On June 17, 2022 the
Ministry of Labor - War Invalids and Social Affairs and Vietnam General
Confederation of Labor issued document No. 2086/BLĐTBXH-TLĐLĐVN on implementing
Decree No. 38/2022/ND-CP on minimum wage
Accordingly, request employers and
employees in provinces and cities to implement Decree No. 38/2022/ND-CP in a
law-compliant manner while paying attention to:
1. Policies and beneficiaries:
minimum monthly wage and minimum hourly wage are the baseline upon which
employees, trade unions, and employers agree as salary and pay for employees,
in which.
- Minimum monthly wage
applies to employees who are receiving monthly wage.
- Minimum hourly wage applies
to employees who are receiving hourly wage.
- Regarding employees
receiving other forms of wage payment (weekly, daily, by the piece), wages paid
in this method shall be converted to those paid by the month or by the hour
(pursuant to Point a and Point b, Clause 3 Article 4 of Decree No.
38/2022/ND-CP) without falling below minimum monthly wage or minimum hourly
wage regulated by the Government. The conversion of the wages to monthly wage
or hourly wage shall be decided by employers. The conversion results shall be
used to examine compliance with minimum monthly wage or minimum hourly wage
regulated by the Government. The Decree does not require payment methods
between employers and employees to be changed.
2. Responsibilities for
implementation: Clause 3 Article 5 of Decree No. 38/2022/ND-CP regulates
responsibilities of employers:
- Review clauses in
employment contracts, collective employment agreements, regulations, rules ò
employers in order to adjust accordingly; do not remove or reduce wage when
employees work overtime, work at night, or perquisites, or other benefits
according to employment laws.
- If details agreed upon or
set forth under employment contracts, employment agreements, or other legal
agreements are more beneficial to employees than this Decree is, continue to
following said details unless otherwise agreed upon by the parties. According
to the previously mentioned provision, wages for employees working or holding
positions that require vocational training that are at least 7% higher than the
minimum wage shall continued to be implemented unless otherwise agreed upon by
the parties in accordance with employment laws.
Department of
Enterprise Management.