Nghị định 182/2013/NĐ-CP về mức lương tối thiểu vùng

THE GOVERNMENT

Decree No.182/2013/ND-CP dated November 14, 2013 of the Government on stipulating regional minimum wage level for laborers working for enterprises, cooperatives, cooperative groups, farms, households, individuals and agencies, organizations employing laborers

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Labor Code dated June 18, 2012;

Pursuant to the Law on Enterprises dated November 29, 2005;

At the request of the Minister of Labor, Invalids and Social Affairs;

The Government promulgates Decree stipulating regional minimum wage levels for laborers working for enterprises, cooperatives, cooperative groups, farms, households, individuals and agencies, organizations employing laborers,

Article 1. Scope of regulation

This Decree stipulates the regional minimum wage levels applied to laborers working for enterprises, cooperatives, cooperative groups, farms, households and individuals and agencies, organizations employing laborers.

Article 2. Subjects of application

1. The enterprises which are established; organized and managed; and operated under the Law on Enterprises (Including Vietnam-based foreign-invested enterprises).

2. The cooperatives, cooperative unions, cooperative groups, farms, households, individuals and the other organizations of Vietnam employing laborers.

3. The foreign agencies, foreign organizations, international organizations and foreigners in Vietnam employing laborers (Unless the international treaties, of which the Socialist Republic of Vietnam is a member, have provisions different from this Decree).

Enterprises, cooperatives, cooperative unions, cooperative groups, farms, households, agencies, organizations, and individuals defined in Clauses 1, 2 and 3 of this Article are collectively referred to as enterprises.

Article 3. Regional minimum wage levels

1. To stipulate the regional minimum wage levels applied to enterprises as follows:

a) The level of VND 2,700,000/month applies to enterprises operating in localities of region I.

b) The level of VND 2,400,000/month applies to enterprises operating in localities of region II.

c) The level of VND 2,100,000/month applies to enterprises operating in localities of region III.

d) The level of VND 1,900,000/month applies to enterprises operating in localities of region IV.

2. Localities in which regional minimum wage levels will be applied are specified in the Appendix attached to this Decree.

Article 4. Application of regional minimum wage levels

1. The regional minimum wage levels specified in Clause 1 Article 3 of this Decree are basis for enterprises and laborers making agreement on wage ensuring:

a) The monthly wage levels paid to untrained laborers working simplest jobs, under normal working conditions, being ensured sufficient the normal working duration in month and finished under the labor norms or the agreed work are not lower than the minimum wage levels.

b) The lowest wage levels paid to laborers who have received vocational training (Including laborers trained by enterprises themselves) must be at least 7% higher than the regional minimum wage levels.

2. Based on the regional minimum wage levels specified in Clause 1 Article 3 of this Decree, the enterprises shall determine and adjust wage levels in the wage scales, wage tables adopted and issued by them, the wage levels in labor contracts of employees in line with labor legislation.

3. The enterprises are encouraged to make agreements and pay the wage to the laborers higher than the regional minimum wage levels specified in Clause 1 Article 3 and Clause 1 this Article.

Article 5. Effect

1. This Decree takes effect on December 31, 2013. The regional minimum wage levels specified in Clause 1 Article 3 of this Decree shall be applied from January 01, 2014.

2. This Decree replaces Government’s Decree No. 103/2012/ND-CP dated December 04, 2012, stipulating the regional minimum wage levels applied to laborers working for enterprises, cooperatives, cooperative groups, farms, households and individuals, and agencies, organizations employing laborers.

Article 6. Responsibilities of implementation

1. The Minister of Labor, Invalids and Social Affairs shall guide implementation of this Decree.

2. The Ministry of Labor, Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Vietnam General Confederation of Labor, The Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Alliance, Association of Vietnamese small and medium-sized enterprises, Ministries, relevant agencies and People’s Committees of provinces, central-affiliated cities in propagating, popularizing down employees, the employers and inspecting, supervising implementation of the regional minimum wage levels specified in this Decree; submitting to the Government for consideration and adjustment of the regional minimum wage levels in accordance with regulations.   

3. The Ministers, heads of ministerial-level agencies, heads of governmental agencies, Chairpersons of People s Committees of provinces and central-affiliated cities, and agencies, enterprises are responsible for the implementation of this Decree.

On behalf of the Government

Prime Minister

Nguyen Tan Dung

APPENDIX

LIST OF LOCALITIES APPLIED THE REGIONAL MINIMUM WAGE LEVELS FROM JANUARY 01, 2014
(Issuing together with the Government s Decree No. 182/2013/ND-CP of November 14, 2013)

1. Region I includes the following localities:

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

- Urban districts and Thuy Nguyen, An Duong, An Lao, Vinh Bao rural districts of Hai Phong City;

- Urban districts and Cu Chi, Hoc Mon, Binh Chanh, Nha Be rural districts of Ho Chi Minh City;

- Bien Hoa City and Nhon Trach, Long Thanh, Vinh Cuu, Trang Bom rural districts of Dong Nai province;

- Thu Dau Mot city, Thuan An, Di An towns, and Ben Cat, Tan Uyen rural districts of Binh Duong province;

- Vung Tau City of Ba Ria – Vung Tau province.

2. Region II includes the following localities:

- The remaining rural districts of Hanoi City;

- The remaining rural districts of Hai Phong City;

- Hai Duong City of Hai Duong province;

- Hung Yen City and My Hao, Van Lam, Van Giang, Yen My rural districts of Hung Yen province;

- Vinh Yen City, Phuc Yen town and Binh Xuyen, Yen Lac rural districts of Vinh Phuc province;

- Bac Ninh City, Tu Son town and Que Vo, Tien Du, Yen Phong, Thuan Thanh rural districts of Bac Ninh province;

- Ha Long, Mong Cai Cities of Quang Ninh province;

- Thai Nguyen City of Thai Nguyen province;

- Viet Tri City of Phu Tho province;

- Lao Cai City of Lao Cai province;

- Ninh Binh City of Ninh Binh province;

- Hue City of Thua Thien Hue province;

- Urban and rural districts of Da Nang City;

- Nha Trang, Cam Ranh cities of Khanh Hoa province;

- Da Lat, Bao Loc cities of Lam Dong province;

- Phan Thiet City of Binh Thuan province;

- Can Gio rural districts of Ho Chi Minh City;

- Long Khanh town and Dinh Quan, Xuan Loc rural district of Dong Nai province;

- Phu Giao, Dau Tieng rural district of Binh Duong province;

- Chon Thanh rural district of Binh Phuoc province;

- Ba Ria City and Tan Thanh rural district of Ba Ria - Vung Tau province;

- Tan An City and Duc Hoa, Ben Luc, Can Duoc, Can Giuoc rural districts of Long An province;

- My Tho City of Tien Giang province;

- Urban districts of Can Tho City;

- Rach Gia City of Kien Giang province;

- Long Xuyen City of An Giang province;

- Ca Mau City of Ca Mau province;

3. Region III includes the following localities:

- The remaining centrally- affiliated cities (except those of region I and region II);

- Chi Linh town and Cam Giang, Nam Sach, Kim Thanh, Kinh Mon, Gia Loc, Binh Giang, Tu Ky rural districts of Hai Duong province;

- Vinh Tuong, Tam Dao, Tam Duong, Lap Thach, Song Lo rural districts of Vinh Phuc province;

- Phu Tho town and Phu Ninh, Lam Thao, Thanh Ba, Tam Nong rural district of Phu Tho province;

- Gia Binh, Luong Tai rural districts of Bac Ninh province;

- Viet Yen, Yen Dung, Hiep Hoa, Tan Yen, Lang Giang rural districts of Bac Giang province;

- Hoanh Bo, Dong Trieu rural districts of Quang Ninh province;

- Bao Thang, Sa Pa rural districts of Lao Cai province;

- The remaining rural districts of Hung Yen province;

- Song Cong town and Pho Yen, Phu Binh, Phu Luong, Dong Hy, Dai Tu rural districts of Thai Nguyen province;

- My Loc rural district of Nam Dinh province;

- Duy Tien, Kim Bang rural districts of Ha Nam province;

- Tam Diep town and Gia Vien, Yen Khanh, Hoa Lu rural districts of Ninh Binh province;

- Bim Son town and Tinh Gia rural district of Thanh Hoa province;

- Ky Anh rural district of Ha Tinh province;

- Huong Thuy, Huong Tra towns and Phu Loc, Phong Dien, Quang Dien, Phu Vang rural districts of Thua Thien Hue province;

- Dien Ban, Dai Loc, Duy Xuyen, Nui Thanh rural districts of Quang Nam province;

- Binh Son, Son Tinh rural districts of Quang Ngai province;

- Song Cau town of Phu Yen province;

- Ninh Hai, Thuan Bac rural districts of Ninh Thuan province;

- Ninh Hoa town and Cam Lam, Dien Khanh, Van Ninh rural districts of Khanh Hoa province;

- Dak Ha rural district of Kon Tum province;

- Duc Trong, Di Linh rural district of Lam Dong province;

- La Gi town and Ham Thuan Bac, Ham Thuan Nam rural district of Binh Thuan province;

- Trang Bang, Go Dau rural districts of Tay Ninh province;

- Dong Xoai, Phuoc Long, Binh Long towns and Dong Phu, Hon Quan rural districts of Binh Phuoc province;

- The remaining rural districts of Dong Nai province;

- Long Dien, Dat Do, Xuyen Moc, Chau Duc, Con Dao rural district of Ba Ria - Vung Tau province;

- Thu Thua, Duc Hue, Chau Thanh, Tan Tru, Thanh Hoa rural districts of Long An province;

- Go Cong town and Chau Thanh rural district of Tien Giang province;

- Chau Thanh rural district of Ben Tre province;

- Binh Minh town and Long Ho rural district of Vinh Long province;

- Rural districts of Can Tho City;

- Ha Tien town and Kien Luong, Phu Quoc, Kien Hai, Giang Thanh, Chau Thanh rural districts of Kien Giang province;

- Tan Chau town of An Giang province;

- Nga Bay town and Chau Thanh, Chau Thanh A rural districts of Hau Giang province;

- Nam Can, Cai Nuoc, U Minh, Tran Van Thoi rural districts of Ca Mau province.

4. Region IV includes the remaining localities.