Subject to the Application of Statutory Pay Rate

According to Article 1 of Circular 06/2018/TT-BNV guiding the implementation of statutory pay rates for those receiving salaries and allowances in agencies, organizations, and public service providers of the Communist Party, the State, political-social organizations, and associations issued by the Minister of Home Affairs, the applicable subjects for statutory pay rates are specified as follows:

1. Cadres and officials receiving salaries from the state budget working in Communist Party agencies, the State, political-social organizations at the Central level; at the provincial and centrally-run city level; at the district, district-level town, city under province, city under centrally-run city level; and in special administrative-economic units.

2. Civil servants in leadership and management positions and public employees receiving salaries from the salary fund of public service providers according to legal regulations.

3. Officials and public employees seconded or assigned to work at associations, non-governmental organizations, projects, and international agencies and organizations located in Vietnam according to decisions of the competent authority.

4. Cadres and officials at communes, wards, and commune-level towns, and individuals working on an unpaid basis at the commune level, in villages, and in residential groups as stipulated in Decree No. 92/2009/ND-CP dated October 22, 2009, of the Government of Vietnam, regarding titles, numbers, and certain policies for officials at communes, wards, commune-level towns, and individuals working on an unpaid basis at the commune level (as amended and supplemented in Decree No. 29/2013/ND-CP dated April 8, 2013, of the Government of Vietnam).

5. Delegates of the People's Council at all levels who receive activity fees according to current legal regulations.

6. Individuals working in the cryptographic organization.

7. The following subjects are also within the scope of this Circular when calculating and determining the level of contribution and enjoying social insurance benefits and resolving policies related to salary according to legal regulations:

   a) Officials and public employees studying, interning, working, being treated, or receiving care either domestically or internationally who are on the payroll of the Communist Party, State agencies, political-social organizations, public service providers, and associations supported by the state budget;

   b) Individuals on probation or trial employment (including social agency-level official probation) in Communist Party agencies, State agencies, political-social organizations, public service providers, and associations supported by the state budget;

   c) Officials and public employees currently suspended from work, or being temporarily detained or imprisoned;

   d) Cases of employment in Communist Party agencies, State agencies, political-social organizations, public service providers, and associations supported by the state budget, who have labor contracts signed according to the salary schedule issued with Decree No. 204/2004/ND-CP dated December 14, 2004, of the Government of Vietnam on salary policies for officials and public employees and armed forces.

=> For the aforementioned cases, the statutory pay rate applied from July 1, 2019, is 1,490,000 VND. Therefore, your case as a worker does not fall under the applicable subjects of the statutory pay rate.

The above is the consultation content.

Respectfully!