Nghị định 74/2024/NĐ-CP quy định về mức lương tối thiểu đối với người lao động làm việc theo hợp đồng lao động

DECREE

PRESCRIBING STATUTORY MINIMUM WAGES PAID TO EMPLOYEES WORKING UNDER EMPLOYMENT CONTRACTS

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019; 

Pursuant to the Labour Code dated November 20, 2019;

At the request of the Minister of Labour, War Invalids and Social Affairs of Vietnam;

The Government promulgates a Decree prescribing the statutory minimum wages paid to employees working under employment contracts.

Article 1. Scope

This Decree deals with the statutory minimum wages per month and per hour paid to employees working under employment contracts.

Article 2. Regulated entities 

1. Employees who work under employment contracts as prescribed in the Labour Code.

2. Employers as defined in the Labour Code, including:

a) Enterprises as defined in the Law on Enterprises.

b) Regulatory authorities, organizations, cooperatives, family households, and individuals that employ other people under agreements. If employers are individuals, they shall be required to be fully capable of civil acts.

3. Other regulatory authorities, organizations and individuals involved in the application of the statutory minimum wages as prescribed in this Decree.

Article 3. Statutory minimum wages

1. The region-based statutory minimum wages per month and per hour paid to employees are provided for as follows:

2. The list of region-I, region-II, region-III and region-IV subregions is provided in the Appendix enclosed herewith.

3. Determination of a subregion as the basis for application of the statutory minimum wages shall be conducted based on the employer’s place of operation. To be specific:

a) An employer located in a specific subregion shall apply the respective statutory minimum wage applied thereto.

b) In the event that an employer has its affiliates and/or branches located in different subregions to which different statutory minimum wages apply, such affiliates and/or branches must apply the respective minimum wages applied thereto.

c) If an employer is located in an industrial park or export processing zone located in the territory containing two or more subregions to which different statutory minimum wages apply, the highest statutory minimum wage shall apply.

d) If an employer is located in a subregion which is renamed or divided, the statutory minimum wage applied to that subregion before it is renamed or divided shall still apply until new regulations promulgated by the Government come into force.

dd) If an employer is located in a subregion which is converted or established from a subregion or by consolidation of two or more subregions to which different statutory minimum wages apply, the highest statutory minimum wage shall apply.

e) If an employer is located in a provincial city which is established from one or more subregions in the region IV, the statutory minimum wage applied to the remaining provincial cities as prescribed in Clause 3 of the Appendix enclosed herewith shall apply.

Article 4. Application of statutory minimum wages

1. The statutory minimum wage per month is the minimum wage used as the basis for any agreement between employers and employees on monthly salary and payment thereof. The job- or position-based salary of an employee who ensures the normal working hours in a month and has fulfilled his/her labor productivity norms or agreed-upon tasks shall not be lower than the statutory minimum wage per month. 

2. The statutory minimum wage per hour is the minimum wage used as the basis for any agreement between employers and employees on hourly salary and payment thereof. The job- or position-based salary paid for every working hour of an employee who has fulfilled his/her labor productivity norms or agreed-upon tasks shall not be lower than the statutory minimum wage per hour.

3. In case an employee receives weekly or daily salary, piecework pay or a predetermined payment, the wages paid to the employee, when converted into monthly or hourly salary, shall not be lower than the statutory minimum wage per month or per hour. The normal working hours-based converted monthly or hourly salary shall be subjected to the employer’s decision in accordance with regulations of law. To be specific:

a) The converted monthly salary shall equal the product of the weekly salary and 52 weeks divided by 12 months; or the daily salary multiplied by total normal working days in a month; or the piecework pay or predetermined payment for the works performed during normal working hours in a month.

b) The converted hourly salary shall equal the weekly salary and daily salary divided by the normal working hours in a week and a day respectively; or the piecework pay or predetermined payment divided by the working hours, considered as normal working hours, spent for producing a predetermined quantity of products or performing assigned works.

Article 5. Effect and responsibility for implementation

1. This Decree comes into force from July 01, 2024.

2. The Government’s Decree No. 38/2022/ND-CP dated June 12, 2022 shall cease to have effect from July 01, 2024.

3. When applying the statutory minimum wages prescribed in this Decree, employers shall review and make appropriate modifications to salary payment agreements in their employment contracts, collective bargaining agreements, and other regulations or rules. Salary payment agreements or commitments that are more advantageous to employees than those prescribed in this Decree (such as policies stipulating that the wage paid to an employee who is required to possess a specific qualification or complete a specific vocational training course to perform a task or hold a position must be at least 7% higher than the statutory minimum wage, or the wage paid to an employee who performs a task or holds a position in arduous, hazardous and dangerous working conditions and in extremely arduous, hazardous and dangerous working conditions must be at least 5% and 7%, respectively, higher than the wage paid to an employee who performs or holds a task or position of equivalent complication or in normal working conditions) shall remain valid, unless otherwise agreed upon between the parties. Employers are not allowed to cut or reduce overtime pay, nightshift pay, perquisites and other benefits paid to employees as prescribed by the Labour Code.

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of provincial People’s Committees and employers are responsible for the implementation of this Decree.

APPENDIX

LIST OF SUBREGIONS TO WHICH STATUTORY MINIMUM WAGES ARE APPLIED FROM JULY 01, 2024
(Enclosed with the Government’s Decree No. 74/2024/ND-CP dated June 30, 2024)

1. Region I includes the following subregions:

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

- Cities and district-level towns of Quang Ninh Province, including: Ha Long, Uong Bi, Mong Cai, Quang Yen and Dong Trieu;

- Urban and rural districts of Hai Phong City, including: Thuy Nguyen, An Duong, An Lao, Vinh Bao, Tien Lang, Cat Hai and Kien Thuy;

- Hai Duong City of Hai Duong Province;

- Urban districts, Thu Duc City, and other rural districts of Ho Chi Minh City, including: Cu Chi, Hoc Mon, Binh Chanh and Nha Be;

- Bien Hoa City, Long Khanh City and other rural districts of Dong Nai Province, including: Nhon Trach, Long Thanh, Vinh Cuu, Trang Bom, Xuan Loc and Thong Nhat;

- Cities and rural districts of Binh Duong Province, including: Thu Dau Mot, Thuan An, Di An, Tan Uyen, Ben Cat, Bau Bang, Bac Tan Uyen, Dau Tieng and Phu Giao;

- Vung Tau City and Phu My Town of Ba Ria – Vung Tau Province;

- Tan An City and rural districts of Long An Province, including: Duc Hoa, Ben Luc, and Can Giuoc.

2. Region II includes the following subregions:

- Remaining rural districts of Hanoi City;

- Lao Cai City of Lao Cai Province;

- Thai Nguyen City, Song Cong City and Pho Yen City of Thai Nguyen Province;

- Hoa Binh City and Luong Son rural district of Hoa Binh Province;

- Viet Tri City of Phu Tho Province;

- Bac Giang City, Viet Yen Town and Yen Dung rural district of Bac Giang Province;

- Vinh Yen City, Phuc Yen City, and two rural districts of Vinh Phuc Province, including Binh Xuyen and Yen Lac;

- Bac Ninh City, Tu Son City, Thuan An Town, Que Vo Town, and other rural districts of Bac Ninh Province, including: Tien Du, Yen Phong, Gia Binh and Luong Tai;

- Hung Yen City, My Hao Town and other rural districts of Hung Yen Province, including: Van Lam, Van Giang and Yen My;

- Chi Linh City, Kinh Mon Town, and other rural districts of Hai Duong Province, including: Cam Giang, Binh Giang, Tu Ky, Gia Loc, Nam Sach, and Kim Thanh;

- Cam Pha City of Quang Ninh Province;

- Remaining rural districts of Hai Phong City;

- Thai Binh City of Thai Binh Province;

- Nam Dinh City and My Loc rural district of Nam Dinh Province;

- Ninh Binh City of Ninh Binh Province;

- Thanh Hoa City, Sam Son City and two district-level towns of Thanh Hoa Province, including: Bim Son and Nghi Son;

- Vinh City, Cua Lo Town and two rural districts of Nghe An Province, including Nghi Loc and Hung Yen;

- Dong Hoi City of Quang Binh Province;

- Hue City of Thua Thien Hue Province;

- Hoi An City and Tam Ky City of Quang Nam Province;

- Urban and rural districts of Da Nang City;

- Nha Trang City, Cam Ranh City and Ninh Hoa Town of Khanh Hoa Province;

- Da Lat City and Bao Loc City of Lam Dong Province;

- Phan Thiet City of Binh Thuan Province;

- Can Gio rural district of Ho Chi Minh City;

- Tay Ninh City, Trang Bang Town, Hoa Thanh Town, and Go Dau rural district of Tay Ninh Province;

- Rural districts of Dong Nai Province, including Dinh Quan, Tan Phu and Cam My;

- Dong Xoai City, Chon Thanh Town and Dong Phu rural district of Binh Phuoc Province;

- Ba Ria City of Ba Ria – Vung Tau Province;

- Kien Tuong Town and two rural districts of Long An Province, including: Thu Thua and Can Duoc;

- My Tho City and Chau Thanh rural district of Tien Giang Province;

- Ben Tre City and Chau Thanh rural district of Ben Tre Province;

- Vinh Long City and Binh Minh Town of Vinh Long Province;

- Urban districts of Can Tho City;

- Rach Gia City, Ha Tien City and Phu Quoc City of Kien Giang Province;

- Long Xuyen City and Chau Doc City of An Giang Province;

- Tra Vinh City of Tra Vinh Province;

- Soc Trang City of Soc Trang Province;

- Bac Lieu City of Bac Lieu Province;

- Ca Mau City of Ca Mau Province.

3. Region III includes the following subregions:

- Remaining provincial cities (except provincial cities of region I and region II);

- Sa Pa Town and Bao Thang rural district of Lao Cai Province;

- Rural districts of Thai Nguyen Province, including: Phu Binh, Phu Luong, Dong Hy and Dai Tu;

- Rural districts of Bac Giang Province, including: Hiep Hoa, Tan Yen and Lang Giang;

- Rural districts of Hai Duong Province, including: Ninh Giang, Thanh Mien and Thanh Ha;

- Phu Tho Town and rural districts of Phu Tho Province, including: Phu Ninh, Lam Thao, Thanh Ba and Tam Nong;

- Rural districts of Vinh Phuc Province, including: Vinh Tuong, Tam Dao, Tam Duong, Lap Thach and Song Lo;

- Rural districts of Quang Ninh Province, including: Van Don, Hai Ha, Dam Ha and Tien Yen;

- Remaining rural districts of Hung Yen Province;

- Two rural districts of Thai Binh Province, including: Thai Thuy and Tien Hai;

- Remaining rural districts of Nam Dinh Province;

- Duy Tien Town and Kim Bang rural district of Ha Nam Province;

- Rural districts of Ninh Binh Province, including: Gia Vien, Yen Khanh and Hoa Lu;

- Rural districts of Thanh Hoa Province, including: Dong Son, Quang Xuong, Trieu Son, Tho Xuan, Yen Dinh, Vinh Loc, Thieu Hoa, Ha Trung, Hau Loc, Nga Son, Hoang Hoa, and Nong Cong;

- Rural districts and district-level towns of Nghe An Province, including: Quynh Luu, Yen Thanh, Dien Chau, Do Luong, Nam Dan, Nghia Dan, Thai Hoa and Hoang Mai;

- Ky Anh Town of Ha Tinh Province;

- Huong Thuy Town, Huong Tra Town and rural districts of Thua Thien Hue Province, including: Phu Loc, Phong Dien, Quang Dien and Phu Vang;

- Dien Ban Town and rural districts of Quang Nam Province, including: Dai Loc, Duy Xuyen, Nui Thanh, Que Son, Thang Binh and Phu Ninh;

- Two rural districts of Quang Ngai Province, including: Binh Son and Son Tinh;

- Song Cau Town and Dong Hoa Town of Phu Yen Province;

- Rural districts of Ninh Thuan Province, including: Ninh Hai, Thuan Bac and Ninh Phuoc;

- Rural districts of Khanh Hoa Province, including: Cam Lam, Dien Khanh and Van Ninh;

- Dak Ha rural district of Kon Tum Province;

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

- La Gi Town and two rural districts of Binh Thuan Province, including Ham Thuan Bac and Ham Thuan Nam;

- Phuoc Long Town, Binh Long Town and rural districts of Binh Phuoc Province, including: Hon Quan, Loc Ninh and Phu Rieng;

- Remaining rural districts of Tay Ninh Province;

- Rural districts of Ba Ria - Vung Tau Province, including: Long Dien, Dat Do, Xuyen Moc, Chau Duc and Con Dao; 

- Rural districts of Long An Province, including: Duc Hue, Chau Thanh, Tan Tru and Thanh Hoa;

- Cai Lay Town, and two rural districts of Tien Giang Province, including Cho Gao and Tan Phuoc;

- Rural districts of Ben Tre Province, including: Ba Tri, Binh Dai and Mo Cay Nam;

- Two rural districts of Vinh Long Province, including: Mang Thit and Long Ho;

- Rural districts of Can Tho City;

- Rural districts of Kien Giang Province, including: Kien Luong, Kien Hai and Chau Thanh;

- Tan Chau Town and rural districts of An Giang Province, including: Chau Phu, Chau Thanh and Thoai Son;

- Rural districts of Hau Giang Province, including Chau Thanh and Chau Thanh A;

- Duyen Hai Town of Tra Vinh Province;

- Gia Rai Town and Hoa Binh rural district of Bac Lieu Province;

- Vinh Chau Town and Nga Nam Town of Soc Trang Province;

- Rural districts of Ca Mau Province, including: Nam Can, Cai Nuoc, U Minh and Tran Van Thoi;

- Rural districts, including Le Thuy, Quang Ninh, Bo Trach and Quang Trach, and Ba Don Town of Quang Binh Province.

4. Region IV includes the remaining subregions.