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.
