Thông tư 25/2011/TT-BLDTBXH

CIRCULAR

GUIDING SALARY GRADING FOR BUSINESS EMPLOYEES WHO HAVE GRADUATED FROM VOCATIONAL COLLEGES, OR SECONDARY OR ELEMENTARY VOCATIONAL SCHOOLS

Pursuant to the Government’s Decree No. 186/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to the Government’s Decree No. 114/2002/ND-CP of December 31, 2002, detailing and guiding the implementation of a number of articles of the Labor Code regarding salaries;

Pursuant to the Government’s Decree No. 205/2004/ND-CP of December 14, 2004, stipulating the system of salary scales, salary tables and salary- based allowances at state companies;

Implementing the direction of the Standing Deputy Prime Minister in the Government Office’s Document No. 8411/VPCP-KTTH of November 18, 2010, and after consulting related ministries and sectors, the Ministry of Labor, War Invalids and Social Affairs guides the grading of salaries for business employees who have graduated from vocational colleges or secondary or elementary vocational schools as follows:

Article 1. Scope of regulation

1. State-owned single-member limited liability companies and organizations and units currently applying the system of salary scales and tables promulgated together with the Government’s Decree No.205/2004/ND-CP of December 14, 2004, stipulating the system of salary scales, salary tables and salary-based allowances at state companies;

2. Limited liability companies (excluding single-member ones stated in Clause 1 above), joint-stock companies, partnerships, private enterprises and foreign-invested enterprises not yet re-registered under Point b, Clause 2 or not yet transformed under Clause 3, Article 170 of the Enterprise Law;

3. Cooperatives, cooperative unions, cooperation groups, farms, households, individuals and other Vietnamese organizations hiring employees under labor contracts;

4. Foreign agencies and organizations, international organizations and foreigners in Vietnam that hire employees under labor contracts (except cases otherwise provided by treaties to which the Socialist Republic of Vietnam is a contracting party).

Companies, enterprises, agencies, organizations, units and individuals stated in Clauses 1, 2, 3 and 4 of this Article are below referred collectively to as businesses.

Article 2. Subjects of application

1. Person having graduated from vocational colleges or secondary or elementary vocational schools who work at businesses stated in Article 1 of this Circular.

2. Employers of businesses stated in Article 1 of this Circular.

3. Owners of businesses stated in Article 1 of this Circular, ministries, sectors, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees.

Article 3. Salary grading

1. Person having graduated from vocational colleges or secondary or elementary vocational schools who work at businesses stated in Clause 1, Article 1 of this Circular shall be salaried according to the salary scales and tables at state companies promulgated together with Decree No.205/2004/ND-CP as follows:

a/ For those having graduated from vocational colleges and working as:

- Technical staff or technicians, they shall receive salaries at level 2 of the technical staff or technician title according to the salary table of professional public employees.

- Record keepers, they shall receive salaries at level 2 of the record-keeper title; service staff, they shall receive salaries at level 3 of the service staff title according to the salary table of executive and service staff.

- Workers or direct production and business staff in a sector or sector group of 6- or 7-level salary scale, they shall receive salaries at level 3 of the sector or sector group in the corresponding salary scale.

- Workers or direct production and business staff under the titles in the salary scale of workers and direct production and business staff with 3 levels or more, they shall receive salaries at level 2 of the titles in the corresponding salary scale.

- Workers or direct production and business staff under the titles in the salary scale of workers and direct production and business staff with 2 levels, they shall receive salaries at level 1 of the titles in the corresponding salary scale.

b/ For those having graduated from secondary vocational schools and working as:

- Technical staff or technicians, they shall receive salaries at level 1 of the technical staff or technician title according to the salary table of professional public employees.

- Record keepers, they shall receive salaries at level 1 of the record-keeper title; service staff, they shall receive salaries at level 2 of the service staff title according to the salary table of executive and service staff.

- Workers or direct production and business staff in a sector or sector group of 6- or 7-level salary scale, they shall receive salaries at level 2 of the sector or sector group in the corresponding salary scale.

- Workers or direct production and business staff under the titles in the salary scale of workers and direct production and business staff, they shall receive salaries at level 1 of the titles in the corresponding salary scale.

c/ For those having graduated from elementary vocational schools and working as:

- Executive or service staff, they shall receive salaries at level 1 of the executive and service staff title according to the salary table of executive and service staff.

- Workers or direct production and business staff in a sector or sector group of 6- or 7-level salary scale, they shall receive salaries at level 1 of the sector or sector group in the corresponding salary scale.

- Workers or direct production and business staff under the titles in the salary scale of workers and direct production and business staff, they shall receive salaries at level 1 of the titles in the corresponding salary scale.

2. Person having graduated from vocational colleges or secondary or elementary vocational schools who work at businesses stated in Clauses 2, 3 and 4, Article 1 of this Circular shall receive salaries according to the salary scales and tables decided by businesses themselves under the Government’s Decree No. 114/2002/ND-CP of December 31, 2002, and guiding documents of the Ministry of Labor, War Invalids and Social Affairs. Specific salary levels shall be agreed upon by employees and employers on the principle of non-discrimination between those who graduated from vocational colleges or secondary vocational schools within the vocational training system and within the system of secondary professional schools and colleges under the 2005 Education Law.

Article 4. Organization of implementation

1. Businesses shall elaborate, review, revise and supplement technical criteria and levels of workers, professional criteria of public employees and staff as well as salary scales and tables developed and decided by themselves as bases for grading and paying salaries under this Circular for persons having graduated from vocational colleges or secondary or elementary vocational schools who work at enterprises.

2. Persons having graduated from vocational colleges or secondary or elementary vocational schools who work at businesses stated in Clause 1, Article 1 of this Circular and currently receiving salaries lower than the levels stipulated in this Circular shall have their salaries re-graded according to the provisions of this Circular from the effective date of this Circular.

3. Ministers, heads of ministerial-level agencies, heads of government- attached agencies and chairpersons of provincial-level People’s Committees shall guide the implementation of this Circular and examine and supervise businesses in implementing this Circular.

Article 5. Implementation provisions

1. This Circular takes effect on November 15, 2011.

2. Persons having graduated from vocational colleges or secondary or elementary vocational schools who work at single-member limited liability companies owned by political or socio-political organizations, at limited liabilities companies with two or more members, joint-stock companies transformed from state companies under the Enterprise Law or businesses of other economic sectors that are applying the system of salary scales and tables promulgated together with Decree No. 205/2004/ND-CP shall have their salaries graded under Clause 1, Article 3 of this Circular.

3. Persons having graduated from vocational colleges or secondary or elementary vocational schools who work at non-business units belonging to businesses that are applying the system of salary scales and tables promulgated together with Decree No. 205/2004/ND-CP or that are applying salary scales and tables elaborated and decided by themselves, shall have their salaries graded under this Circular.

4. Persons having graduated from vocational colleges or secondary or elementary vocational schools who work at state agencies, political or socio-political organizations, armed forces and non-business units that are applying the system of salary scales and tables promulgated together with the Government’s Decree No. 204/2004/ND-CP shall have their salaries graded under the guidance of the Ministry of Home Affairs.

Any problems arising in the course of implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs for timely guidance and supplementation.-