The Ministry of Home Affairs is seeking opinions on the draft Circular abolishing a number of legal normative documents issued by the Minister of Home Affairs and jointly issued by the Ministry of Home Affairs.
According to the draft, 23 legal normative documents issued by the Minister of Home Affairs and jointly issued are proposed to be abolished.
Among these are 5 circulars related to the regime of salaries, remuneration, bonuses and insurance for employees:
Circular No. 15/2015/TT-BLDTBXH dated March 30, 2015 of the Minister of Labor, Invalids and Social Affairs guiding the supervision of the implementation of the regime of recruitment, labor use, salary, remuneration, bonuses and other regimes for employees and management officials in economic groups and general corporations owned by the State with over 50% of charter capital.
According to the draft, Circular No. 15/2015 was issued on the basis of Decree No. 69/2014/ND-CP. This Decree was abolished by Decree No. 23/2022/ND-CP.
Because the direct legal basis for issuing the Circular has expired, this document no longer has a legal basis to continue implementation.
Circular No. 18/2019/TT-BLĐTBXH dated November 8, 2019 guiding the implementation of salaries, training and competition support money, social insurance (BHXH), unemployment insurance, occupational accident and disease insurance and regimes when sick, maternity, and labor accidents for coaches and athletes during training and competition concentration periods.
Circular No. 01/2025/TT-BLDTBXH dated January 10, 2025 stipulates the adjustment level of salary and monthly income already contributed to social insurance.
According to the draft, the legal bases for issuing this Circular have expired, including Decree No. 115/2015/ND-CP and Decree No. 134/2015/ND-CP of the Government.
Because the legal bases for issuing the Circular have expired, the draft identifies that Circular No. 01/2025/TT-BLĐTBXH no longer has a legal basis to continue implementation and proposes to abolish all documents.
For state-owned enterprises, the draft proposes to abolish Circular No. 003/2025/TT-BNV dated April 28, 2025 guiding the implementation of labor management, wages, remuneration, and bonuses in state-owned enterprises.
Circular No. 003/2025 was issued on the basis of Decree No. 44/2025/ND-CP. This Decree was later replaced by Decree No. 248/2025/ND-CP.
However, Decree No. 248/2025/ND-CP allows state-owned enterprises to determine salaries implemented from January 1, 2025 to the end of July 31, 2025 according to Decree No. 44/2025/ND-CP and guiding documents for implementation.
According to transitional regulations, the actual salary of the previous year is approved before April 30 every year. Therefore, Circular No. 003/2025 continues to be applied to complete the determination of salary implemented according to transitional regulations until April 30, 2026.
After this time, the Circular no longer has a basis for continued application. The draft therefore proposes to abolish the entire Circular No. 003/2025.
Similarly, Circular No. 07/2025/TT-BNV dated May 22, 2025 guiding the implementation of labor management, wages, remuneration, and bonuses for organizations according to the provisions of Clause 5 and Clause 8, Article 34 of Decree No. 44/2025/ND-CP is also proposed to be abolished.
