The Labor Code 2012, which is the prescribed law in the territory of Vietnam, specifies the rights, obligations and responsibilities of the employers and the employees.

This Code is applicable to the following:

a.     The Vietnamese employees, apprentices, interns and other employees

b.     The employers

c.      Foreign employees working in Vietnam

d.     Other individuals, agencies and organizations directly related to the labor relation.

Article 91: Minimal Salary Rate

1.  The minimal salary rate is the lowest rate that is paid to the employee who performs the simplest work in the normal working conditions and that must ensure the minimal living needs of the employees and their families.

The minimal salary rate is determined by month, day, hour and shall be established by region and sector.

2.  Based on the minimal living needs of the employees and their families, the social and economic conditions and the salary wage on the labor market, the Government shall announce the regional minimal wage on the basis of the recommendations of the National Wages Council.

3.  The minimal salary rate is determined through the sector collective negotiation and specified in the sector collective labor agreement but is not lower than the minimal salary rate announced by the Government.

Article 105 prescribes that the night working hours shall be considered as between 10 p.m. and 6 a.m. of the following day.

Article 106 regulates that if the employer wants the employee to work besides the normal working hours then that would be considered as overtime working and the employee can be asked to work overtime only with his or her consent. The overtime hours shall not exceed 50% of the normal working hours in a day and the total working hours in such a situation should not exceed 12 hours in a day. The overtime working hours should not exceed 30 hours in a month and 200 hours in a year.

Decree 182/2013/ND-CP stipulates the region-based minimum wage levels applied to laborers working for enterprises, co-operatives, farms, households and individuals and agencies, organizations employing laborers.

This Decree is also applicable to foreign agencies, foreign organizations, international organizations and foreigners in Vietnam employing laborers (unless the international treaties, of which the Socialistic Republic of Vietnam is a member, have provisions different from this Decree).

Article 3 of this Decree stipulates the region-based minimum wage levels applicable under the law. There are four levels prescribed under law.

Regions covered

Minimum Wage (VND)

  11 Urban districts; 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 of Hanoi

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

Urban districts and Cu Chi, HocMon, Binh Chanh, Nha Be rural districts of Ho Chi Minh City

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

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

Vung Tau city of Ba Ria – Vung Tau province

2,700,000
  The remaining rural districts of Hanoi and Hai Phong

Hai Dung 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 Phng, 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 od 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

2,400,000
  The remaining centrally-affiliated cities other than covered above

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 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, Sapa 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 Ven, 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 town and Phu Loc, Phong Dien, Quang Dien, Phu Vang rural districts of Thua Thien Hua 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

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, Phuc Long, Binh Long towns and Doing 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 and 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, rural districts of Hau Giang province

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

2,100,000
  All other localities not covered above 1,900,000

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.

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