Chương 4 Nghị định 49/2013/NĐ-CP hướng dẫn Bộ luật lao động về tiền lương: Điều khoản thi hành

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 9. Effect

1. This Decree takes effect on July 01, 2013. Provisions in this Decree shall be applied from May 01, 2013.

2. The Government’s Decree No. 114/2002/ND-CP, of December 31, 2002, detailing and guiding the implementation of a number of the Labor Code’s articles on wages, the Government’s Decree No. 205/2004/ND-CP, of December 14, 2004, providing the system of wage scales, payroll and allowance regimes in state-owned companies cease to be effective on the effective date of this Decree.

Article 10. Responsibility for implementation organization

1. Responsibility for implementation organization of regulations on functions, tasks and organizational structure of the National Wage Council:

a. Heads of agencies, organizations specified in clause 1 Article 5 of this Decree shall appoint representatives to participate in the National Wage Council and send the list to the Ministry of Labor, Invalids and Social Affairs for summarization;

b. Chairperson of the Vietnam Chamber of Commerce and Industry shall select and suggest heads of two Central Trade Associations that use many laborers to appoint representatives for participation in the National Wage Council;

c. The Minister of Labor, Invalids and Social Affairs shall sum up and propose the Prime Minister for appointment of Chairperson, Deputy Chairpersons of the National Wage Council; and decide the appointment of members of the National Wage Council.

2. Responsibilities for implementation organization of the formulation of wage scales, payroll and labor productivity norms.

a. Enterprises shall formulate or review to amend, supplement their wage scales, payroll, labor productivity norms and send them to the labor state management agencies at district level where enterprises located their production and business facilities for monitoring and inspection as prescribed in this Decree. If a enterprise has many units, branches operating in various localities, after formulating and deciding wage scales, payroll and labor productivity norms, it shall send to the labor state management agencies at district level where it located its units, branches for monitoring and inspection;

b. The labor state management agencies at district level where enterprises located their production and business facilities shall receive the wage scales, payroll, labor productivity norms of enterprises as prescribed in clause 2 Article 93 of the Labor Code; clause 6 Article 7 and clause 5 Article 8 of this Decree for reviewing and inspection. If detecting content not consistent with regulation, the labor state management agencies must have written request to enterprises for amendment, adjustment, supplementation in accordance with labor law;

c. People’s Committees of central-affiliated cities and provinces shall direct the provincial Departments of Labor, Invalids and Social Affairs in coordinating with Confederation of Labour and relevant agencies to organize propagation, guidance, inspection, examination for the formulation of wage scale, payroll, labor productivity norms of enterprises in their areas as prescribed in this Decree.

d. Agencies, organizations that are assigned, decentralized in implementation of rights and obligations of owners to State-owned one-member limited liability companies shall receive, examine, supervise the formulation of wage scales, payroll of one-member limited liability companies owned by them.

e. The Ministry of Labor, Invalids and Social Affairs shall guide State-owned one-member limited liability companies, organizations, units of State, joint-stock companies and limited liability companies with two or more members owned by State that are arranging wages under the wage scale, payroll promulgated together with the Government’s Decree No. 205/2004/ND-CP, of December 14, 2004, to implement this Decree, ensure the rational relationship on wage among labor types in companies and trades; transferring and ranking wage for laborers from the wage scales, payroll promulgated together with the Decree No. 205/2004/ND-CP, of December 14, 2004, by the Government to the wage scales, payroll promulgated by companies.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal Peoples Committees and relevant agencies, organizations, enterprises and individuals shall implement this Decree.