Late salary payments will result in a penalty of double the salary plus interest.

February 26, 2015 07:16

If salary payments are delayed by 15 days or more, an additional amount equal to the delayed amount multiplied by the interest rate on 1-month term deposits must be paid.

From March 1st to 10th, 2015, many new policies in the fields of labor - wages, social insurance, securities, banking, etc., came into effect.

Accordingly, employees need to be aware of the policy regarding late salary payments of 15 days or more, which requires additional payment. This is stipulated in Decree 05/2015/ND-CP, effective from March 1, 2015. Specifically, employers who delay salary payments for 15 days or more must pay an additional amount at least equal to the delayed amount multiplied by the maximum interest rate for 1-month time deposits announced by the State Bank of Vietnam at the time of payment.

In exceptional cases due to natural disasters, fires, or other force majeure events where the employer has taken all remedial measures but is unable to pay wages on time as agreed in the labor contract, the delay in payment shall not exceed one month.

In addition, this Decree also provides guidance on the payment of annual leave pay as follows: The salary used as the basis for calculating annual leave pay will be the average salary of the 6 consecutive months preceding the calculation date.

For employees who have worked for less than 6 months, the salary used as the basis for calculation will be the average salary for the entire period of employment.

The salary for one unused annual leave day will be calculated by dividing the average salary mentioned above by the number of normal working days in the month immediately preceding the calculation date.

In cases where an employee's salary is deducted to compensate for damage caused to equipment or tools, the salary used as the basis for calculating the deduction will be the employee's actual monthly salary (after deducting social insurance, health insurance, unemployment insurance, and personal income tax).

This Decree replaces Decree 196-CP of 1994, Decree 41-CP of 1995, Decree 93/2002/ND-CP, Decree 33/2003/ND-CP, and Decree 11/2008/ND-CP.

Also effective from March 1, 2015, new salary rates will be applied to domestic consultants as a basis for estimating the cost of consulting service contracts using state-funded contracts.

Accordingly, the salary shall not exceed 40 million VND/month for consultants falling into one of the following categories:

Applicants must possess a university degree in a relevant field of consulting and have 15 years or more of experience in the consulting profession.

Applicants must possess a master's degree or higher in a relevant consulting field and have at least 8 years of experience in the consulting profession.

Assume the role of Consulting Team Leader or preside over the organization and management of the consulting contract.

In cases where it is necessary to have a consultant with specialized technical expertise, where the labor market supply is limited, or where working conditions are difficult, in remote areas, the consultant's salary may be higher, but not exceeding 1.5 times the above rate.

The above content is stipulated in Circular 02/2015/TT-BLDTBXH and replaces Circular 18/2010/TT-BLDTBXH.

The Prime Minister has also agreed to adjust the monthly salary, wage, and income levels subject to social insurance contributions as stipulated in Circular 03/2015/TT-BLDTBXH, effective from March 9, 2015.

Specifically, employees who are participating in social insurance or are preserving their social insurance participation period, with social insurance contributions based on the salary system determined by the employer, are entitled to a pension, a lump-sum retirement allowance, a lump-sum social insurance payment, or whose dependents are entitled to a lump-sum death benefit in the event of death between January 1st and December 31st, 2015. The regulations in this Circular apply from January 1st, 2015.

Decree 09/2015/ND-CP on an 8% increase in pensions has officially come into effect.

From January 1, 2015, pensions, social insurance benefits, and monthly allowances will be increased by 8% for the following groups: Cadres, civil servants, public employees, and workers; military personnel, public security personnel, and those working in classified positions who are receiving monthly pensions.

Commune, ward, and town officials as stipulated in Decrees 92/2009/ND-CP, 121/2003/ND-CP, and 09/1998/ND-CP are currently receiving pensions and monthly allowances.

Individuals currently receiving monthly disability benefits as prescribed by law; those receiving monthly benefits under Decision 91/2000/QD-TTg and Decision 613/QD-TTg of 2010; and rubber plantation workers receiving monthly benefits.

Commune, ward, and town officials according to Decision 130/CP of 1975 and Decision 111-HĐBT of 1981.

Military personnel are receiving monthly allowances according to Decisions 142/2008/QD-TTg and 38/2010/QD-TTg.

Police officers are receiving monthly allowances according to Decision 53/2010/QD-TTg.

- Military personnel, police officers, and those working in cryptography who receive salaries equivalent to military and police personnel and are currently receiving monthly allowances under Decision 62/2011/QĐ-TTg.

The above content is stipulated in Decree 09/2015/ND-CP and came into effect on March 10, 2015.

In addition, other policies also came into effect from March 1st, such as: Payment of repatriation costs for seafarers; Changes to fixed-line telephone area codes; Prohibition of issuing more than one e-wallet per account; New guidelines on securities transaction registration; Changes to the lawyer practice registration form; New regulations on road motor vehicle modifications…/.

According to VOV