Decree No. 98/2009/ND-CP dated October 30, 2009 of the Government prescribing region-based minimum wage levels for Vietnamese laborers working for foreign-invested enterprises, foreign agencies and organizations, international organizations and foreigners in Vietnam

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Issuing body:	Government	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	98/2009/ND-CP	Signer:	Nguyen Tan Dung
Type:	Decree	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	30/10/2009	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Enterprise, Finance - Banking, Labor - Salary

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THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------
No. 98/2009/ND-CP	Hanoi, October 30, 2009

DECREE

PRESCRIBING REGION-BASED MINIMUM WAGE LEVELS FOR VIETNAMESE LABORERS WORKING FOR FOREIGN-INVESTED ENTERPRISES, FOREIGN AGENCIES AND ORGANIZATIONS, INTERNATIONAL ORGANIZATIONS AND FOREIGNERS IN VIETNAM

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 23, 1994 Labor Code: the April 2, 2002 Law Amending and Supplementing a Number of Articles of the Labor Code; and the June 29, 2006 Law Amending and Supplementing a Number of Articles of the Labor Code;
Pursuant to the XII National Assembly's Resolution No. 56/2006/NQ-QH11 of June 29. 2006, on the five-year socio-economic development plan in the 2006-2010 period;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,

DECREES:

Article 1. To prescribe region-based minimum wage levels for payment to laborers doing simplest jobs under normal working conditions for foreign-invested enterprises, foreign agencies and organizations, international organizations and foreigners in Vietnam (below collectively referred to as enterprises). The region-based minimum wage levels shall be applied from January 1, 2010, according to regions as follows:

1. The level of VND 1,340,000/month applies (o enterprises operating in localities of region I.

2. The level of VND 1,190,000/month applies to enterprises operating in localities of region II.

3. The level of VND 1,040,000/month applies to enterprises operating in localities of region III.

4. The level of VND 1,000.000/month applies to enterprises operating in localities of region IV.

Localities of regions I. II. Ill and IV are specified in the Appendix to this Decree.

Article 2.

1. The region-based minimum wage levels specified in Article 1 of this Decree shall be used as a basis for determining wage levels in wage scales and tables and all kinds of wage allowances, and wage levels specified in labor contracts and for implementing other policies adopted and issued by enterprises according to their competence prescribed by the labor law.

2. The lowest wage level paid to laborers who have received vocational training (including laborers trained by enterprises themselves) must be at least 7% higher than the region-based minimum wage levels specified in Article 1 of this Decree.

3. Enterprises are encouraged to apply a minimum wage level higher than the region-based minimum wage levels specified in Article 1 of this Decree.

4. On the basis of the region-based minimum wage levels specified in Article 1 of this Decree, enterprises shall adjust salaries in labor contracts accordingly.

Article 3.

1. The region-based minimum wage levels specified in Article 1 of this Decree may be adjusted depending on the economic growth rate, cost-of-living index and labor supply-demand in each period.

2. The Ministry of Labor, War Invalids and Social Affairs shall, after consulting the Vietnam General Labor Confederation, representatives of employers and concerned ministries and branches, propose the Government to adjust the region-based minimum wage levels specified in Article 1 of this Decree.

Article 4.

1. This Decree takes effect on January 1. 2010.

2. To annul the Government's Decree No. 111/2008/ND-CP of October 10, 2008, prescribing region-based minimum wage levels for Vietnamese laborers working for foreign-invested enterprises, foreign agencies and organizations, international organizations and foreigners in Vietnam.

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Decree No. 98/2009/ND-CP dated October 30, 2009 of the Government prescribing region-based minimum wage levels for Vietnamese laborers working for foreign-invested enterprises, foreign agencies and organizations, international organizations and foreigners in Vietnam

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