Dao, Tam Duong, Lap Thach and Song Lo districts of Vinh Phuc province;
– Phu Tho town and Phu Ninh, Lam Thao, Thanh Ba and Tam Nong districts of Phu Tho province;
– The districts of Viet Yen, Yen Dung, Hiep Hoa, Tan Yen and Lang Giang in Bac Giang province;
- The towns of Quang Yen, Dong Trieu and Hoanh Bo district of Quang Ninh province;
- Bao Thang and Sa Pa districts of Lao Cai province;
– The remaining districts belong to Hung Yen province;
– Phu Binh, Phu Luong, Dong Hy, Dai Tu districts of Thai Nguyen province;
– Luong Son district of Hoa Binh province;
– The remaining districts belong to Nam Dinh province;
– Duy Tien and Kim Bang districts of Ha Nam province;
– Cua Lo town and Nghi Loc and Hung Nguyen districts of Nghe An province;
– Gia Vien, Yen Khanh and Hoa Lu districts of Ninh Binh province;
– Bim Son town and Tinh Gia, Dong Son and Quang Xuong districts of Thanh Hoa province;
– Ky Anh town in Ha Tinh province;
– Towns of Huong Thuy, Huong Tra and districts of Phu Loc, Phong Dien, Quang Dien and Phu Vang of Thua Thien Hue province;
- Dien Ban town and Dai Loc, Duy Xuyen, Nui Thanh, Que Son, Thang Binh and Phu Ninh districts of Quang Nam province;
– Binh Son and Son Tinh districts of Quang Ngai province;
– Song Cau town and Dong Hoa district in Phu Yen province;
– Ninh Hai and Thuan Bac districts of Ninh Thuan province;
- Ninh Hoa town and Cam Lam, Dien Khanh and Van Ninh districts of Khanh Hoa province;
– Dak Ha district of Kon Tum province;
– Duc Trong and Di Linh districts of Lam Dong province;
– La Gi town and Ham Thuan Bac and Ham Thuan Nam districts of Binh Thuan province;
- Phuoc Long and Binh Long towns and the districts of Hon Quan, Loc Ninh and Phu Rieng in Binh Phuoc province;
- The remaining districts belong to Tay Ninh province;
– The remaining districts belong to Dong Nai province;
– Long Dien, Dat Do, Xuyen Moc, Chau Duc and Con Dao districts of Ba Ria - Vung Tau province;
- Kien Tuong town and Duc Hue, Chau Thanh, Tan Tru and Thanh Hoa districts of Long An province;
– Go Cong and Cai Lay towns and Cho Gao and Tan Phuoc districts of Tien Giang province;
– Ba Tri, Binh Dai and Mo Cay Nam districts of Ben Tre province;
– Binh Minh town and Long Ho district of Vinh Long province;
– The districts of Can Tho city;
– Kien Luong, Kien Hai and Chau Thanh districts of Kien Giang province;
– Tan Chau town and Chau Phu, Chau Thanh and Thoai Son districts of An Giang province;
– Nga Bay town and Chau Thanh and Chau Thanh A districts of Hau Giang province;
– Duyen Hai town in Tra Vinh province;
– Gia Rai town in Bac Lieu province;
- Vinh Chau and Nga Nam towns in Soc Trang province;
– Nam Can, Cai Nuoc, U Minh and Tran Van Thoi districts of Ca Mau province;
– Le Thuy, Quang Ninh, Bo Trach and Quang Trach districts and Ba Don town in Quang Binh province.
4. Region IV, including the remaining areas./.