This remarkable content is mentioned in the Official Dispatch No. 2086/BLDTBXH-TLDLDVN on directing the implementation of Decree No. 38/2022/ND-CP on minimum wage levels dated June 17, 2022 of the Ministry of Labor, Invalids and Social Affairs and the Vietnam General Confederation of Labor.
Accordingly, agreed contents or commitments in labor contracts, labor agreements or other legal agreements, that bring more benefits for employees compared to provisions provided in the Decree No. 38/2022/ND-CP, shall continue to be implemented, unless otherwise agreed by both parties.
Specifically, implemented contents, including the contents that the level of wage to be paid to an employee performing a job which requires trained employees must be at least 7% higher than the relevant minimum wage level, shall continue to be implemented, unless otherwise agreed by both parties in accordance with labor law regulations.
Employers shall be responsible for reviewing agreements in their labor contracts, collective labor agreements and regulations to adjust and supplement accordingly. It is not allowed to neither abolish nor cut wage-based allowances payable to employees who work overtime, at night, or benefits in kind and other entitlements in accordance with labor law regulations.
Also, Chairpersons of People’s Committees of provinces and centrally-run cities shall direct provincial-level Departments of Labor, Invalids and Social Affairs to coordinate with the Management Boards of Industrial Parks and Export Processing Zones, Labor Confederations, employers’ representative organizations at the localities in strengthening the guidance and support for employees, grassroots-level trade union organizations and employers in dialogue and bargain activities, especially collective bargains for agreements on wages and other working conditions that are more beneficial to employees than what is prescribed by law regulations.