Chapter VI
SALARIES
Section 1. NATIONAL SALARY COUNCIL
Article 49. Functions of National Salary Council (NSC)
NSC shall be established by the Prime Minister in accordance with Clause 2 Article 92 of the Labor Code and will provide consultation for the Government regarding:
1. Region-based minimum wages (including monthly and hourly minimum wages).
2. Policies on salaries of employees according to the Labor Code.
Article 50. Duties of National Salary Council (NSC)
1. Carry out surveys; collect information; carry out analysis of salaries and subsistence standards of workers, business performance of enterprises, labor demand – supply relation, employments and unemployment in the economy, and other relevant factors as the basis for determination of minimum wages.
2. Prepare reports on minimum wages based on the factors prescribed in Clause 3 Article 91 of the Labor Code.
3. Review the subsistence standards of workers and their families; apply minimum wages to separate regions.
4. Hold annual negotiations to propose to the Government the plan for adjustments to region-based minimum wages (including monthly and hourly minimum wages).
5. Provide consultation for the Government regarding policies on salaries of employees in enterprises, agencies, organizations and cooperatives in accordance with the Labor Code.
Article 51. Composition of NSC
1. NSC has 17 members: 05 members are representatives of the Ministry of Labor, War Invalid and Social Affairs; 05 members are representatives of Vietnam General Confederation of Labor; 05 members are representatives of some central employer representative organizations; 02 members are independent experts (hereinafter referred to as “independent members). To be specific:
a) The President of NSC is a Deputy Minister of Labor, War Invalid and Social Affairs;
b) 03 Vice Presidents of NSC include a Vice President of Vietnam General Confederation of Labor, a Vice President of Vietnam Chamber of Commerce and Industry and a Vice President of Vietnam Cooperative Alliance (VCA);
c) Other members of NSC: 04 representatives of the Ministry of Labor, War Invalid and Social Affairs; 05 representatives of Vietnam General Confederation of Labor; 03 representatives of central employer representative organizations (including 01 representative of Vietnam Association of Small and Medium Enterprises and 02 representatives of 02 central labor-intensive trade associations); 02 independent members are experts or scientists specialized in salaries, economics, society (except those working at agencies, units, research institutes, universities of the Ministry of Labor, War Invalid and Social Affairs, Vietnam General Confederation of Labor and central employer representative organizations).
2. The President and Vice Presidents of NSC mentioned in Point a and Point b Clause 1 of this Article shall be designated and discharged by the Prime Minister. The Minister of Labor, War Invalid and Social Affairs is authorized by the Prime Minister to designate and discharge other members of NSC mentioned in Point c Clause 1 of this Article. The Presidents and Vice Presidents of NSC work on a part-time basis and have a term of office of up to 05 years.
3. NSC has a technical department and assistance department, which will assist NSC and its President in preparing technical reports relevant to the duties of NSC and performance of its administrative tasks. Members of the technical department and assistance department are personnel of the organizations that participate in NSC and relevant organizations and work on a part-time basis.
Article 52. Operation of NSC
1. NSC shall work as a collective via meetings chaired by the President; open and democratic discussions; voting under majority rules.
2. NSC has its own seal which s managed by the Ministry of Labor, War Invalid and Social Affairs as prescribed by law.
3. Funding for operation of NSC shall be included in annual budget for regular expenditures of the Ministry of Labor, War Invalid and Social Affairs and other lawful sources of funding as prescribed by law. The management, use and reporting of state funding shall comply with regulations of law on state budget and their guiding documents.
Article 53. Responsibility for establishment and operation of NSC
1. The Presidents of Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry, VCA, Vietnam Association of Small and Medium Enterprises shall appoint representatives to participate in NSC and send a list of their representatives to the Ministry of Labor, War Invalid and Social Affairs.
2. The President of Vietnam Chamber of Commerce and Industry shall preside over and consult with the President of VCA in selecting and requesting two central trade associations to appoint representatives as members of NSC.
3. The President of NSC shall discuss with the Vice Presidents, propose independent members to the Minister of Labor, War Invalid and Social Affairs; issue regulations on operation of NSC, the technical department and assistance department.
4. The Minister of Labor, War Invalid and Social Affairs shall request the Prime Minister to consider issuing the decision on establishment of NSC; propose designation of the President and Vice Presidents of NSC to the Prime Minister; decide designation and discharge of other members of NSC.
5. The Minister of Planning and Investment shall provide the results of surveys in living standards, labor, employment, enterprises and other relevant statistics at the request of NSC.
Section 2. SALARY PAYMENT FORMS, OVERTIME PAY, NIGHT WORK PAY
Article 54. Salary payment forms
The forms of salary payment prescribed in Article 96 of the Labor Code are elaborated as follows:
1. The form of salary payment shall be specified in the employment contract on the basis of consensus between the employer and the employee. To be specific:
a) Time-based salary shall be paid to the employee monthly, weekly, daily or hourly as agreed in the employment contract. To be specific:
a1) Monthly salary is the salary for a month’s work;
a2) Weekly salary is the salary for a week’s work. In case monthly salary is specified in the employment contract, the weekly salary equals (=) the monthly salary multiplied by (x) 12 months and divided by (:) 52 weeks;
a3) Daily salary is the salary for a days’ work. In case monthly salary is specified in the employment contract, the daily salary equals (=) the monthly salary divided by (:) the number of normal working days in a month as decided by the employer. In case weekly salary is specified in the employment contract, the daily salary equals (=) the weekly salary divided by (:) the number of working days in a week as specified in the employment contract;
a4) Hourly salary is the salary for an hour’s work. In case monthly, weekly or daily salary is specified in the employment contract, the hourly salary equals (=) the daily salary divided by (:) the number of normal working hours in a day as prescribed by Article 105 of the Labor Code.
b) Piece rate pay is paid to piece workers according to the quantity and quality of products, productivity norms and unit prices of the products.
c) Fixed salary is paid according to the quantity and quality of works and time needed for completion of these works.
2. Payment of salaries in the forms specified in Clause 1 of this Article shall be made transferred to the employees’ bank accounts. In the latter case, the employers shall pay the fees for opening accounts and transferring salaries.
Article 55. Overtime pay
Overtime pay prescribed in Clause 1 Article 98 of the Labor Code is elaborated as follows:
1. An employee receiving time-based salaries will receive overtime pay for working outside of the normal working hours prescribed in Article 105 of the Labor Code shall be calculated as follows:
|
Overtime pay
|
=
|
Hourly salary in a normal working day (normal hourly salary)
|
x
|
At least 150% or 200% or 300%
|
x
|
Overtime hours
|
Where:
a) Hourly salary in a normal working day (hereinafter referred to as “normal hourly salary”) is the actual salary of the work in the month or week in which the employee works overtime (excluding overtime pay, night work pay, salary of public holidays and paid leave prescribed by the Labor Code; bonuses prescribed in Article 104 of the Labor Code; rewards for innovation; mid-shift meal allowance, allowances for travel, communication, housing, daycare, infant care; financial assistance upon death or marriage of a family member, the employee’s birthday, occupational diseases, other allowances and benefits that are not relevant to the performance of the works or position specified in the employment contract) divided by (:) the total number of working hours of the same month or week, which must not exceed the number of normal working days of a month and normal working hours of a day or a week as decided by the enterprise, excluding overtime hours;
b) At least 150% of the normal hourly salary in case of overtime work on normal days; at least 200% of the normal hourly salary in case of overtime work during weekly breaks; at least 300% of the normal hourly salary in case of overtime work during public holiday or paid leave, excluding the daily salary during public holidays or paid leave in case the employee receives daily salary.
2. Employees receiving piece rate pay will be receive overtime pay for working outside of the normal working hours in order to increase the quantity or volume of products according to the productivity norms under agreement with the employer. Overtime pay will be calculated as follows:
|
Overtime pay
|
=
|
Piece rate in a normal working day (normal piece rate)
|
x
|
At least 150% or 200% or 300%
|
x
|
Additional quantity of products
|
Where:
At least 150% of the normal piece rate in case of overtime work on normal days; at least 200% of the normal piece rate in case of overtime work during weekly breaks; at least 300% of the normal piece rate in case of overtime work during public holidays or paid leave.
3. Employees that work overtime during public holidays that are also weekly breaks will receive the overtime pay for working during public holidays. Employees that work overtime on compensatory days off that are also weekly breaks will receive the overtime pay for working during weekly breaks.
Article 56. Night work pay
Night work pay prescribed in Clause 2 Article 98 of the Labor Code is elaborated as follows:
1. Night work pay for employees receiving time-based salaries:
|
Night work pay
|
=
|
Normal hourly salary
|
+
|
Normal hourly salary
|
x
|
At least 30%
|
x
|
Night work hours
|
Where: Normal hourly salary is determined in accordance with Point a Clause 1 Article 55 of this Decree.
2. Night work pay for employees receiving piece rate pay:
|
Night work pay
|
=
|
Normal piece rate
|
+
|
Normal piece rate
|
x
|
At least 30%
|
x
|
Night work products
|
Article 57. Night overtime pay
Employees who work overtime at night as prescribed in Clause 3 Article 98 of the Labor Code will receive overtime pay as follows:
1. For employees receiving time-based salaries:
|
Night overtime pay
|
=
|
Normal hourly salary
|
x
|
At least 150% or 200% or 300%
|
+
|
Normal hourly salary
|
x
|
At least 30%
|
+
|
20%
|
x
|
Daytime hourly salary of a normal working day, during weekly breaks, public holidays or paid leave
|
x
|
Extra night work hours
|
Where:
a) Normal hourly salary is determined in accordance with Point a Clause 1 Article 55 of this Decree;
b) Daytime hourly salary of a normal working day, during weekly breaks, public holiday or paid leave is determined as follows:
b1) Daytime hourly salary of a normal working day shall be at least 100% of the normal hourly salary if the employee does not work overtime during the daytime of the same day (before the night work); at least 150% of the normal hourly salary if the employee works overtime during the daytime of the same day (before the night work);
b2) Daytime hourly salary during weekly breaks shall be at least 200% of the normal hourly salary;
b3) Daytime hourly salary during public holidays or paid leave shall be at least 300% of the normal hourly salary.
2. For employees receiving piece rate pay:
|
Night overtime pay
|
=
|
Normal piece rate
|
x
|
At least 150% or 200% or 300%
|
+
|
Normal piece rate
|
x
|
At least 30%
|
+
|
20%
|
x
|
Daytime piece rate of a normal working day, during weekly breaks, public holidays or paid leave
|
x
|
Quantity of extra products during night work
|
Daytime piece rate of a normal working day, during weekly breaks, public holidays or paid leave is determined as follows:
a) Daytime piece rate of a normal working day shall be at least 100% of the normal piece rate if the employee does not work overtime during the daytime of the same day (before the night work); at least 150% of the normal piece rate if the employee works overtime during the daytime of the same day (before the night work);
b) Daytime piece rate during weekly breaks shall be at least 200% of the normal piece rate;
c) Daytime piece rate during public holidays or paid leave shall be at least 300% of the normal piece rate.
Tìm kiếm
Nghị định 145/2020/NĐ-CP (Bản Pdf)
Nghị định 145/2020/NĐ-CP (Bản Word)