Are public preschool teachers entitled to statutory pay rate or regional minimum wage in Vietnam?

Are public preschool teachers entitled to statutory pay rate or regional minimum wage in Vietnam?

In Article 2 of Decree 38/2019/ND-CP, there are regulations on regulated entities for statutory pay rate for civil servants, public employees and armed forces as follows:

Employees on payroll prescribed in Article 1 hereof include:

1. Public officials and public employees from central echelon to district level prescribed in Clause 1 and Clause 2 Article 4 of Law on public officials and public employees 2008.

2. Public officials and public employees at commune level prescribed in Clause 3 Article 4 of Law on public officials and public employees 2008.

3. Public employees working in public sector entities prescribed in Law on Public Employees 2010.

4. Contract employees who are paid as prescribed in Government's Decree No. 204/2004/ND-CP dated December 14, 2004 on pay policy for public officials and public employees and armed forces’ personnel, including: Contract employees in agencies of the Communist Party, the Government, socio-political organizations prescribed in Government's Decree No. 68/2000/ND-CP dated November 17, 2000 on contracts of employment for certain positions in regulatory agencies and public sector entities and Government's Decree No. 161/2018/ND-CP dated November 29, 2018 on amendments to regulations on recruitment of public employees, pay grade advancement for public officials, promotion for public employees and contracts of employment for certain positions in regulatory agencies and public sector entities.

5. Employees on state regular payroll in state-funded associations as defined in Government's Decree No. 45/2010/ND-CP dated April 21, 2010 on organization, operation and management of associations.

6. Commissioned officers, professional soldiers, non-commissioned officers, soldiers and national defense workers and public employees, contract employees in the People's Army of Vietnam.

7. Commissioned officers, non-commissioned officers on payroll, non-commissioned officers, police officers, public security workers and contract employees in the People’s Police of Vietnam.

8. Employees in cryptography organizations.

9. Part-time workers in communes, hamlets or neighborhoods.

According to this Article, you are currently working as a public employee, preschool teacher and teaching at a public school, so you are a public employe operating in a public service unit. Thus, you will receive the statutory pay rate as prescribed in Decree 38/2019/ND-CP in Vietnam.

What is the current statutory pay rate applied in Vietnam? 

In Clause 2, Article 3 of Decree 38/2019/ND-CP, there are regulations on statutory pay rate as follows:

1. The statutory pay rate is the basis for:

a) Determining the levels of salaries in payrolls, allowances and other benefits as per the law with regard to individuals as defined in Article 2 hereof;

b) Determining subsistence allowances as per the law;

c) Determining contributions and benefits concerning the statutory pay rate.

2. From July 1, 2019, the statutory pay rate is VND 1,490,000 per month.

3. The Government shall request the National Assembly to consider adjusting statutory pay rate in conformity with the capacity of the state budget, consumer price index and national economic growth rate.

Thus, the current statutory pay rate applied is 1,490,000 VND/month.

Best regards!