Latest guidance on labor, wages, bonuses

The Ministry of Home Affairs has just issued Circular No. 003/2025/TT-BNV guiding the implementation of labor, salary, remuneration and bonus management in state-owned enterprises according to the provisions of Article 1 of Decree 44/2025/ND-CP dated February 28, 2025 of the Government regulating labor, salary, remuneration and bonus management in state-owned enterprises.

This Circular takes effect from June 15, 2025. The regimes prescribed in this Circular shall be implemented from January 1, 2025.

The Circular applies to the subjects specified in Article 2 of Decree 44/2025/ND-CP, including: Employees working under labor contracts; employees who are officers, professional soldiers, workers, defense officials, officers, non-commissioned officers, police workers, and people working in secretarial work.

General Director, Director, Deputy General Director, Deputy Director, Chief Accountant (hereinafter referred to as the Executive Board).

Chairman and members of the Board of Members or Chairman of the company, Chairman and members of the Board of Directors, excluding independent members of the Board of Directors (hereinafter collectively referred to as Board Members).

Head of the Board of Supervisors, Supervisors, members of the Board of Supervisors (hereinafter referred to as Supervisors).

Representative of state capital invested in enterprises and representative agency of owners according to the provisions of the Law on Management and Use of State Capital Invested in Production and Business at Enterprises.

Agencies, organizations and individuals related to the implementation of regulations in Decree 44/2025/ND-CP.

Regarding the principles of labor management, wages, remuneration and bonuses are implemented according to the provisions of Article 3 of Decree No. 44/2025/ND-CP, in which the profit target to determine wages and profit margin is the profit before income tax of the two enterprises (for enterprises established and operating not for profit purposes, the total revenue minus total costs after excluding the impact of objective factors, if any, can be used instead of the profit target and calculate the profit margin when determining wages); labor productivity and the profit margin on the enterprise's equity or the owner's capital contribution at the enterprise (hereinafter referred to as the profit margin) are determined according to the Appendix issued with this Circular.

Regarding labor management, salary scales, and payrolls, Circular No. 003/2025/TT-BNV stipulates that enterprises develop labor plans, organize recruitment, use labor, and implement policies and regimes for employees as prescribed in Article 5 of Decree 44; develop and promulgate salary scales, payrolls, and salary allowances as prescribed in Article 6 of this Decree.

Every year, the enterprise reviews the salary levels of employees and the Executive Board, Board members, and specialized Supervisors in the current salary scale, salary table, and salary allowances.

In case the salary levels in the current salary scale, salary table, and salary allowances ensure the provisions in Clause 2, Article 6, they shall continue to be implemented according to the provisions in Article 32 of Decree 44.

In case of failure to ensure, the enterprise must amend, supplement or develop a new salary scale, salary table, and salary allowances according to the provisions in Clause 2 and Clause 3, Article 6 of Decree 44.

Source: https://baohatinh.vn/huong-dan-moi-nhat-ve-lao-dong-tien-luong-tien-thuong-post287471.html