Amending regulations on wages in Single Member Limited Liability Companies

Decree No. 21/2024/ND-CP amending Article 4 of Decree No. 51/2016/ND-CP on salary scales, payrolls, and salary allowances for employees working in LLCs with 100% state capital.

*Illustration photo. (Source: Vietnam+)*

The Government has issued Decree No. 21/2024/ND-CP amending and supplementing a number of articles of Decree No. 51/2016/ND-CP dated June 13, 2016 regulating labor management, wages and bonuses for employees working in Single-member Limited Liability Companies with 100% charter capital held by the State and Decree No. 52/2016/ND-CP dated June 13, 2016 regulating wages, remuneration and bonuses for managers of Single-member Limited Liability Companies with 100% charter capital held by the State.

Decree No. 21/2024/ND-CP amending Article 4 of Decree No. 51/2016/ND-CP on salary scales, salary tables, and salary allowances for employees working in One-member Limited Liability Companies with 100% state capital.

Specifically, based on production organization and labor organization, the company builds and issues salary scales, salary tables, and salary allowances as the basis for salary arrangement, salary payment, and implementation of regimes for employees according to the provisions of labor law.

The salary levels in the salary scale, salary table, and salary allowances are decided by the company, but must ensure that the salary fund calculated according to the salary levels in the salary scale, salary table, and salary allowances does not exceed the planned salary fund of employees according to regulations.

When building or amending and supplementing salary scales, salary tables and salary allowances, the company must consult with the organization representing employees at the facility, organize dialogues at the workplace according to regulations, report to the owner's representative agency for comments and make it public at the company before implementation.

At the same time, Decree No. 21/2024/ND-CP also amends and supplements Point a and Point b, Clause 3, Article 5 of Decree No. 51/2016/ND-CP on determining the planned salary fund.

Specifically, when determining the planned salary fund, the company excludes objective factors affecting labor productivity and planned profits compared to the implementation of the previous year, including:

The State adjusts prices, production and business limits (for products and services whose prices are set by the State or whose production and business limits are regulated by the State), provides corporate income tax incentives, increases or decreases state capital, requires companies to relocate or reduce production and business locations, and adjusts mechanisms and policies that directly affect the company's labor productivity and profit targets.

The Company participates in performing political tasks, national security and defense, ensuring social security, balancing supply and demand for the economy according to the Prime Minister's decision; making investments, receiving or transferring the right to represent the ownership of state capital according to the direction of the Government or the Prime Minister; receiving, purchasing, selling, freezing, extending and handling debts, assets, purchasing and selling products and services according to the provisions of law or the requirements of competent state agencies; implementing retroactive provisions according to the Government's regulations; increasing depreciation to recover capital quickly according to the provisions of tax law; adjusting operating policies according to the requirements of competent state agencies, agreements, treaties or regulations of international organizations of which Vietnam is a member; implementing restructuring projects, supplementing or divesting investment capital in other enterprises; making new investments, expanding production and business; Adjust or create new provisions for financial and credit risks according to the provisions of law.

The company provides products and services with prices set by the State and a price adjustment mechanism but the price has not been adjusted to cover actual and reasonable production and business costs when price formation factors change according to the provisions of the Law on Prices; allocates costs for unsuccessful oil and gas exploration and exploitation projects according to the Government's regulations, determines corporate income tax according to oil and gas contracts for oil and gas exploration, exploitation and exploitation companies according to the provisions of the law on taxes; debt purchase and debt settlement turnover has not been recorded in revenue and profit for debt trading companies according to the provisions of law; fluctuations in revenue from securities trading market organization activities and securities depository activities; difference in bonus payment compared to the previous year for lottery companies; changes in the environment and conditions for mineral exploitation for mineral exploitation companies.

In addition, Decree No. 21/2024/ND-CP also amends and supplements Decree No. 52/2016/ND-CP regulating salaries, remuneration, and bonuses for managers of One-member Limited Liability Companies in which the State holds 100% of the charter capital.

Specifically, the phrase “manager” in the name and the phrases “manager” or “company manager” in the articles, clauses, and appendices of Decree 52/2016/ND-CP are replaced by the phrase “manager, controller.”

tang luong 1.jpg — *Illustration photo. (Source: Vietnam+)*

Regarding salary arrangement for full-time managers and controllers, according to new regulations in Decree No. 21/2024/ND-CP, based on the management structure, the Board of Members or the Chairman of the company shall develop, issue salary tables and salary arrangements for full-time managers and controllers as a basis for implementing social insurance, health insurance, unemployment insurance and other regimes according to the provisions of labor law.

The salary levels in the salary table are decided by the Board of Members or the Chairman of the company, but must ensure that the salary fund calculated according to the salary levels in the salary table does not exceed the planned salary fund of the specialized manager and controller according to regulations.

When developing or amending or supplementing the salary table of managers and controllers, the Board of Members or the Chairman of the company must consult with the organization representing employees at the facility, organize a dialogue at the workplace according to regulations, report to the owner's representative agency for approval and make it public at the company before implementation.

Decree No. 21/2024/ND-CP also adds regulations for cases where the company's Board of Supervisors has only one supervisor as prescribed in Article 103 of the Law on Enterprises, the supervisor shall receive salary, remuneration, and bonus for the position of Head of the Board of Supervisors./.

Source: https://www.vietnamplus.vn/sua-quy-dinh-ve-tien-luong-trong-cong-ty-trach-nhiem-huu-han-mot-thanh-vien-post929782.vnp

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