On June 12, 2022, the Government of Vietnam
promulgated Decree No. 38/2022/ND-CP on statutory minimum wages paid
to employees working under employment contracts applied from July 01, 2022.
This Decree deals with the
statutory minimum wages per month and per hour paid to employees working under
employment contracts.
1. Regulated entities:
- Employees who work under employment
contracts as prescribed in the Labour Code.
- Employers
as defined in the Labour Code, including:
+ Enterprises
as defined in the Law on Enterprises.
+ Regulatory
authorities, organizations, cooperatives, family households, and individuals
that employ other people under agreements.
- Other
regulatory authorities, organizations and individuals involved in the
application of the statutory minimum wages as prescribed in this Decree.
2. The region-based statutory minimum wages
per month and per hour paid to employees are provided for as follows:
Region
|
Statutory minimum wages per month
(Unit: VND/month)
|
Statutory minimum wages per hour
(Unit: VND/hour)
|
Region I
|
4.680.000
|
22.500
|
Region II
|
4.160.000
|
20.000
|
Region III
|
3.640.000
|
17.500
|
Region IV
|
3.250.000
|
15.600
|
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. In Dong Nai, it will be:
Region I: Bien Hoa City,
Long Khanh City and other suburban districts of Dong Nai Province, including:
Nhon Trach, Long Thanh, Vinh Cuu, Trang Bom and Xuan Loc;
Region II: Districts: Dinh
Quan and Thong Nhat;
Region III: Districts: Cam
My, Tan Phu
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 monthly normal working
hours and has fulfilled his/her labor productivity norms or tasks as agreed shall
not be lower than the statutory minimum wages per month.
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 to an employee who has
fulfilled his/her labor productivity norms or tasks as agreed shall not be
lower than the statutory minimum wages per hour.
In case an employee receives a weekly or daily salary, a piece-rate pay
or a fixed pay, 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:
- 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 piece-rate pay or fixed pay for
the works performed during normal working hours in a month.
- The converted hourly salary shall equal the weekly or daily salary
divided by the normal working hours in a week or a day respectively; or the
piece-rate pay or fixed pay divided by the working hours, considered as normal
working hours, spent for producing a predetermined quantity of products or
performing assigned works.
This Decree comes into force from July 01, 2022.
Department of Enterprise Management.