If the price is applied according to the published unit price of the Department of Construction but the Departments have not published the new unit price according to the new basic salary level, can Mr. Tuan apply the new basic salary level to build the salary level according to the employee levels?

Regarding this issue, the Ministry of Labor, War Invalids and Social Affairs responded as follows:

According to the provisions of Decree No. 32/2019/ND-CP dated April 10, 2019 of the Government regulating the assignment, ordering or bidding for the provision of public products and services using the state budget from the regular expenditure source, "management and maintenance of road traffic infrastructure" is included in the list of public products and services specified in Appendix II issued with Decree No. 32/2019/ND-CP.

Accordingly, the determination of salary costs and labor costs in the prices of the above-mentioned public products and services is within the scope of application of Circular No. 17/2019/TT-BLDTBXH dated November 6, 2019 of the Minister of Labor - Invalids and Social Affairs guiding the determination of salary costs and labor costs in the prices and unit prices of public products and services using state budget funds implemented by enterprises.

At the same time, Clause 5, Article 9 of Circular No. 17/2019/TT-BLDTBXH also stipulates that "for public products, services or components of work to implement public products and services of a basic construction nature that are subject to the provisions of the construction law, salary costs and labor costs in the prices and unit prices of the above-mentioned public products and services shall comply with the provisions of the construction law".

Therefore, we suggest that Mr. Truong Anh Tuan review the content of the tasks and nature of the work "regular management and maintenance of roads" to apply the corresponding legal provisions.