According to the reflection of Ms. Nguyen Hanh, Decree No. 38/2022/ND-CP of the Government stipulating the minimum wage for employees working under labor contracts effective from July 1, 2022 is good news for workers. However, many people are concerned about the fact that the Decree does not stipulate that trained workers are paid 7% higher than the regional minimum wage.

Ms. Nguyen Hanh asked, is this information correct?

In this regard, the Ministry of Labor, War Invalids and Social Affairs replied as follows:

On June 12, 2022, the Government issued Decree No. 38/2022/ND-CP stipulating the minimum wage for employees working under labor contracts.

The above Decree takes effect from July 1, 2022, replacing Decree 90/2019/ND-CP, in which there is no regulation on the salary paid to employees who have undergone vocational training or vocational training higher than at least 7% of the corresponding regional minimum wage.

However, on June 17, 2022, the Ministry of Labor, Invalids and Social Affairs and the Vietnam General Confederation of Labor agreed to issue Official Letter No. 2086/BLDTBXH-TLDLDVN on the implementation of Decree No. 38/2022/ND -CP on the minimum wage, according to which in Section b, Clause 1.1, Article 1 of the Official Dispatch instructs as follows:

With regard to the agreed contents and commitments in the labor contract, labor agreement or other lawful agreements that are more favorable to the employee than the provisions of this Decree, the implementation shall continue unless otherwise agreed by the parties.

Accordingly, the implemented contents, including the salary regime paid to employees who perform jobs or titles that require vocational training, at least 7% higher than the minimum salary, shall continue to continue to perform, unless otherwise agreed by the two parties in accordance with the provisions of the labor law.