Công văn 2588/BHXH-QLT 2022 mức tiền lương làm căn cứ đóng BHXH, BHYT, BHTN từ ngày 01/7/2022

Pursuant to the 2019 Labor Code; the Government’s Decree No. 38/2022/ND-CP dated June 12, 2022, prescribing minimum wage levels applicable to employees working under labor contracts; the Official Dispatch No. 2086/BLDTBXH-TLDLDVN dated June 17, 2022 of the Ministry of Labor, Invalids and Social Affairs and the Vietnam General Confederation of Labor on directing the implementation of Decree No. 38/2022/ND-CP on minimum wage levels. Hanoi Social Security guides the rates of social insurance, health insurance and unemployment insurance premiums applied from July 01, 2022 as follows:

1. Minimum wage levels:

- Region I: VND 4,680,000/month;

- Region II: VND 4,160,000/month;

- Region III: VND 3,640,000/month;

- Region IV: VND 3,250,000/month;

- Minimum wage level is the lowest wage paid to the employee who performs the simplest job in normal working conditions in order to ensure the minimum living conditions of the employee and his/her family according to socio-economic development conditions (Region-based minimum wage level does not include wage-based allowance and additional amounts as prescribed).

- An employer shall apply the minimum wage level prescribed for the locality where it operates. In case an employer has units or branches in localities for which different minimum wage levels are prescribed, each unit or branch shall apply the minimum wage level prescribed for the locality where it operates. For employers operating in industrial parks or export processing zones in localities for which different minimum wage levels are prescribed, the highest minimum wage level shall be applied.

2. Employers shall be responsible for:

+ Reviewing agreements in their labor contracts, collective labor agreements and regulations to adjust and supplement accordingly. It is not allowed to neither abolish nor cut wage-based allowances payable to employees who work overtime, work overtime at night, or benefits in kind and other entitlements in accordance with labor law regulations.

+ Agreed contents or commitments in labor contracts, labor agreements or other legal agreements, that bring more benefits for employees compared to provisions provided in Decree No. 38/2022/ND-CP, shall continue to be implemented, including the level of wage to be paid to an employee performing a job which requires trained employees that is at least 7% higher than the minimum wage level, shall continue to be implemented, unless otherwise agreed by both parties in accordance with labor law regulations.

+ The wage level for payment of social insurance, health insurance, unemployment insurance and occupational accident and disease insurance must be adjusted according to regulations before July 25, 2022. Past the above time limit, for cases where the unit has not yet requested to adjust the wage according to the region-based minimum wage, the social insurance agency will temporarily adjust the salary for payment of social insurance, health insurance, unemployment insurance and occupational accident and disease insurance by the region-based minimum wage for employee who performs the simplest job until the unit prepares an adjustment file according to regulations.

Hanoi Social Security hereby requests employers to seriously implement the above contents to protect the employees’ interests./.

For the Director
The Deputy Director

Dam Thi Hoa