Management of Labor, Determination of the Salary Fund, and Advance Payment of the Salary Fund for the National Technology Innovation Fund?

1. How to manage labor, determine salary fund, and advance salary fund for the National Technology Innovation Fund?

Based on Article 3 of Circular 12/2022/TT-BLDTBXH, which regulates labor management, determining salary funds, advancing salary funds, and distributing salaries and bonuses as follows:

1. The Fund manages labor according to the provisions of Section 2 of Circular No. 26/2016/TT-BLDTBXH dated September 1, 2016, issued by the Minister of Labor - Invalids and Social Affairs, guiding the implementation of labor management, salaries, and bonuses for employees working in one-member limited liability companies with 100% state-owned charter capital (hereinafter referred to as Circular No. 26/2016/TT-BLDTBXH).

2. Public employees and workers enjoy salaries and bonuses from the salary and bonus funds determined by the Fund according to the following regulations:

a) Salary fund (planned and actual), the advance and distribution of salaries, and bonuses for public employees and workers are implemented according to the provisions of Articles 9, 10, and 13 of Sections 3 and 4 of Circular No. 26/2016/TT-BLDTBXH.

b) When determining the average planned salary, the average actual salary to calculate the salary fund (planned and actual) according to the provisions of Articles 9 and 14 of Circular No. 26/2016/TT-BLDTBXH, the profit indicators (planned profit, actual profit in the year, and actual profit of the preceding year) are calculated based on the difference between total income and total expenses (hereinafter referred to as income minus expenditure difference) of the Fund.

2. What are the objective factors excluded in determining the salary fund of public employees and workers?

According to Article 4 of Circular 12/2022/TT-BLDTBXH, which regulates the exclusion of objective factors in determining the salary fund of public employees and workers, it is as follows:

1. When determining the salary fund (planned and actual) of public employees and workers, if there are objective factors directly affecting labor productivity or the income minus expenditure difference, these must be determined and excluded to ensure salaries are linked to actual labor productivity and effective operation of the Fund.

2. The objective factors to exclude when determining the salary fund include the factors specified in clause 1, Article 11 of Circular No. 26/2016/TT-BLDTBXH and clause 3, Article 44 of Decision No. 04/2021/QD-TTg.

3. The exclusion of the impact of objective factors on labor productivity and the income minus expenditure difference of the Fund must be quantified by specific values.

Best regards!