​         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.