To: Employers in Ho Chi Minh City

Pursuant to the 2014 Law on Social Insurance; 2019 Labor Code; Government’s Decree No. 38/2022/ND-CP dated June 12, 2022 prescribing statutory minimum wages paid to employees working under employment contracts; Decision No. 23/2021/QD-TTg dated July 07, 2021 on implementation of certain policies to support employees and employers in difficulty due to the covid-19 pandemic; Official Dispatch No. 2086/ BLDTBXH-TLDLLDVN dated June 17, 2022 of the Ministry of Labour, Invalids and Social Affairs - Vietnam General Confederation of Labor on guidance on implementation of Decree No. 38/2022/ND-CP on statutory minimum wages, the Ho Chi Minh City Social Security provides guidance on payment of social insurance, health insurance, unemployment insurance, occupational accident and occupational disease insurance from July 01, 2022. To be specific:

1. Statutory minimum wages

Region

Statutory minimum wages per month
(Unit: VND/month)

Statutory minimum wages per hour
(Unit: VND/hour)

Region I

4.680.000

...

...

...

Region II

4.160.000

20.000

Region III

3.640.000

17.500

Region IV

3.250.000

15.600

...

...

...

- The statutory minimum wage per month is the minimum wage paid to an employee who performs the simplest duties under the normal conditions in order to ensure the minimum living standard of employee and his/her family in conformity with socio-economic development.

- An employer located in a specific subregion shall apply the respective statutory minimum wage applied thereto. In case of affiliates and/or branches located in different subregions to which different statutory minimum wages apply, such affiliates and/or branches must apply the respective statutory minimum wages applied thereto. If an affiliate is located in an industrial park or export processing zone which is located in the territory containing two or more subregions to which different statutory minimum wages apply, the highest statutory minimum wage shall apply

- 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 in accordance with regulations of the Government.

- Review and make appropriate amendments to their agreements in employment contracts, collective bargaining agreements as well as other regulations and rules. Overtime pay, nightshift pay, perquisites and other benefits paid to employees must not be cut or reduced as prescribed by the Labour Code

- Agreements or commitments under employment contracts, collective bargaining agreements or other lawfully concluded agreements that are more advantageous to employees than the provisions of Decree No.38/2022/ND-CP shall remain valid. In which, the wage paid to a skilled employee or position that is at least 7% higher than the region-based minimum wage shall remain unless otherwise agreed upon between the parties according to regulations of the law.

- After the employers review and adjust the statutory minimum wages in the pay scales, payrolls that have been sent by the employers to the labor authorities on the principle that the statutory minimum wages must not be lower than the minimum wages specified in Decree No. 38/2022/ND-CP, the wages and remunerations stated under employment contracts that serve as the basis for payment of social insurance, health insurance, unemployment insurance and occupational accident and occupational disease insurance for each employee shall be adjusted according to the pay scales, payrolls.

Before the end of July 25, 2022, the employer shall submit an application for adjustment of the wages paid for social insurance, health insurance, unemployment insurance and occupational accident and occupational disease insurance to employees according to the new minimum wages (if any). If an employer fails to make adjustment before the above time limit, the social security agency will temporarily use the new statutory minimum wages paid to employees who perform the simplest duties as the basis for social insurance, health insurance, unemployment insurance, occupational accident and occupational disease insurance until the application for adjustment is made according to regulations.

- The social security agency only confirms the process of social insurance and unemployment insurance and settles benefits if the employer makes application for adjustment of the minimum wages in accordance with the above regulations.

2. Rate of premium to be paid to the Insurance fund for occupational accidents and diseases

...

...

...

For your information and compliance./.

PP. DIRECTOR
VICE DIRECTOR




Nguyen Quoc Thanh

Công văn 3288/BHXH-QLT hướng dẫn thực hiện đóng bảo hiểm xã hội, bảo hiểm y tế, bảo hiểm thất nghiệp, bảo hiểm tai nạn lao động, bệnh nghề nghiệp từ ngày 01/7/2022 do Bảo hiểm xã hội thành phố Hồ Chí Minh ban hành