Article 90 of the 2019 Labor Code stipulates that the salary according to work or position must not be lower than the minimum wage.
Clause 1, Article 91 of the 2019 Labor Code stipulates as follows:
The minimum wage is the lowest wage paid to employees doing the simplest work in normal working conditions to ensure the minimum living standard of employees and their families, in accordance with socio-economic development conditions.
According to Clause 4, Article 5 of Decree 293/2025/ND-CP, it is stipulated that:
- When implementing the minimum wage prescribed in Decree 293/2025/ND-CP, employers are responsible for organizing a review of agreements in labor contracts, collective labor agreements and regulations and rules of the employer to adjust and supplement accordingly; not to abolish or cut salary regimes when employees work overtime, work at night, in-kind compensation regimes and other regimes according to the provisions of labor law.
- For the contents agreed upon and committed in labor contracts, collective labor agreements or other legal agreements that are more beneficial to employees (such as the salary payment regime for employees doing work or the title required through study and vocational training at least 7% higher than the minimum wage and the salary payment regime for employees working in a job or position with arduous, toxic, or dangerous working conditions at least 5%; work or position with especially arduous, toxic, or dangerous working conditions at least 7% higher than the salary of the job or position with equivalent complexity, working in normal working conditions) than prescribed in Decree 293/2025/ND-CP, it shall continue to be implemented, except in cases where other parties have agreed.
Thus, according to the above regulations, in case after implementing the regional minimum wage increase, the salary of employees being paid is lower than the adjusted minimum wage, the salary will be increased according to regulations.
Employers are responsible for organizing a review of agreements in labor contracts, collective labor agreements and regulations of employers to adjust and supplement them accordingly, accordingly:
- If the salary agreed in the labor contract of employees is lower than the regional minimum wage when increasing from January 1, 2026, the enterprise needs to increase it to comply with the new regulations.
- If the salary agreed in the labor contract of the employee is higher or equal to the regional minimum wage when increased from January 1, 2026, the company is not required to adjust the salary increase, at this time the employee will receive a salary increase according to the labor contract (if any).
