Law 10/2012/qh13: Labour

Original Language Title: Bộ luật 10/2012/QH13: Lao động

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;

Congress enacted the labor code.

Chapter I GENERAL PROVISIONS article 1. The adjustment range of The labor law, labor standard rules; the rights, obligations, liability of the employees, the employers, organized labour representative, the representative organizations of employers in labor relations and the other relations directly related to labour relations; governance of labor.

Article 2. Application object 1. Vietnam workers, apprentices, workers and other professions are regulated in this law.

2. The employers.

3. foreign workers working in Vietnam.

4. Agencies, organizations, and individuals have directly related to labour relations.

Article 3. Explanation of terms In this law, the terms below are interpreted as follows: 1. The employee is enough people from 15 years of age, have the ability to labor, working under employment contracts, wages and subject to the management, of the employers.

2. The employer's enterprise, agency, organisation, cooperative, household, personal hiring, employers under the employment contract; If the individual must have the capacity for civil acts in full.

3. Collective labor is the organized set of employees working for the employer or a person in a Department in the organizational structure of the employer.

4. Organized labor representative at the facility is the Executive Board of the Union base or the Executive Committee of the superior group directly in the base where not yet established the Union base.

5. The organisation representing the employers are legally established organizations, representing and defending the rights, legitimate interests of employers in labor relations.

6. Labor relations are social relations arise in the hiring, employers, paid between the workers and the employers.

7. Labor dispute is a dispute on the rights, obligations and interests arising between the parties in labour relations.

Labor disputes including personal labor disputes between workers with employers and collective labor disputes between the labour collective with the employers.

8. collective labor disputes on rights as collective disputes between workers with the employer arising from the interpretation and implementation of the various provisions of the labour legislation, collective labor agreement, labor regulations, statutes and other legal agreements.

9. collective labor disputes about the labor dispute is the benefit arising from the labour collective required establishing new labor conditions in comparison with the provisions of the labour legislation, collective labor agreement, labor regulations or the Statute, other legal agreements in the process of negotiations between the labor collective with the employers.

10. Forced Labor is the use of force, threat of force or other tricks aimed at forcing other people to the left of labor.

Article 4. The State's policy of labour 1. Ensuring the legitimate rights and interests of workers; encourage secured agreements for workers to have more favorable conditions than the provisions of labour legislation; has the policy to employees to buy shares, which is developing the production business.

2. Ensure the legitimate rights and interests of the employers, labor-management law, democracy, justice, civilization and enhance social responsibility.

3. Create favourable conditions for job creation activities, self-employment, vocational and apprenticeship to work; production, business activities attract many workers.

4. development policy, human resource distribution; vocational training, refresher and advanced level vocational skills for workers, incentives for qualified workers with expertise in high technology, to meet the requirements of the chemical industry, modernization of the country.

5. the development of the labor market, diverse forms of connection of supply and demand of labour.

6. Guide the workers and the employers in the collective negotiation, dialogue, build harmonious labor relations, stability and progress.

7. Ensure the principle of gender equality; regulations on labor and social policy in order to protect women workers, labor is disabled, elderly workers, juvenile workers.

Article 5. Rights and obligations of workers 1. Workers have the following rights: a) to work, free choice of employment, occupation, vocational school, to improve their profession and do not suffer discrimination;

b) paid consistent with the level of vocational skills on the basis of agreement with the employers; labour protection, working in conditions of occupational safety, hygiene and labour; vacation mode the vacation, according to the annual salary and enjoy collective welfare;

c) to establish, join, Union activity, professional organisations and other institutions in accordance with the law; requirements and join the dialogue with the employers, the democracy regulations and consultation at work to protect the rights and legitimate interests; join the management according to the rules of the employer;

d) unilateral termination of labor contract under the provisions of the law;

DD) strike.

2. Employees have the following obligations: a) the implementation of the labor contract, collective labour agreement;

b) observance of the discipline of labor, labor regulations, obey the lawful Executive of the employers;

c) implementation of the provisions of the law on social insurance and health insurance legislation.

Article 6. The rights and obligations of the employers 1. The employers have the following rights: a) employment, labour administration layout according to the needs of production, business; rewards and treats labor discipline violation;

b) established, joined, active in professional organizations and other organizations in accordance with the law;

c) requires the labor collective dialogue, negotiate, signing collective labor agreement; Join resolve labor disputes, strike; Exchange with the Union on issues of labor relations, improve the material and spiritual life of workers;

d) closed temporarily work.

2. The employers have the following obligations: a) the implementation of the labor contract, collective labor agreement and other agreements with employees, respect for the honor, the dignity of workers;

b) design and implementation of collective dialogue with labour in the business and make serious democratic rules in the base;

c) Established the shared management, the shared wages and when the competent authority required;

d) process of the employer within a period of 30 days from the start date of operation and periodically report the situation changes during labor operation with State administration of local labor;

DD) implementation of the provisions of the labour legislation, the law on social insurance and health insurance legislation.

Article 7. Labour relations 1. Labor relations between workers or workers with employers who are established through dialogue, negotiation, the agreement according to the principle of voluntary, goodwill, equality, cooperation, respect for the rights and legitimate interests of each other.

2. Trade Union organizations representing the employers involved with State agencies to support construction of harmonious labor relations, stability and progress; to supervise the enforcement of the provisions of the law on labour; protect the legitimate rights and interests of the workers, the employers.

Article 8. The prohibited acts 1. Discrimination on gender, ethnicity, skin color, social composition, marital status, creed, religion, disability, HIV infection or for reasons of establishing, joining and Union activity.

2. The mistreatment of workers, sexual harassment in the workplace.

3. Forced Labor.

4. nominal advantage of vocational, trades to benefit the axis, exploitative labor or seduce, force the apprentices, who practices the profession into unlawful activities.

5. Employers are not yet through vocational training or vocational skills certificate not available nationally for the profession, the work must employers have been training or must have the certificate of vocational skills.

6. Seduction, promises and deceptive advertising to cheat or take advantage of labor employment services, the labour operation go to work abroad under a contract to perform acts contrary to law.

7. use of juvenile workers is unlawful.

Chapter II EMPLOYMENT article 9. Job, job 1. Employment is the labour activities generate income without being prohibited by law.

2. The State, the employers and the social responsibility involved, ensure jobs for people capable of labor have the opportunity to get a job.

Article 10. The right to work of workers 1. Be working for any employers who do and in any place which is not prohibited by law.

2. direct contact with the employer or through employment services organization to find work according to ability, aspirations, career level and their health.

Article 11. The right to employment of the employer The employer has the right to directly or through the Organization of employment services, labour back rental businesses to recruit employees, have the right to increase, reduce labor, consistent with the needs of production, business.

Article 12. The policy of the State job development assistance 1. The State determines the target job creation increased more in planning for economic development-society for 5 years, every year.

The base of socio-economic conditions in each period, the Government submitted to the National Assembly decided the national target programme on employment and vocational training.

2. the unemployment insurance policy, policies to encourage workers to create jobs; support for employers who use more female workers, labor is disabled, Labor's minority ethnic people to jobs.


3. To encourage and create favorable conditions for organizations and individuals in local and foreign investment in manufacturing, business development to create jobs for workers.

4. support the employers seeking workers, and expanding the labor market abroad.

5. Establishment of a national employment Fund to support lenders incentives to create jobs and make other activities according to the provisions of the law.

Article 13. Job programs 1. The people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee) building local employment program the same level people's councils to decide.

2. State bodies, enterprises, social-political organizations, social organizations and the other employers within the scope of the mission, his powers have a responsibility to participate in the programme.

Article 14. Employment services organization 1. Employment services organizations advisory function, introduced the employment and vocational training for workers; the supply and demand of the labour of employers; collect, provide information about the labor market and perform other duties specified by law.

2. employment services including job Service Center and business services.

Employment service center was established, operating under the rule of the Government.

Business activity services are established and operate in accordance with the corporate law and must have a license to operate the service jobs due to state regulators about the provincial-level labor.

3. the Organization of employment services are free of charge, under the provisions of tax legislation, tax legislation.

Chapter III section 1 EMPLOYMENT CONTRACT LABOR CONTRACTS article 15. Employment contract labour contract is the agreement between workers and employers about jobs there pay, working conditions, rights and obligations of each party in labor relations.

Article 16. Form of labour contract 1. Employment contracts must be concluded in writing and communication is made up of 2 a, workers hold 1 a, the employer holds 1 a, unless otherwise specified in item 2 of this Article.

2. for temporary job duration under 3 months, the parties can communicate the verbal contract.

Article 17. The principle of labor contracts 1. Voluntary, equality, cooperation, goodwill and honesty.

2. Freedom of labor contracts but are not contrary to law, collective labour agreements and social ethics.

Article 18. Obligation contracts of labour 1. Before getting workers to work, the employer and the employee must direct the labor contracts.

In the case of workers from age 15 to under 18 years old, then the delivery of the employment contract must be the consent of the legal representative of the workers.

2. for seasonal work, work under deadlines that may 12, then the Group of workers can be delegated to a group of workers to labor contracts in writing; in this case the employment contract in force as committed to each person.

Labor contracts by person authorized the delivery must be accompanied by a list stating the full name, age, gender, address, occupation and the signatures of individual workers.

Article 19. Obligation to provide information before concluding a labour contract 1. The employer must provide information to employees about work, location of work, working conditions, working time, rest time, labour safety, sanitation workers, wages, payroll, forms of social insurance, health insurance, the provisions on the protection of business secrets secret, technology and other issues directly related to the delivery of the employment contract which required workers.

2. Workers must provide information for employers about name, age, gender, place of residence, education level, the level of vocational skills, health status and other issues directly related to the delivery of the employment contract which the employer requirement.

Article 20. The labour user behaviour was not made when concluding, implementing the labor contract 1. Keep a valid key, qualifications, certification of workers.

2. Require employees to implement measures to ensure equal to money or other property for the implementation of the labor contract.

Article 21. Labor contracts with employers Who can labor contracts labor with many employers, but to ensure the full implementation of the agreements.

In the case of labour contracts with many employers, participation in social insurance, medical insurance of employees is done according to the regulations of the Government.

Article 22. Type of employment contract 1. Labor contracts must be committed in one of the following types: a) the employment contract does not specify the time limit;

Employment contract does not specify the time limit is a contract in which two parties cannot determine the duration, termination of the contract.

b) labor contracts specify the time limit;

Labor contracts specify the time limit is a contract in which two parties determine the duration, termination of the contract for the period from 12 months to 36 months enough.

c) seasonal employment contract or under a certain time limit jobs under 12 months.

2. When the employment contract specified in point b and point c of paragraph 1 of this article to expire that employees continue working then within a period of 30 days from the date of the expired labor contract, the two sides are to sign a new labor contract; If not signed new labor contract has committed under the provisions of point b of paragraph 1 of this article become the employment contract does not specify the time limit for concluding the contract and according to the provisions in point c of paragraph 1 of this article become labor contracts specify the time limit period is 24 months.

The case of the two sides signing a new labor contract is the contract defining the time limit shall only be signed once, then if the employee continues to work signing labor contract does not specify the time limit.

3. Not to be contracts seasonal workers or according to a certain job duration under 12 months to do the work in nature, often from 12 months or more, except in cases of temporary replacement workers to go to military service, according to the maternity , sickness, accidents or job other temporary in nature.

Article 23. Content of the contract 1. Employment contract must contain the following principal contents: a) the name and address of the employer or of the legal representative;

b) full name, birth date, gender, address, place of residence, number of the identity card or other legal documents of the laborer;

c) work and work places;

d) term of labor contracts;

DD) salary, payroll forms payroll period, allowances, salaries and other additional items;

e) enhanced mode, raising the level of salary;

g) During working hours, time to rest;

h) labor protection equipment for workers;

I) social insurance and health insurance;

k) fostering, training to improve their vocational skills.

2. When employees work directly relevant to business secrets, secret technology under the provisions of the law, the employer has the right to a written agreement with the employee about the content, the duration of protection of business secrets, secret technology, benefits and compensation in cases of violation of workers.

3. for employees working in the field of agriculture, forestry, fisheries, industry, the matches depending on the type of work that the two sides can reduce some of the content of the employment contract and the additional agreement to the content of the method of solving cases in the implementation of the contract affected by disaster , fires, weather.

4. The content of the employment contract for employees was hired as the Director of State enterprises due to government regulations.

Article 24. Labor contract Appendix 1. Annex is part of the labor contract and labor force as labor contracts.

2. labor contracts Appendix detailing a number of terms or to amend and supplement the labor contract.

The case of the labour contract Appendix detailing some of the labor contract, which leads to way out other than the labor contracts shall follow the content of the employment contract.

Case annex labor contract used to amend and supplement the labour contract must specify the content of these terms amend, Supplement and time effect.

Article 25. The effect of the employment contract labour contract is in effect from the date the parties committed unless both parties have other agreements or law otherwise.

Article 26. Try the 1. The employer and the employee can agree on the do try, right, obligations of the two parties in the time trial. If there is agreement on employment try then the parties can communicate the contract trial.

Contents of contract trial includes the content specified at points a, b, c, d, e, g and h clause 1 Article 23 of this law.

2. Employees working under employment contract the crop is not a trial.

Article 27. Time trial probationary period based on the nature and complexity of work but is only a trial once for a job and ensure the following conditions: 1. No more than 60 days for the job have vocational titles need technical expertise from college;

2. Not more than 30 days for the job have vocational titles need technical expertise vocational secondary, vocational, technical, professional staff.

3. Do not exceed 6 working days for other jobs.

Article 28. Salaries in the time trial the salary of workers in the time trial because the two parties to the agreement but at least by 85% of the salary of the job.


Article 29. The end time trial 1. When jobs try to reach the requirements employers must labor contracts with laborers.

2. in the time trial, each party has the right to cancel a deal to try to work without notice and compensation if unsatisfactory test job that the two sides had agreed upon.

Section 2 IMPLEMENTATION article 30 LABOR CONTRACT. Perform the work under employment contracts labour contract work to do workers have contracts made. Location work was done under contract or by agreement between the two sides.

Article 31. Transferred employees do work other than employment contracts 1. When sudden difficulty due to natural disasters, fires, diseases, apply measures to prevent, overcome accidents, occupational diseases, the problem of electricity, water or due to production needs, business, the employer is entitled to temporarily transfer employees to other work compared to labor contracts but don't be too incremental work 60 days in a year, except with the consent of the employee.

2. When temporarily transferred employees do work other than the labour contract, the employer must notify the employees know before at least 3 working days, clearly notice time limit of temporary work and job fit the person's gender, health and labor.

3. Workers do work as defined in paragraph 1 of this article are paid according to a new job; If the new job's salary is lower than the old job salary is retained the old salary within 30 working days. Salary according to the new job must be at least equal to 85% of the salary of the old work but not lower than the minimum wage because of government regulations.

Article 32. The case postponed the implementation of the labor contract 1. Workers go to military service.

2. Workers detained, detention under the provisions of the criminal law.

3. The employee must accept the decision to apply the measures taken on the field brought, taken on the basis of compulsory detoxification, the institution required.

4. pregnant female workers as defined in Article 156 of this code.

5. Other cases due to the two parties to the agreement.

Article 33. Get back the expiry of labor postponed implementation of the labor contract within 15 days from the date of expiry of deferment contract workers for cases stipulated in article 32 of this law, workers must be present in the workplace and the employers to get workers back to work unless the two parties have agreed otherwise.

Article 34. Workers who do not work full time 1. Workers who do not work full time workers have shorter work time compared to normal working time by day or by the week are provisions in labour legislation, collective labour agreements of businesses, collective labor agreement or industry regulations of the employer.

2. Employees can deal with employers who do not work full time when labor contracts.

3. Employees working full time are not paid, the rights and obligations as employees work full time, the right to equality of opportunity, not to suffer discrimination, ensuring safe labor, labor hygiene.

Section 3 AMENDMENT, Supplement, TERMINATION of LABOR CONTRACT Article 35. Additional amendments to the labor contract 1. In the process of implementation of the labor contract, if the party would have required additional amendments to the labor contract content, they must notify the other party knew at least 3 working days about the need to modify the content, additional.

2. In the case of the two parties to the agreement are the additional amendments to the labor contract is conducted by signing the addendum to the contract labour or new labour contracts.

3. In case the two sides are not agreed upon are the amendments, additional content the labor contract shall continue to implement the labor contract was delivered.

Article 36. The case of termination of the contract 1. The expiration of labor contracts, except in the case specified in clause 6 of this law 192 Articles.

2. Completed the work under the contract.

3. The two sides agreed upon termination of the employment contract.

4. qualified workers on-time social insurance and old age pension paid under the provisions of article 187 of the code.

5. The employee was sentenced to prison, death penalty or forbidden as in the labor contract according to the verdict, the decision of the Court of law.

6. The employee dies, the courts declared lost the capacity for civil acts, missing or dead.

7. The user's personal death, labour courts declared lost the capacity for civil acts, missing or dead; the employers not to terminate the operation personally.

8. Workers disciplined were fired as defined in paragraph 3 Article 125 of this Act.

9. Workers unilaterally terminate the labor contract according to the provisions of article 37 of this law.

10. The employers unilaterally to terminate the labor contract according to the provisions of article 38 of this law; the employers for workers retrenchment due to structural changes, technology or economic reasons or because of Japanese wax, merge, split, cooperative business.

Article 37. The right to unilaterally terminate the employment contract of workers 1. Employees working under employment contract defines the term, seasonal employment contract or under a certain time limit jobs under 12 months have the right to unilaterally terminate the contract before the deadline in the following cases: a) is not in the correct layout work work location, or not guaranteed working conditions agreed in the employment contract;

b) Not paid or not paid in full on time agreed in the contract;

c) abuse, sexual harassment, forced labor;

d) yourself or disadvantaged families cannot continue to perform the contract;

DD) was elected dedicated mission in elected bodies or appointed Office in the State apparatus;

e) pregnant women have to leave the base as directed by the doctor, cure has the authority;

g) workers suffer sickness, accidents have a 90-day treatment for persons working under employment contract defines the term and a fourth term for people working in seasonal employment contract or under a certain time limit work under 12 months that labor ability has not been recovered.

2. When the unilateral termination of labor contract under the provisions of paragraph 1 of this article, the employee must inform the employer know before: a) at least 3 working days for the specified at points a, b, c and g of paragraph 1 of this article;

b) at least 30 days if the labor contract is defining the term; at least 3 working days if the seasonal employment contract or under a certain time limit jobs under 12 months for cases specified in point d and point VND account 1 of this article;

c) for cases specified in point e of paragraph 1 of this notice period for the employers is done according to the time limit prescribed in article 156 of this code.

3. Employees working under employment contract does not specify the term reserves the right to terminate the employment contract, but must notify the employer know in advance at least 45 days, except where the provisions of article 156 of this code.

Article 38. The right to unilaterally terminate the employment contract by the employer 1. The employer has the right to unilaterally terminate the contract in the following cases: a) workers often do not complete the work under the contract;

b) workers suffer sickness, accidents have been treated continuously for 12 months with people who follow employment contract does not specify a time limit, has treated 6, continuously, for workers to follow the labor contract defines the term and half term labor contracts for the following seasonal employment contract or according to a certain job There is a time limit of under 12 months that labor ability has not yet recovered.

When the health of the worker, the worker shall be considered to continue labor contracts;

c) due to natural disaster, fire or other unforeseen reasons prescribed by law, that the employers had found any remedy but still forced to narrow production work;

d) employees were not at work after the time limit prescribed in article 33 of this law.

2. When the unilateral termination of labor contract the employer must notify the employees know before: a) at least 45 days for the employment contract does not specify the time limit;

b) at least 30 days for labor contracts specify the time limit;

c) at least 3 working days for cases specified in point b of paragraph 1 of this article and for seasonal employment contract or under a certain time limit jobs under 12 months.

Article 39. The case of the employers not done right to terminate employment contracts 1. Ailing workers or workers ' compensation, occupational diseases are treated, nursing as determined by the base doctor, cure has the authority, except in cases specified in point b of paragraph 1 to article 38 of this law.

2. Employees are the annual vacation, holiday and other blackout cases were the employers agree.

3. women's labour provisions in paragraph 3 Article 155 of this Act.

4. Workers enjoyed maternity leave under the provisions of the law on social insurance.

Article 40. Cancel the terminate labor contract each party has the right to revoke the unilateral termination of labor contract before the expiry of notice but must be notified in writing and must be on the other side to agree.

Article 41. Unilateral termination of the employment contract is unlawful


Unilateral termination of the employment contract is unlawful is the case of termination of the employment contract does not correctly specified in articles 37, 38 and 39 of this Act.

Article 42. Obligations of the employer when it unilaterally terminated the employment contract unlawful 1. To get workers back to work under a labour contract were delivered and pay salaries, social insurance, health insurance for the employees not working plus at least 2 months salary according to labor contracts.

2. where the workers do not want to continue working, in addition to compensation prescribed in paragraph 1 of this article the employers pay the retrenchment under the provisions in article 48 of this law.

3. in case the employer does not want to get back to the workers and employees agree, in addition to compensation prescribed in paragraph 1 of this article and retrenchment under the provisions of article 48 of this law, the two sides agreed further compensation but at least by 2 months salary according to labor contract termination of labor contracts.

4. where no longer position, the work was entrusted in the labor contract that workers want to work, then in addition to compensation prescribed in paragraph 1 of this article, the two parties negotiate to amend and supplement the labor contract.

5. in case of violation of regulations on the time limit notice must then compensate the workers an amount corresponding to the salary of workers in those days did not notice.

43 things. Obligations of workers when the unilateral termination of labor contract law left 1. Don't be retrenchment and pay compensation for the use of labor, half of the salary according to labor contracts.

2. If the violation of time limits notice must then compensate the employer an amount corresponding to the salary of workers in those days did not notice.

3. Must repay the cost of training for the employers as defined in article 62 of this law.

Article 44. Obligations of the employer in the case of structural changes, technology or economic reasons 1. The case changes the structure, technology that affect the employment of many workers, the employer has the responsibility to formulate and implement plans for employers under the provisions of article 46 of this law; the case of new priorities workplace retraining workers to continue use.

In case the employer can not resolve the new jobs that are for workers retrenchment must then pay the subsidy job loss to employees according to the provisions of article 49 of this law.

2. In the case of the economic reasons that many workers are at risk of job loss, are quitting, then the employer must develop and implement plans for employers under the provisions of article 46 of this law.

In case the employer can not solve the jobs that workers must then pay the retrenchment subsidies job loss to employees according to the provisions of article 49 of this law.

3. The job for many workers under the provisions of this Article are only conducted after the Exchange with the Organization of collective labor representative at the facility and 30 day notice for State administration of provincial workers.

Article 45. Obligations of the employers when merged, merge, split, split the cooperative business 1. In the event of a merger, amalgamation, Division, separation, cooperative business then the next employer is responsible for continued use of existing workers and conduct the amendments, additional labor contracts.

In the case of non-use of existing workers, then the next employers have a responsibility to build and implement schemes employers under the provisions of article 46 of this law.

2. In case of transfer of ownership or the right to use the assets of the business, then the previous employer must plans the employer under the provisions of article 46 of this law.

3. in the case of employers for workers retrenchment under the provisions of this Article, it shall pay the subsidy job loss to employees according to the provisions of article 49 of this law.

Article 46. Employer approach 1. Schemes employers must have the following principal contents: a) list and the number of workers who continue to use, put away the workers retrain to keep using;

b) list and the number of retired workers;

c) list and the number of workers were transferred to non-working full-time; employees must terminate the labour contract;

d) measures and secured financing scheme implementation.

2. When building schemes employers must have the participation of representative organizations of labour collective at the base.

Article 47. The liability of the employer when terminating employment contracts 1. At least 15 days prior to the contract expiration deadline identified, the employer must inform in writing the employees know the time of the termination of the employment contract.

2. within 7 working days from the date of termination of the employment contract, the two parties are responsible for payment in full of the account related to the rights of each party; special cases, can last long but no longer than 30 days.

3. The employer has the responsibility to complete and return the verification procedure the shared social insurance and the other papers that the employers were retained by the employee.

4. In the case of businesses, termination of cooperative activity, dissolved, bankrupt then the wages, retrenchment, social insurance, health insurance, unemployment insurance and other benefits of employees under the collective labour agreement and labour contract signed is preferred for payment.

Article 48. Retrenchment 1. When the labor contract is terminated according to the provisions in clause 1, 2, 3, 5, 6, 7, 9 and 10 of this law 36 Thing, then the employer is responsible to pay retrenchment for workers worked regularly from insufficient 12 months or more, each year's allowance a half months wages.

2. Working time for retrenchment is the total time the employee has worked for the practical use of labor minus the time workers have joined the unemployment insurance under the provisions of the law on social insurance and working time have been the employers pay retrenchment.

3. The salary for the calculation of retrenchment is the average wage under the labor contract of the adjacent 06-before workers retrenchment.

Article 49. Loss of job subsidies 1. The employers pay a subsidised job loss for workers worked regularly for themselves from 12 months back up that lost jobs as defined in article 44 and article 45 of this law, each year to pay 1, salary but at least must by February salaries.

2. Working time to computer support, job loss is the total time the employee has worked for the practical use of labor minus the time workers have joined the unemployment insurance under the provisions of the law on social insurance and working time have been the employers pay retrenchment.

3. The salary for the calculation of loss of job subsidies is the average wage under the labor contract of the adjacent 06-before workers lost jobs.

Section 4 EMPLOYMENT CONTRACT INVALIDITY article 50. Labor contract invalidity 1. The labour contract invalid in whole when in one of the following cases: a) the entire content of the employment contract is unlawful;

b) Who signed the labor contract vires;

c) work that the two parties have committed in contract labor is the work was forbidden by law;

d) content of the employment contract restricting or impeding the right to establish, join and Union activity by workers.

2. the invalidity of labor contract each section when the content of that section violates the law but does not affect the rest of the contract.

3. In case a part or the whole content of the employment contract stipulates the rights of workers is lower than stipulated in the labour legislation, labour regulations, collective labor agreement are applied or the content of the employment contract restricting the rights of other employees, then a part or the whole content is disabled.

Article 51. The Authority declared the contract void labour 1. Labour inspectors, the courts have the right to declare the contract void.

2. Government regulation on the order and procedure of the labour inspection declared the contract void.

Article 52. Handling labor contract invalidity 1. When labor contracts were declared partially invalid it shall be treated as follows: a) the rights, obligations and interests of the parties are resolved according to the collective labour agreement or under the provisions of the law;

b) the party conducting additional amendments to part of the contract being declared void to fit the collective labour agreements or labour legislation.

2. When the employment contract was declared null and void the entire then processed as follows: a) in the case by signing the wrong jurisdiction specified in point b of paragraph 1 of article 50 of this law, the State administration of labour, guide the parties;

b) rights, obligations and interests of the workers are addressed in accordance with the law.

3. The Government specifies this.

Item 5 REVIEW of LABOUR HIRE Article 53. Rent back labor. Rent back labor is the workers were employed by licensed businesses operating lease back labor then working for other employers who, under the administration of the following employers and still maintain labor relations with the enterprise rent back labor.

2. rent back labour's business condition and only made for some work.

Article 54. Business lease back labor


1. Business lease back to labor margin and licensing activities for the rent back labor.

2. The time limit for the rent back to labor, must not exceed 12 months.

3. the prescribed Government licensing activities for labour leasing, escrow and listing the work made for hire back workers.

Article 55. Sublease contract labour 1. Business lease back labor and labor back rental party must sign the lease back labour in writing, made 2 copies, each party holds one copy.

2. sublease contract labor include the following principal contents: a) the workplace, job placement needs of employers hiring again, the specific content of the work, specific requirements for hiring workers again;

b) lease back labour; time to start the work of the workers;

c) During working hours, rest time, labor safety conditions, labor hygiene at work;

d) obligations of each party for the workers.

3. The lease back labor not have the agreement of the authority, the interests of workers is lower than the labor contract that business lease back signed with workers Article 56. Rights and obligations of the business lease back labor. Ensure bringing qualified workers in line with the requirements of the lease back labor and content of employment contracts signed with workers.

2. notice for workers to know the content of the contract of rent back labor.

3. To sign labor contracts with employees according to the provisions of this law.

4. Notice to lessees back labour know resumes of workers, the requirements of the employees.

5. Perform the obligation of the employer under the provisions of this law; paying wages, salaries of holidays, annual vacation, salary stopped work, retrenchment, loss of job subsidies; compulsory social insurance, medical insurance, unemployment insurance for workers under the provisions of the law.

Guaranteed pay for workers hired at lower salary not of workers left the Labor Party with the same level, doing the same work or work of equal value.

6. Set the record stating the number of leased workers, labour cost, rent back parties leasing back labor and management agency report on provincial labour.

7. Handle labor discipline for workers in violation of labor discipline when leased labor party returned workers due to violation of labor discipline.

Article 57. The rights and obligations of parties to hire back workers 1. Announcements, guidelines for hiring workers know labor regulations and other regulations.

2. Don't be discriminating about labor conditions for workers to hire back than his workers.

3. Agreement with workers mobilized again if they do hire, night and overtime, in addition to the content of the contract rent back labor.

4. do not move the laborers hired for other employers.

5. Agreement with the workers leased rental business and labor back to the official recruitment of workers hired back to work for yourself in case the employment contract of workers with labor again rental business has not yet ended.

6. Return the business lease back labor workers do not meet the requirements as agreed or violation of labor discipline.

7. Give back the labour hire Enterprise evidence of violation of labor discipline of workers hired to consider disciplined labor.

Article 58. Rights and obligations of laborers hired back 1. Perform the work according to the contract signed with active business lease back labor.

2. Observance of labor regulations, labor discipline, the legal and operating in compliance with the collective labor agreement of the lease back labor.

3. Paid lower wages of the employees of the party of labor of the same level again, doing the same work or work of equal value.

4. Complain to labor again hire business in the case of leased workers party violated the agreements in the contract rent back labor.

5. implementation of the right to unilaterally terminate the employment contract with the enterprise rent back labour under the provisions of article 37 of this law.

6. Agreement to labor contracts with the workers back after rental party terminate labor contracts with the workers back rental business.

Chapter IV VOCATIONAL, REFRESHER training to IMPROVE THEIR VOCATIONAL SKILLS Article 59. Vocational school 1. Workers are choosing trades, apprenticeship at work consistent with the demands of his job.

2. the State encourages employers who qualify establish vocational or vocational classes in the workplace for training, retraining and upgrading, improve their vocational skills, the employees are working for themselves and training for other apprentices under the provisions of the law of vocational.

Article 60. The liability of the employers on training and upgrading, enhancing vocational skills level 1. The building employers plan annually and spend the funds for training and the Organization of training, advanced training, vocational skills level for workers are working for themselves; training for workers before moving to another job for himself.

2. The employer must report the results of training, training to improve their vocational skills, to the State agency about provincial labour in the annual report on the labour.

Article 61. Apprenticeship, vocational assignments to work for the employer 1. The employers recruit people into apprenticeship, vocational assignments to work for yourself, you don't have to register in vocational activities and do not collect fees.

Apprentices, the trades in this case must be 14 years old and must have enough health, consistent with the requirements of the profession, except for some trades due to the Ministry of labor, invalids and social regulations.

The two parties are Contracting for vocational training. Vocational training contracts are made in 2 copies, each party keeping 1.

2. During the apprenticeship, trades, if apprentices, the craft directly or join the labor-made products, it is the employers pay salaries according to the level due to the two parties to the agreement.

3. Expiry of apprenticeship, trades, the two parties must sign labor contracts when the conditions prescribed by this law.

4. The employers have a responsibility to create conditions for workers to participate in reviews of vocational skills in order to be granted the certificate of vocational skills.

Article 62. Vocational training contracts between employers, workers and vocational training costs 1. The two parties are Contracting for vocational training in the case of workers trained, advanced level, vocational skills, retraining in the country or abroad from the expense of the employer, including funding by the funding partners for the employers.

Vocational training contracts are made in 2 copies, each party keeping 1.

2. vocational training contract must have the following principal contents: a Vocational training);

b) training venues, the duration of training;

c) training costs;

d) time limit for workers committed to work for the employer after being trained;

DD) responsible for reimbursing training costs;

e) liability of the employer.

3. training costs include the expenses have a valid voucher on the costs paid to the teaching, learning materials, school, classroom, computer, equipment, practice material, other costs of support for learners and wages, social premiums, health insurance for learners in school time. Case workers were sent for training abroad, the costs of training also includes travel expenses, living expenses during the stay abroad.

Chapter V DIALOGUE at WORK, COLLECTIVE BARGAINING, COLLECTIVE LABOR AGREEMENT Item 1 DIALOGUE at WORK Article 63. Purposes, the forms of dialogue in the workplace 1. The dialogue at the workplace in order to share information, enhance understanding between employers and employees to build the labour relations in the workplace.

2. Dialogue at work is done through direct exchanges between workers and employers or between collective labour representation with employers, ensure the implementation of the regulation of democracy at the grassroots.

3. The employer, the employee is obliged to perform the regulation of democracy at the grassroots at work prescribed by the Government.

Article 64. The content of dialogue in the workplace 1. The situation in manufacturing, the business of the employer.

2. The implementation of the labor contracts, collective labour agreements, rules and regulations and other agreements, commitment at work.

3. Working conditions.

4. The request of the employee, the labor collective for the employers.

5. The request of the employer to the employee, the labor collective.

6. other content that two interested parties.

Article 65. Conducting dialogue in the workplace 1. Dialogue in the workplace are conducted periodically 3 months or at the request of a party.

2. The employer is obliged to arrange location and other physical conditions guaranteed for the dialogue in the workplace.

Item 2 NEGOTIATE COLLECTIVE Article 66. The purpose of collective bargaining collective bargaining is the labor collective discussions, negotiations with the employers of the following aims: 1. To build harmonious labor relations, stability and progress;

2. Establish new labour conditions as a basis for concluding collective labour agreement;

3. To solve those problems, difficulties in the implementation of the rights and obligations of each party in labor relations.

Article 67. The principle of collective bargaining 1. Collective bargaining is conducted according to the principles of goodwill, equality, cooperation, public and transparent.

2. collective negotiation be conducted periodically or irregularly.

3. collective bargaining is conducted at the location due to the two parties to the agreement.

Article 68. Right to collective bargaining


1. Each party has the right to collective negotiation requests, on the ask not to be refused to negotiate. Within 7 working days from the date of receiving the request to negotiate, the parties to the agreement time began negotiating session.

2. where a party cannot join the session negotiation right time begin to negotiate the agreement, shall have the right to postpone the proposal, but the beginning of negotiations not to exceed 30 days from the date of the request to negotiate.

3. where a party refuses to negotiate or not proceed to negotiate within the time limit stipulated in this Article, the other party has the right to conduct the required procedures to resolve the labor dispute in accordance with the law.

Article 69. Collective bargaining representation 1. Collective bargaining representatives is specified as follows: a collective Party of labor) negotiations could Enterprise range set is organized labor representative at the facility; collective bargaining the scope of the industry is representative of the Executive Committee of the Union;

b) Parties who the employer in collective bargaining the scope of business is the employer or the person representing the employer; collective bargaining the scope of the industry is represented by organizations representing the employers.

2. The number of persons attending the session negotiation of each side by the two parties to the agreement.

Article 70. The content of collective bargaining 1. Wages, bonuses, allowances and salary enhancement.

2. During working hours, time to rest, overtime, vacation between ca.

3. Ensure employment for workers.

4. Ensure occupational safety, hygiene and labour; implementation of labor regulations.

5. other content that two interested parties.

Article 71. Collective bargaining process 1. Process for preparing collective bargaining is regulated as follows: a) before the start of collective bargaining session at least 10 days, the employer must provide information on the situation of the manufacturing activities, business, when the labour collective required except business secrets, secret technology of the employers;

b) opinions of the labor collective.

Representatives negotiate collective labor party's opinions of the collective labor directly or indirectly through the Conference of delegates of workers about labor's proposal with the employers and the proposals of the employers with the labor collective;

c) announce the content of collective bargaining.

At the latest 10 working days before the start of collective bargaining sessions, the parties proposed collective bargaining requirements must notify in writing the other party know about the scheduled content to conduct collective bargaining.

2. The process for conducting collective negotiations are specified as follows: a) organized collective bargaining sessions.

The employer is responsible for organizing collective bargaining session by time, location, due to the two sides had a deal.

The collective bargaining must be founded thereon, which must have the content was either side, expected time of conclusion of the agreement; the content is also different opinions;

b) minutes of collective bargaining session must have the signature of collective representation of the workers, employers and the person's record.

3. During 15 days from the date of the end of the session the collective bargaining representative, to negotiate collective labor party are widely popular, publicly report on collective bargaining session for the labor collective opinions known and vote of the labor collective of the content agreed.

4. in case of no negotiations either party has the right to continue negotiating proposal or conducting the procedure for resolving a labor dispute under the provisions of this law.

Article 72. The responsibility of the Union organizations, organizations representing the employers and the State administration of labour in collective bargaining 1. The organization fostering collective bargaining skills for the participants in the collective bargaining.

2. Attend collective bargaining sessions if there are suggestions of a collective negotiations by either party.

3. Provide, exchange of information related to collective bargaining.

Category 3 COLLECTIVE LABOR CONVENTION Article 73. Collective labor agreement 1. Collective labour agreement is a written agreement between the labor and the collective employers about labor conditions that the two parties have achieved through collective bargaining.

Collective labor agreements including collective labor agreements of businesses, collective labor agreement disciplines and forms of collective labor agreements by government regulations.

2. Content of the collective labor agreement was not contrary to the provisions of the law and must be more beneficial for the employee than the provisions of the law.

Article 74. Signing collective labor agreement 1. Collective labor agreement was signed between representatives of labor collective to the employer or employer representative.

2. collective labour agreement was concluded when the parties have reached an agreement in collective negotiations and meetings: a) Has over 50% of people's collective voting labour endorsed the content of collective bargaining has been achieved in the case of the collective labour agreement in the business;

b) Has over 50% of the Trade Union Executive Committee representative basis or Union level on the basis of voting approved the content of collective bargaining has been achieved in the case of the collective labour agreement in the industry;

c) to form other collective labour agreement under the provisions of the Government.

3. When the collective labour agreement is signed, the employer must be announced to all of its workers know.

Article 75. Send a collective labor agreement to the State agency within 10 days of the signing, the employer or employer representative must send a collective labor agreement to: 1. State administration of provincial labour for collective labor agreement in the business.

2. The Ministry of labour, invalids and Social Affairs with regard to collective labour agreements and other collective labour agreement.

Article 76. Effective date of the collective labor agreement effective date of the collective labour agreement in the Convention. The case of collective labour agreement no effective date, the effective from date of signing.

Article 77. Additional amendments to the labor collective agreement 1. The parties have the right to request amendments, additional collective labour agreement within the following deadlines: a) after 3 months for collective labor agreement has a time limit of under 1 year;

b) After 6 months for collective labor agreement has a term from 1 year to 3 years.

2. In the cases specified by the law change that leads to collective labour agreement no longer consistent with the provisions of the law, the two sides should conduct additional amendments of collective labour agreement within 15 days from the date specified by the law in force.

During conducting of additional amendments to collective labour agreement, the rights of workers to be made under the provisions of the law.

3. The amendments and supplements in the collective labor agreement are conducted such as signing collective labor agreement.

Article 78. Collective labour agreement void 1. Collective labour agreement void when a part or some of the content in the unlawful agreement.

2. collective labour agreement to disable the entire Department in one of the following cases: a) Has the entire content is unlawful;

b) Who signed the vires;

c) signing not true collective bargaining process.

Article 79. The authority claiming the collective labor agreement to disable people's Court has the right to declare the collective labor agreement was void.

Article 80. Handle the collective labor agreement null and void when the collective labor agreement be declared invalid, the rights, obligations and interests of the parties stated in the corresponding agreement in whole or in part be declared void are resolved according to the rules of law and the legal agreement in labor contract.

Article 81. Collective labor agreement expires within 3 months before the date of the collective labour agreement expires, the two sides can negotiate to extend the term of the collective labour agreement or signing a new collective labour agreement.

When collective labour agreement expires that the two sides continue to negotiate, the old collective labor agreement was done in less than 60 days.

Article 82. The cost of collective negotiations, the signing of the collective labour agreement of all costs for the negotiation, signing, modifications, additions, send and publish collective labour agreement by the employer who pays.

Section 4 LABOUR COLLECTIVE CONVENTION Article 83 BUSINESS. Signed the collective labor agreement of business 1. Who signed the collective labor agreement of business shall be as follows: a collective Labor Party) is the labour representative at the facility;

b) employers who are parties to the employer or the representative of the employer.

2. collective labour agreement to do business into 5 a, of which: a) Each Contracting Party holds 1st Edition;

b) 1 a sending State agencies under the provisions of article 75 of this law;

c) 01 posted superior Trade Union base and 1 a sending organisation representing the employers that the employer is a member.

Article 84. Implement collective labor Convention business 1. The employers, the employees, including the labourer to work after the collective labour agreement in force has the responsibility to fulfill collective labor agreement.


2. In the case of the rights, benefits, obligations of the parties in a labour contract were delivered the day before the collective labour agreement in force is lower than the corresponding provisions of the collective labour agreement, it must make the corresponding provisions of the collective labour agreement. The regulations of the employers of labour, yet consistent with the collective labor agreement, it must be modified to suit the collective labour agreement within 15 days from the date of the collective labour agreement in force.

3. When a party that the other side make incomplete or violation of the collective labour agreement, shall have the right to request the enforcement of the right Convention and the two sides must together consider settlement; If not solve, each party has the right to request the labour dispute resolution practice in accordance with the law.

Article 85. The term collective labour agreement in the Convention business enterprise collective labour term from 1 year to 3 years. For business the first time signing collective labor agreement, it may be concluded with a time limit under 1 year.

Article 86. Implement collective labour agreement in the case of transfer of ownership, control, access business, merger, amalgamation, Division, separation of business 1. In the case of transfer of ownership, control, access business, merger, amalgamation, Division, splitting the business user the next labor and collective labour representation based on the options for employers to consider the choices continue to make, modify, supplement the old collective labor agreement or negotiations to sign a new collective labour agreement.

2. In the case of collective labor agreement expired due to the employers to terminate the operation, the rights of workers to be settled according to the provisions of the labour legislation.

Section 5 COLLECTIVE LABOR CONVENTION 87 Thing INDUSTRY. Signing collective labor agreement the industry 1. The representatives signed the collective labor agreement was stipulated as follows: a collective Labor Party) was President of the Union;

b) Parties who use labor organization as the representative of the employer representative has participated in collective bargaining.

2. collective labour agreement the industry must do the 4 copies, of which: a) Each Contracting Party holds 1st Edition;

b) 1 a sending State agencies under the provisions of article 75 of this law;

c) 01 posted superior Trade Union base.

Article 88. The relationship between the collective labor agreement with the labor sector collective agreement 1. The content of the collective labor agreement or business regulated by the employers on the rights, obligations, the legitimate interests of the workers in the enterprises is lower than the corresponding regulation content of collective labour agreement, the industry must modify, supplement the labour collective agreement in the enterprise within a period of 3 months from the date the labour sector collective agreement in effect.

2. enterprises subject to applicable collective labor agreement of the industry but have yet to build the collective labour agreement, businesses can build more collective labor agreement with the business more beneficial terms for workers than the provisions of the collective labour agreement.

3. Encourage enterprises in the industry have not joined in the collective labour agreement the industry made collective labor agreement.

Article 89. The term collective labour agreement the industry collective labor agreement with the term from 1 year to 3 years.

Chapter VI the SALARY Article 90. The salary 1. The salary is the amount that employers pay for workers to perform the work under the agreement.

Salary includes salary according to the job or job title, salary, allowance and other additional items.

The worker's wage cannot be lower than the minimum wage because of government regulations.

2. wages paid to workers based on productivity and quality of work.

3. The employer must guarantee equal pay, not sexism for workers doing work of equal value.

Article 91. Minimum wage 1. The minimum wage is the lowest level of pay for workers doing simple work, in conditions of normal labor and must ensure the minimum living needs of workers and their families.

The minimum wage is determined by the month, day, hour and defined by region, industry.

2. Based on the minimum living needs of workers and their families, socio-economic conditions and the level of wages on the labour market, the Government announced the minimum wage on the basis of the recommendations of the national wages Council.

3. the minimum wage in the industry are determined through collective bargaining, are recorded in the collective labour agreement in the industry but not lower than the minimum wage announced by the Government.

Article 92. The national wages Council 1. The national wages Council is the advisory body to the Government, including the membership is representative of the Ministry of labor, invalids and Social Affairs, the Vietnam General Confederation of labor and the representative organizations of employers in Central.

2. The Government specifies the functions, tasks and structure of the national wages Council.

Article 93. Salary scale construction, payroll and labour norms 1. On the basis of the salary scale construction principles, payroll and labour norms due to government regulations, the employer is responsible for the ladders construction wages, payroll, labor norms as the basis for recruitment, employers in wage agreements, employment contracts and pay salaries to employees.

2. When constructing wage scale, payroll, labor limit the employer must consult the Organization of collective labour representation in base and publicized in the workplace of the employee before the execution, at the same time sent to the State agency about labor districts, where the manufacturing base business of the employer.

Article 94. Payroll forms 1. The employer has the right to choose the form of payment from time to time, products or securities. The selected payroll forms must be maintained for a certain period of time; the case changes the form of wages, the employer must notify the employee know at least 10 days.

2. Salaries to be paid in cash or pay through personal accounts of workers was opened at the Bank. Case pay through a bank account, then the employer must bargain with workers about fees related to the open, maintain your account.

Article 95. Term of payment 1. The employee paid hours, days, weeks is paid after hours, days, weeks of work or be charged included due to the two parties to the agreement, but at least 15 days must be paid in lump sum.

2. paid workers may be paid a month or half a month.

3. paid workers according to the product, according to the securities are paid under the agreement by the two parties; If the work is done in many months, the monthly salary advance according to the volume of work has done in months.

Article 96. The principle of paid workers to be paid directly, in full and on time.

Special case cannot pay on time shall not be too slow 1, and employers who pay more for workers in an amount at least equal to the interest rate of the deposit mobilization by the State Bank of Vietnam announced at the time.

Article 97. Overtime wages, working at night 1. Workers overtime pay calculated unit cost of salary or wages under the work are the following: a) On weekdays, at least by 150%;

b) On working days, at least by 200%;

c) On holidays, paid holidays, at least by 300% not to mention holidays, wages paid to workers on paid.

2. Employees working at night, then be charged more at least 30% of the wages calculated according to the unit price of salary or wages under the work of the normal working day.

3. Workers work overtime at night shall in addition pay as specified in clause 1 and clause 2 of this, workers still are paid 20% more salary calculated according to the unit price of salary or wages under the work done during the day.

Article 98. Stop the wages in the event of having to stop work, workers are paid as follows: 1. If the fault of the employer, the workers are paid enough wages;

2. If the fault of the workers, that person cannot be paid; the other workers in the same unit must stop wage rates due to the two parties to the agreement but not lower than the minimum wage stipulated by the Government;

3. If because of electrical problems, water which is not the fault of the employer, the worker or due to objective causes, such as natural disasters, fires, disease, danger winners shown, move the location of activities at the request of the competent State bodies or economic reasons , then stop the salary due to the two parties to the agreement but not lower than the minimum wage because of government regulations.

Article 99. Paid through the contractor 1. Where would use contractors or people who have the same intermediary role, then the employer is the main holder must have the list and addresses of these people accompanied by a list of those who labor to work with them and to ensure they comply with the provisions of the law on pay safety, labor, labor hygiene.

2. where the contractor or person of similar mediation not paid or not paid in full and no guarantee other benefits for employees, the employer who is the main owner is liable to pay salaries and ensure that benefits for workers.


In this case, the employer is the primary owner have the right to request the contractor or person of similar mediation any compensation or request competent State agencies resolve disputes in accordance with the law.

Article 100. Salary advance 1. Workers are advance salary according to conditions set by the two parties to the agreement.

2. The employer must advance the wages corresponding to the number of days of temporary holiday workers to fulfill the obligation of citizens from 1 week upwards but must not exceed 12 months and must refund the amount deposited except done military service.

Article 101. Salary deduction 1. Only employers who deduct the salary of the employee to compensation for damage caused by damaging the tool, the equipment of the employer under the provisions in article 130 of this law.

2. Workers have the right to know the reason of his paycheck deductions.

3. monthly salary deduction Rates not so 30% of the monthly wages of workers once quote remit compulsory social insurance, medical insurance, unemployment insurance, income taxes.

Article 102. Extra mode level, subsidies, raising wages, raising the level of the regime, support, lift, lifting the wage level and the mode of encouragement for employees was agreed upon in the labour contract, collective labor agreement or specified in the regulations of the employer.

Article 103. Bonus 1. The bonus is the sum that the employers to reward workers based on the results of business annually and the degree of completion of the work of employees.

2. bonus rules do employers who decide and publicize at work after consultation with representative organizations of workers at the facility.

Chapter VII DURING WORKING HOURS, the HOURS of REST 1 HOUR WORKING TIME Article 104. During normal working hours 1. During normal working hours are not to exceed 8 hours in 1 day and 48 hours in 1 week.

2. The employer has the right to prescribe working by the hour or day or week; the case, according to normal working time shall not exceed 10 hours in 7 days, but no more than 48 hours in 1 week.

The State encourages employers who made the 40-hour work week.

3. the hours of work do not exceed 6 hours in 1 day for those doing the work is particularly heavy, toxic, dangerous, according to the list by the Ministry of labor, invalids and Social Affairs coordinated with the Ministry of Health issued.

Article 105. Hours of work hours of work for night night is calculated from 22 hours to 6 a.m. the following day.

Article 106. Overtime 1. Overtime is work time outside normal working hours are defined in law, collective labour agreements or under the labor regulations.

2. The employers used labor overtime when meet the following conditions: a) the consent of the employee;

b) guarantee of overtime of employees not exceeding 50% of the normal working hours within 7 days, the applicable regulation work in the week, the total number of normal working hours and overtime not exceeding 12 hours in 1 day; no more than 30 hours in 1st, and total not more than 200 hours in 1 year, except for some special cases due to government regulations, is no more than 300 overtime hours in 1 year;

c) after each wave of overtime many consecutive days in the month, the employer must arrange for workers to be substituted for the of the time had not been idle.

Article 107. Overtime in these special cases, The employer has the right to require overtime workers on any day and workers not be refused in the following cases: 1. Execute motivate, mobilize the Defense mission assurance and security in an emergency situation on defense security, in accordance with the law;

2. Make the work to protect human life, property of the organs, organizations and individuals in preventing and overcoming the consequences of natural disasters, fires, disease and disaster.

Item 2 HOURS of REST Article 108. Breaks during working hours 1. Workers working constantly 8 hours or 6 hours according to the provisions of article 104 of this law was the break between the hours for at least 30 minutes, on working hours.

2. in case of night work, the workers are at least 45 minutes between the hours of rest, on working hours.

3. In addition to the time the break between the hours prescribed in clause 1 and clause 2 of this article, the use of labor time regulations and break the record in labor regulations.

Article 109. Vacation switch ca employees working under anthems are rested for at least 12 hours before moving on to other shifts.

Article 110. Working 1. Each week, the employees are rested for at least 24 continuous hours. In the special case due to the cycle of labor can not working, the employer has the responsibility to ensure employees are on holiday the average count 1, at least 4 days.

2. The employer has the right to decide on working arrangements on Sunday or a fixed date in the week but keep on labor regulations.

Article 111. Annual holidays 1. Workers have enough work for another 12 months, the employer shall be the annual vacation, enjoy the raw salary according to labor contracts as follows: a) 12 working days for people who do work in normal conditions;

b) 14 working days for the hard-work, toxic, dangerous or who work in places with harsh living conditions under the category due to the Ministry of labor, invalids and Social Affairs coordinated with the Ministry of Health issued or juvenile workers or workers are disabled;

c) 16 working days for people who do exceptional work heavy, toxic, dangerous or who work in places where living conditions are especially harsh under the category due to the Ministry of labor, invalids and Social Affairs coordinated with the Ministry of Health issued.

2. The employers have the right to annual holidays defined after consultation of the workers and must inform the workers.

3. can workers agreement with the employer for the year into multiple times or the maximum combined 3 years.

4. When the annual vacation, if the employee travels by means of road, rail, waterways that number on both the road and go on and on on 2 days, from day 3 onwards added time goes way beyond the holidays every year and only for once in the year.

Article 112. On vacations annually increased according to seniority to work For 5 years of work for an employer who then the number of annual holidays of employees according to the provisions in clause 1 Article 111 of this code is the corresponding increase in 1 day.

Article 113. Advance salary, money train cars go on vacations annually 1. When the annual vacation, workers are advance an amount at least equal to the salary of the holidays.

2. Money train cars and salaries on the road due to the two parties to the agreement.

For employees working in the high narrow, deep, remote, island, border, and workers in the region are high, remote areas, borders, Islands to work in narrow is the employers pay the train car and salary these days on the road.

Article 114. Payment of wages the days yet to break 1. Workers due to retrenchment, lost jobs or because of other reasons that are not yet working in or not yet break off on vacations annually shall be paid on the money yet.

2. Workers who are under 12 months of work, the annual vacation time is calculated according to the rate corresponding to the number of working hours. No case shall be paid by the money.

Category 3 HOLIDAY, HOLIDAY, NON-PAID HOLIDAYS Article 115. Holidays, new year 1. Workers are working holiday, enjoy the raw salary in those days public holidays: a) new year's day on 1st (January 1 of the calendar);

b) lunar new year 5 days;

c) day 1 day (30 April Gregorian);

d) International Labor Day on May 1 (May 1, calendars);

DD) on 1st national day (September 2 calendars);

e) Hung Vuong on 1st Anniversary (March 10, lunar calendar).

2. Workers are foreign nationals working in Vietnam in addition to the holidays as defined in paragraph 1 of this article also be rested more on traditional Tet 01 and 01 on the national day of the country.

3. If the holidays prescribed in paragraph 1 of this article is identical to the working day, the workers are substituted into the next day.

Article 116. The holiday, a holiday not paid 1. Workers are the private and still enjoy salary resources in the following cases: a) married: March break day;

b) married: January vacation day;

c) father, mother, father-in-law, mother-in-law, or father-in-law, husband and mother died; his wife died or her husband dead; the dead: March break day.

2. Workers are paid on 1st break and must inform the employers when his grandfather, grandmother, grandfather, grandmother, brother, siblings dead; a father or mother is married; England, married siblings.

3. In addition to the provisions in clause 1 and clause 2 of this Thing can workers agreement with the employer for non-paid.

Item 4 WORKING HOURS, REST TIME for the PEOPLE to DO the JOB of SPECIAL NATURE Article 117. During working hours, rest time for the people to do the job of special nature


With regard to the special nature of work in the field of road transport, railways, waterways, roads, aviation, oil and gas exploration in the sea; work on the sea; in the field of art; use of radiation and nuclear engineering; Radiofrequency engineering applications; the job of the scuba divers, the work for mining; the work produced there is seasonality and working order under the order; the work is often available 24/24 hours then the ministries manage specifies the time work hours, time to rest after the reunification with the Ministry of labor, invalids and Social Affairs and to comply with the provisions of article 108 of this law.

Chapter VIII LABOR DISCIPLINE, PHYSICAL LIABILITY Item 1 Article 118 LABOUR DISCIPLINE. Discipline discipline workers labor is the rule on the subject of time, technology and manufacturing business, operating in labor regulations.

Article 119. Labor regulations 1. Employers who use from 10 employees or more must have labor regulations in writing.

2. Content of the labor regulations not be contrary to labour legislation and the provisions of relevant laws. Labor regulations include the following principal contents: a) During working hours, time to rest;

b) order in the workplace;

c) labor safety, labor hygiene in the workplace;

d) the protection of property and business secrets, secret technology, the intellectual property of the employer;

DD) The violations of labor discipline workers and disciplined forms of labor, material responsibility.

3. Before the promulgation of the labour regulations, the employer must consult the Organization's collective labor representative at the facility.

4. Labor regulations have to be notified to the workers and the main content must be listed in the required place at work.

Article 120. Registration of labor regulations 1. The employer must sign labor regulations in State administration of provincial workers.

2. within 10 days from the date of promulgation of labor regulations, the employer must apply to register the labor regulations.

3. within 7 working days from the date of receiving the registration profile labor regulations, if labor regulations have provisions contrary to the law, the State administration of provincial labour announced, guide the employers to modify, Supplement and sign in again.

Article 121. Registration rules registration profiles labor labor regulations including: 1. The text proposed sign labor regulations;

2. The text of the employers have provisions related to labour discipline and physical responsibility;

3. The minutes of the Organization's feedback collective labor representative at the facility;

4. Labor regulations.

Article 122. The effect of labor regulations of labor rules in effect after the time limit of 15 days from the date of the State administration of provincial workers receive registration documents labor regulations, except where the provisions of paragraph 3 of this law 120 Thing.

Article 123. Principles, disciplinary order of labour 1. The disciplined workers shall be as follows: a) the employer must prove the fault of the employee;

b) must have the participation of representative organizations of labour collective at the facility;

c) workers must be present and have the right to counsel, lawyer or other excuses; the case is people under 18 must have the participation of the father, mother or legal representative;

d) the handling of labor discipline must be established thereon.

2. do not apply more disciplined form of labour for a violation of labor discipline.

3. When a worker at the same time there are many violations of labor discipline, only apply the highest discipline form corresponds with the most severe violations.

4. Do not be disciplined workers for labor being in time: a) sick of pain, nursing; the consent of the employer;

b) Are detained, the detention;

c) pending the result of competent authority verification investigation and conclusion for violations specified in clause 1 Article 126 of this code;

d) labor, pregnancy, maternity; employees raising children under 12 months of age.

5. Do not handle the labor discipline for workers in violation of labor discipline while mental disease or a disease lose the ability or the ability to control his behavior.

Article 124. Time disciplined labour 1. Time disciplined workers for a maximum of 6 months from the date of occurrence of violations; cases of violations directly related to financial, property, secret technology, revealed the secret business of the employer, the time of labor discipline handling a maximum of 12 months.

2. When the time specified in the points a, b and c of paragraph 4 to article 123, if longer time to process disciplined labour employers who conduct disciplinary labor right, if the end time is extended to handle labor discipline but must not exceed 60 days from the time stated above.

When the timeout specified in point d Article 123, paragraph 4 that time disciplined labour has run out of the stretched time labor disciplinary but must not exceed 60 days from the time stated above.

3. the disciplinary decisions of labour must be issued within the time limits prescribed in clause 1 and clause 2 of this Thing.

Article 125. Disciplined forms of labour 1. Reprimand.

2. Limited lifting wages not exceeding 6 months; from Office.

3. Dismissal.

Article 126. Apply disciplinary form fired disciplined form of dismissal employers who apply in the following cases: 1. Workers of theft, embezzlement, gambling, intentionally causing injury, drug use within the workplace, disclosure of business secrets , secret technology, infringe the intellectual property rights of the employers, have caused serious damage behavior or threatening to cause damage especially serious about property, the interests of the employer;

2. Workers were disciplined due to lift wages that re-offending in time yet to delete the discipline of being disciplined or relieved that re-offending.

It is the case for workers repeat violations have been disciplined but not be deleted according the provisions of article 127 of this law;

3. Workers arbitrarily remove the 5 days carried out 1st, or 20 days carried out 11 years without good reason.

The case is considered to have legitimate reasons for include: natural disasters, fires, ourselves, relatives were sick of the base doctor, cure has the authority and the other circumstances set forth in labor regulations.

Article 127. Delete the discipline, the Executive term reduced labor discipline 1. Workers reprimanded after 3 months, or be disciplined limited wage raise after 6 months from the date of being processed, if not it then of course be clear discipline. The case dealt with labor discipline of forms from Office then after the time limit, if the continued violation of labor discipline is not considered reconstruction.

2. The employee being disciplined wage raise limited after half of the Executive term if the repair progress, can be the employers to consider reducing the time limit.

Article 128. The regulation bans when disciplined labour 1. Invasion of the body, the dignity of workers.

2. using shape, cut salaries instead of the disciplined labor.

3. Disciplined workers for labor violations have not been regulated in the labor regulations.

Article 129. Temporary suspension of the work 1. The employer has the right to temporarily suspend the worker's job when the offense has the details complicated, if it deems the employee to continue to work hard for the verification. The temporary suspension of work by the employee only be done after consultation with representative organizations of workers at the facility.

2. The time limit for temporary suspension of work no longer than 15 days, the special case nor be too 90 days. During temporary suspension of work, workers are 50% advance of salary before the suspended job.

Expiry of temporary suspension of work, the employer must get employees back to work.

3. where workers were disciplined labor, workers also do not have to pay back wages deposited.

4. Cases of workers not being disciplined labour are the employers pay the full salary for the time being temporarily suspended work.

Category 2 MATERIAL RESPONSIBILITY Article 130. Compensation for damage 1. Workers damaging equipment, tools or other acts causing damage to property of the employer, the right to compensation under the provisions of the law.

Case workers are not serious damage due to negligence with a value not exceeding 10 minimum wage announced by the Government of the region in where employees work, the workers must claim at most 3, and wages were deducted in monthly salary, as defined in paragraph 3 Article 101 of this law.

2. Workers lost tools, the equipment, the property of the employer or other assets delivered by the employer or attrition of material the quota too permit must then compensate the damage in whole or in part by market value; the case of a contract of responsibility must then compensate by contract the responsibility; cases due to natural disasters, fires, pest, disease, disaster, events occurring objectively could not foresee and could not overcome despite applying all necessary measures and the possibility of allowing the compensation.

Article 131. Principles and procedures, procedures for processing compensation for damage 1. The review, decide the level of compensation must base on the error, the actual extent of the damage and the actual circumstances of family, identity and the property of the employee.


2. The procedures, time limits the compensation processing is applied according to the provisions of article 123 and 124 of this code.

Article 132. Complaints about labor discipline, physical responsibility people were disciplined labor, suffer suspension from work or are compensated according to the mode of material responsibility if not satisfactorily complaint with the employers, with the competent authorities in accordance with the law or requests to resolve the labor dispute in sequence by the law regulations.

Chapter IX LABOR SAFETY, LABOR HYGIENE section 1 GENERAL PROVISIONS ABOUT LABOR SAFETY, LABOR HYGIENE Article 133. Compliance with the laws on labor safety, labor hygiene of all businesses, agencies, organizations, individuals are related to labor, the production must comply with the provisions of the laws on labor safety, labor hygiene.

Article 134. The State's policy on occupational safety, hygiene and labour 1. State investment in scientific research, support the development of production tools, safety equipment, labor, hygiene and individual protection means.

2. Encourage the development of the services of occupational safety, hygiene and labour.

Article 135. Labor safety programs, labor hygiene 1. The Government decided the national programme on occupational safety, hygiene and labour.

2. provincial people's Committee building the same level people's Council to decide the labor safety programs, labor hygiene in the local scope and take on socio-economic development plan.

Article 136. National technical regulation on labor safety, labor hygiene 1. The Ministry of labor, invalids and Social Affairs, in collaboration with the ministries, local construction, and guide the implementation of the national technical regulation on labor safety, labor hygiene.

2. People who use standard base workers, national technical regulation, local technical regulation of occupational safety, hygiene and labor to build rules, workflow ensure occupational safety, labour hygiene and suit every type of machinery, equipment, work place.

Article 137. Ensuring safe labor, labor hygiene in the workplace 1. When new construction, expansion or renovation of buildings, facilities for the production, use, storage, storage of equipment, machines, materials, substances that require strict labor safety hygiene of labor, then the owner, to employers who plans on measures ensuring occupational safety Labor hygiene, for the work of workers and the environment.

2. When the production, use, storage, transport, machinery, equipment, materials, energy, electricity, chemicals, medicines and plant protection, changing technology, new technology import must be made according to national technical regulation on labor safety, labor hygiene or safety standards Labor hygiene in the workplace has announced, apply.

Article 138. The obligation of the employer, workers with labor safety, labor hygiene 1. The employer is obliged to: a) ensure satisfactory work about space, the ventilated, dust, steam, air toxic, radioactive, electromagnetic, heat, humidity, vibration, noise, other harmful elements are specified in the relevant technical standards and factors which must be periodically checked , measurement;

b) ensuring safe labor conditions, labor hygiene for equipment, factory machinery, reached the national technical regulation on labor safety, labor or hygiene standards of occupational safety, hygiene and labour at work was announced, applied;

c) testing, reviews the dangerous, harmful elements in the work of the facility to propose measures to eliminate, mitigate hazards, harmful, improve labor conditions, health care workers;

d) periodically check, maintenance of machinery, equipment, workshops, warehouses;

DD) must have just about labor safety and hygiene for your labor, equipment, the workplace and put in place easy to read, easy to see in the workplace;

e) opinions held collective labour representation in the basis when building plan and implement activities that ensure safety, sanitation workers.

2. Employees have the following obligations: a) observance of the rules, processes, rules and labor safety, sanitation workers, work-related tasks;

b) use and preserve the personal protection has been granted; industrial safety equipment, labor hygiene work;

c) timely reporting to the person in charge when detecting the risk of causing accidents, occupational diseases, harmful or dangerous incidents, participate in emergency and accident remedial order workers of the employer.

Section 2 LABOR ACCIDENTS, OCCUPATIONAL DISEASES Article 139. People working on labor safety, labor hygiene 1. The employers must send to do the work of occupational safety, hygiene and labour. With regard to the production facilities, business in the areas have more risk of accidents, occupational diseases and use from 10 workers over employers who must send appropriate qualified professional officers do on work safety, hygiene and labour.

2. Who do the work of labour safety, sanitation workers must receive training on occupational safety, hygiene and labour.

Article 140. Troubleshooting, emergency rescue 1. In troubleshooting, emergency response, the employer has the following responsibilities: a) approach build troubleshooting, emergency rescue and periodically held the rehearsal;

b) equipped with technical means, to ensure the medical rescue, first aid promptly when problems occur, accidents;

c) immediately remedy or ordered to stop immediately the operation of machines, equipment, risks causing workplace accidents, occupational disease.

2. Workers have the right to refuse to do the work or leaving the work that remains to be paid full salary and are not considered to violate the labour discipline when clearly there is a risk of an accident, occupational disease, a serious threat to life or health of himself and must report immediately to the person in charge directly. The employers are not forcing workers to continue to do that job or go back to work there if the risk has not yet been overcome.

Article 141. Fostering in kind for laborers working in conditions that are hazardous, dangerous elements who work in conditions that are hazardous, toxic elements are the employers fostering in-kind as prescribed by the Ministry of labor, invalids and Social Affairs.

Article 142. Workers ' compensation 1. Labor accident is an accident hurting any parts, features in the body or cause of death for workers, occur during labor, associated with the implementation of the work, labor duties.

This regulation applies to both apprentices and craft sets, try the.

2. The labor accident must be timely rescue and treatment.

3. All labour accidents, occupational diseases and other serious incidents at work must be reported, investigated, setting the minutes, statistics and periodic reports under the provisions of the Government.

Article 143. Occupational diseases 1. Occupational diseases are diseases that arise due to the harmful labour conditions of the career implications for workers.

The list of occupational diseases by Ministry of health coordinated with the Ministry of labor, invalids and Social Affairs issued after obtaining the opinion of the Vietnam General Confederation of labor and the representative organizations of employers.

2. occupational disease must be thoughtful treatment, periodic health examination, have separate health records.

Article 144. The liability of the employer for the accident, labor occupational diseases 1. Payment section payable copper costs and those costs are not included in the category due to paid health insurance for workers to participate in health insurance and paid the entire cost when evacuate medical emergency, until stable treatment for workers who do not participate in the medical insurance.

2. pay enough salary according to labor contract for workers in labor accident, occupational disease must leave during the treatment.

3. Compensation for workers suffering from industrial accident, occupational disease according to the provisions of article 145 of this code.

Article 145. The right of workers to suffer accidents, occupational diseases 1. Employees participate in compulsory social insurance are entitled to workers ' compensation regimes, occupational diseases under the provisions of the law on social insurance.

2. Employees subject to social insurance compulsory for employers who have not yet played the social insurance agency for social insurance, the employer is to pay the amount corresponding to the mode of labor accidents, occupational diseases under the provisions of the law on social insurance.

Payments can be made monthly or by agreement of the parties.

3. Workers suffer accidents, occupational diseases which are not the fault of workers and reducing the ability of labour from 5% and over, are the employers with the highest compensation as follows: a at least 1.5 month) salary according to labor contracts if declined from 5.0% to 10% of the labor ability; then just 1.0% increase was 0.4, plus salary according to labor contracts if the labor ability decreased from 11% to 80%;

b) for at least 30 months of salary according to labor contract for workers decreased the ability of labor from 81% or more or for relatives who die due to labor accidents.

4. in case the fault of the workers, the workers also grants an amount at least equal to 40% of the level specified in paragraph 3 of this article.

Article 146. The acts prohibited in labor safety, labor hygiene 1. Pay instead of fostering in kind.

2. Cover, declare or falsely reporting the truth about workers ' compensation, occupational diseases.

Section 3 of the PREVENTION OF LABOR ACCIDENTS, OCCUPATIONAL DISEASES Article 147. Testing machines, devices, materials of strict labor safety


1. The types of machines, equipment, materials, strict requirements on occupational safety must be calibrated before use and periodically auditing the process used by the Organization of technical inspection activities safely.

2. list of the types of machines, equipment, supplies and strict requirements about safety by the Ministry of labor, invalids and Social Affairs.

3. Government regulation about the Organization's conditions of activities of technical inspection service safety.

Article 148. Safety plan, annual labour hygiene, when building production planning, business, employers who are planning, safety measures, labour hygiene and improve labor conditions.

Article 149. Personal protection means in labour 1. Workers do work there dangerous, toxic elements are the employers fully equipped means of personal protection and are used in the process of work as specified by the Ministry of labor, invalids and Social Affairs.

2. personal protection must meet the standards of quality.

Article 150. Training on labor safety, labor hygiene 1. The employers, who do the work of labour safety, sanitation workers to attend the training course occupational safety, labour hygiene, inspection, testing and certification, certification by the active organization of service safety training, hygiene and labor done.

2. The employer must organize training on labour safety, sanitation workers for workers, apprentices, to recruit and trades labor arrangements; instructions and regulations on labor safety, labor hygiene for people to visit, work at the facility in the scope of management of the employers.

3. Workers do work that requires strict on safety, hygiene and labour must attend training course in labor safety, labor, hygiene and inspection certificates.

4. The Ministry of labour, invalids and Social Affairs regulating conditions of service activities organized the training of occupational safety, hygiene and labour; build the frame of the training programme on occupational safety, hygiene and labour; job category have strict labor safety, labor hygiene.

Article 151. Information on safety, hygiene and labour, The employers have to complete information about the situation of labor accidents, occupational disease, dangerous elements, harmful and measures to ensure occupational safety, labour hygiene at work for workers Article 152. Health care for workers 1. The employers must base on health standards prescribed for each type of work to recruit and organise labour.

2. Every year, the employer must organize periodic health examinations for workers, including apprentices, craft sets; female workers must be clinics specializing in gynaecology, who do heavy-duty, toxic, workers are disabled, juvenile workers, elderly workers must be at least 17 health check a month. .

3. Workers work in terms of the occupational disease risk must be clinics occupational diseases as stipulated by the Ministry of health.

4. Workers labor accident, occupational disease must be medical examiners to rated injury, determine the extent of deterioration and labour treatment, rehabilitation, nursing labour right as defined by the law.

5. Workers after the accident, labor occupational diseases if continue to work, the sort of work consistent with the health according to the conclusions of the Board of medical examiners.

6. The employer must record management health of the workers and general track record as defined by the Ministry of health.

7. Workers employed in places where there are factors that cause poisoning, infections, when hours of work must be the employer ensures the detoxifying measures, disinfecting.

Chapter X of the REGULATIONS PARTICULARLY for WOMEN WORKERS Article 153. The State's policy with regard to women workers 1. Ensure equal work rights of women workers.

2. Encourage the employers of female workers to have regular jobs, widely applied in working mode according to flexible timetable, work full time, no jobs at home.

3. Take measures to create jobs, improve labor conditions, improve occupational health, enhance the well-being of the material and the spirit of female labour aims to help women workers to promote effective occupational capacities, harmonizing labor life and family life.

4. the policy of tax breaks for employers who have used many female workers under the provisions of tax legislation.

5. Extend various types of training for women workers have more trades and match the characteristics of the body, and motherhood for women.

6. State planning organization measures, kindergartens, kindergarten in where many women workers.

Article 154. Obligations of the employer with regard to women workers 1. Ensure the implementation of gender equality and measures to promote gender equality in the recruitment, use, training, working hours, rest time, salary and other modes.

2. Consultation of women workers or their representatives when deciding the issues related to the rights and interests of women.

3. Ensure there are sufficient showers and toilet fit at work.

4. Help, support the construction of a nursery, kindergarten or part of the costs of sending children to kindergarten, for women workers.

Article 155. Maternity protection for women workers 1. The employer must not use women to work at night, overtime and travel far in the following cases: a 7 month pregnancy) or from 6 month if working in the high, remote areas, borders, Islands;

b) Are raising children under 12 months of age.

2. female workers do the heavy work during pregnancy from month 7, transferred the lighter work or be reduced 1 hour to work every day and still enjoy enough wages.

3. The employers were not fired or unilaterally terminate labour contracts with women workers by reason of marriage, pregnancy, maternity, child under 12 months of age, except in cases where the employer is the individual's death, the Court declared lost the capacity for civil acts missing, or is dead or the employers not to terminate the operation personally.

4. During pregnancy, childbirth mode enjoy vacations according to the provisions of the law on social insurance, raising children under 12 months of age, female workers are not being disciplined labor.

5. women workers during menstruation are rested every day 30 minutes; in time raising children under 12 months of age, every 60 minutes during the day to work. Vacation time still enjoy enough salary according to labor contracts.

Article 156. The right to unilaterally terminate the contract, postponed the labor of labor of pregnant women workers pregnant women if there is confirmation of the base doctor, healing certification authority continues to work will negatively affect the fetus has the right to unilaterally terminate the employment contract or to postpone implementation of the labor contract. The time limit that the female workers must inform the person of the employer subject to the time limit due to the base doctor, cure has the Authority specifies.

Article 157. Maternity leave 1. Women's labor was on holiday before and after childbirth is 6 months.

Women labor case over, twins from the second son 2 onwards, for every child, the mother is resting more 1 month.

Vacation time before birth, must not exceed 12 months.

2. During maternity leave, female workers are entitled to maternity under the provisions of the law on social insurance.

3. Out of time maternity as defined in paragraph 1 of this article, if there is demand, female workers can add a non-paid time under the agreement with the employer.

4. Before the time runs out maternity as defined in paragraph 1 of this article, if there is demand, there is confirmation of the base doctor, healing authority on early non-harmful to the health of workers and the employer agree, female workers can return to work when it has to be at least 4 months.

In this case, in addition to the salary of the days worked by the employers pay, women workers continue to be entitled to maternity allowance under the provisions of the law on social insurance.

Article 158. Ensure employment for women workers maternity leave, female workers are guaranteed jobs when returning to work after the holiday out of time under the provisions of paragraph 1 and paragraph 3 Article 157 of this code; the case of the old job no longer then the employer must arrange other jobs for them with lower-wage salary before maternity leave.

Article 159. When subsidies to sick child care, pregnancy, contraceptive measures taken time off work when ups, miscarriage, incomplete, non-pregnant, stillbirths, abortions, contraceptive measures implementation, care children under 7 years illness, adoption under 6 months of age, female workers are entitled to social insurance subsidies under the provisions of the law on social insurance Assembly.

Article 160. The work of female labour may not be used 1. The work has the impact childbearing and parenting functions by category by the Ministry of labor, invalids and Social Affairs coordinated with the Ministry of Health issued.

2. The work must often dip under water.

3. regular work under mines.

Chapter XI the SEPARATE PROVISIONS for JUVENILE WORKERS and SOME OTHER LABOR Items TYPE 1 JUVENILE LABOR Article 161. Juvenile labour juvenile workers are workers under the age of 18.

Article 162. Use of juvenile workers


1. The employers only used juvenile workers on the job matching to ensure the health and physical development, mind power, personality and responsible care juvenile workers on the labor side, wages, health, learning in the process of labor.

2. When using the juvenile workers, the employer must establish shared tracks, record the full name, date of birth, job, the results of periodic health check and when the competent State agency requirements.

Article 163. The principle that employers are juveniles 1. Not use the juvenile workers do the heavy work, toxic, dangerous or place of work, the job impact of their personality by category by the Ministry of labor, invalids and Social Affairs coordinated with the Ministry of Health issued.

2. the working hours of the juvenile workers from 15 years old to under 18 years old enough not to be too 8 hours in 1 day and 40 hours in 1 week.

During the working hours of persons under 15 years of age not more than 4 hours in 1 day and 20 hours in 1 week and not use overtime, work at night.

3. People from the full 15 years to under age 18 be overtime, night work in certain occupations and work according to the regulations of the Ministry of labor, invalids and Social Affairs.

4. do not use juveniles production and sales of alcoholic drinks, wine, beer, tobacco, substances that impact the spirit and other addictive substances;

5. The employer must create opportunities for juvenile workers and people under the age of 15 to join labor are learning of culture.

Article 164. Employers under 15 years 1. The employers only used people from age 13 to under 15 years doing the work lightly by category by the Ministry of labor, invalids and social regulations.

2. When using people from age 13 to 15 years old enough then the employer must comply with the following provisions: a) To the contract in writing with labor representatives under the law and to the consent of the person from 13 years to under 15 years;

b) arranged working hours does not affect class at school of children;

c) ensuring working conditions, occupational safety, hygiene and labour matching ages;

3. Not be employers who is under 13 years of work except some specific work by the Ministry of labor, invalids and social regulations.

When using the under 13 working the employers must comply with the provisions in paragraph 2 of this Article.

Article 165. Jobs and work prohibits employers are juveniles 1. Prohibits the use of minors to do the following work: a) Bring, carry, lift heavy objects exceeding the freshness of juveniles;

b) production, use or transport of chemicals, gas, explosives;

c) maintenance, maintenance of equipment, machines;

d) demolition of the construction works;

DD) Cook, blowing, casting, rolling, stamping, welding of metals;

e) diving, offshore fishing;

g) other work harm the health, safety or morality of minors.

2. Prohibits the use of minors working in the following places: a) underwater, underground, in caves, in the tunnel;

b) construction;

c) slaughter of cattle;

d) casinos, bars, discos, karaoke rooms, hotels, guesthouses, saunas, massage room;

DD) other workplace harm to health, safety and morals of minors.

3. The Ministry of labour, invalids and Social Affairs regulations list in point g clause 1 and clause 2 of this DD points.

Section 2 ELDERLY WORKERS Article 166. Elderly workers 1. Elderly workers who continue to labor under the age specified in article 187 of the code.

2. elderly workers are shortening the time of daily hours of work or applied working mode the whole time.

3. The last year before retirement, workers are shortening the time of normal work hours or applied working mode the whole time.

Article 167. Use the elderly workers 1. When there is demand, the employer may agree with elderly workers have enough health extends contract labour or new labour contracts as defined in chapter III of this law.

2. When retired, if the work under the new labor contract, in addition to receiving benefits under retirement mode, elderly workers still enjoy the rights agreed under the employment contract.

3. do not use the elderly workers do the heavy work, toxic, dangerous to have negatively affect the health of elderly workers, except in special circumstances as specified by the Government.

4. The employer is responsible for the health care of elderly workers in the workplace.

Category 3 VIETNAMESE WORKERS GO to WORK abroad, labor ORGANIZATIONS and individuals in Vietnam, FOREIGN WORKERS are FOREIGNERS WORKING in VIETNAM Article 168. Vietnam workers go to work abroad, labor organizations and individuals in Vietnam 1. The State encourages enterprises, agencies, organizations, individuals seeking and expanding the labor market to give Vietnam workers go to work abroad.

Vietnam workers go to work abroad are subject to the provisions of the law of Vietnam, the country law, except in the case of international treaties to which Vietnam is a member otherwise.

2. Vietnam nationals working in foreign enterprises in Vietnam, in the industrial zones, export processing zones and economic zones, within the Agency, foreign or international organizations in Vietnam or work for individuals as foreign citizens in Vietnam are subject to the law of Vietnam and are protected by law.

Article 169. Labor conditions are foreign citizens to work in Vietnam 1. Labor is foreign citizens to work in Vietnam must have the following conditions: a) Has the capacity for civil acts in full;

b) Are qualified, skilled and fit with the job requirements;

c) is not the offender or arrested save for criminal liability in accordance with the law of Vietnam and foreign law;

d) Have work permit by the competent State agencies of Vietnam, except in the cases prescribed in article 172 of this Act.

2. Workers are foreign nationals working in Vietnam are subject to the labour law, the international treaties to which Vietnam Vietnam is a member have other regulations and legal protection of Vietnam.

Article 170. Conditions of employment of foreign nationals is 1. Businesses, agencies, organizations, individuals, local contractors only labor was employed as foreign citizens to do Task Manager, ceo, expert and technical workers that Vietnam laborers do not meet the needs of production, business.

2. Businesses, agencies, organizations, individuals, foreign contractors before hiring workers as foreign citizens to work on the territory of Vietnam to explain the needs of employers and the consent in writing of the authorized State agencies.

Article 171. Work permits for foreign citizens are workers working in Vietnam 1. Workers are foreign citizens must present the work permit as do the procedures related to the entry, exit and at the request of the competent State bodies.

2. Foreign citizens to work in Vietnam have no work permit will be expelled from the territory of Vietnam according to the regulations of the Government.

3. employers Who use the foreign nationals without work permits work for yourself then dealt with according to the provisions of the law.

Article 172. Foreigners working in Vietnam not granted work permit 1. Capital contribution or member is the owner of the limited liability company.

2. A member of the Board of the company.

3. As head of Office, the project of the international organizations, non-governmental organizations in Vietnam.

4. In Vietnam with duration under 3 months to make selling services.

5. In Vietnam with duration under 3 months to handle the incident, technical situations, complicated technology arose making impact or risk affecting the production, the business that Vietnam experts and foreign experts are currently in Vietnam does not handle.

6. Is a foreign lawyer has been granted a license to practice as a lawyer in Vietnam under the provisions of the law on lawyers.

7. According to the provisions of international treaties to which the Socialist Republic of Vietnam is a member.

8. Students, students studying in Vietnam working in Vietnam but the employer must report before 7 July with State administration of provincial workers.

9. Other cases prescribed by the Government.

Article 173. The term of duration of the work permit work permit for a maximum of 2 years.

Article 174. These cases work permit expired 1. Work permit expiry.

2. Termination of labor contracts.

3. The content of the employment contract are not true to the content of the work permit has been granted.

4. Contracts in the fields of economy, trade, finance, insurance, banking, science and technology, culture, sports, education, medical expiry or termination.

5. written notice of the election is labour retrenchment of overseas foreign nationals working in Vietnam.

6. Work permits revoked.

7. Enterprise, organization, the Vietnam partners or foreign non-governmental organizations in Vietnam end.

8. Workers are foreign citizens in prison, death penalty or of being the Court of claims is dead, missing.

Article 175. Level, level back, withdrawing work permits the Government specified conditions, the granting, revocation, reissuing work permits for foreign citizens is the labor to work in Vietnam.

The LABOR section 4 are DISABLED


Article 176. The State's policy with respect to labor is disability 1. State-sponsored labor rights, self-employment of workers are disabled, have a policy of encouragement and incentives for employers who create jobs and get labor is disabled people into work, according to the provisions of the law.

2. Government regulation policy for preferential loans from the national employment Fund for employers employers are disabled.

Article 177. The employer's disability 1. The employer must guarantee of labor conditions, labor, labor safety, labor hygiene consistent with labor is disabled and often their health care.

2. The employer must consult the workers are disabled when deciding the issues relating to their rights and interests.

Article 178. The prohibited acts when the employer's disability 1. Employers are disabled workers from potential 51% or more overtime, work at night.

2. Employers are disabled do the heavy work, toxic, hazardous or toxic substances exposure according to category by the Ministry of labor, invalids and Social Affairs coordinated with the Ministry of Health issued.

Item 5 WORK is the FAMILY Article 179. Labor is the family 1. Labor is the family's workers make regular jobs in the family of one or more households.

The work of the family include chores, housekeeping, child care, care for the sick, elderly care, driving, gardening and other work for the household but are not related to commercial activities.

2. Who do the work to help the family in the form of the securities is not subject to application of the law.

Article 180. The labor contract for labor is the family 1. The employer must sign labor contracts with the family.

2. The term of the labor contract for Labor's family due to the two parties to the agreement. A party has the right to unilaterally terminate the contract at any time but must report before 15 July.

3. The two parties to the agreement, clearly in the employment contract on the form, term of payment, the daily work hours, accommodation.

Article 181. Obligations of the employer 1. The full implementation of the agreement already committed in the labor contract.

2. pay for the family, social security funds, medical insurance under the provisions of the law for workers to take care of the insurance.

3. Respect for the honor, the dignity of the family.

4. Arrange food, in clean, for the family, if there is agreement.

5. Create the opportunity for the family to be involved in cultural learning, apprenticeship.

6. Pay to ship the car road when the retrenchment of family residence, except in the case of the family labor contract termination ahead of time.

Article 182. Obligations of workers who helped the family 1. Full implementation of that agreement the two sides signed the labor contract.

2. the Right of compensation under the agreement or under the provisions of the law if the damage, loss of property of the employer.

3. timely notice to the employer about the possibility, the risk of causing an accident, threatening the safety, health, life, property of the employer family and ourselves.

4. The denunciation to the competent authority if the employer acts of abuse, sexual harassment, forced labor or other acts in violation of the law.

Article 183. The prohibited acts for employers 1. Abuse, sexual harassment, forced labor, violence against Labor's family.

2. Send the families according to the employment contract.

3. Hold the identification of workers.

Item 6 a NUMBER of OTHER LABOR Article 184. Employees working in the field of art, sport, or who work in the field of art, sport applies some consistent mode of apprenticeship; about the signing of labor contracts; about the working hours, time to rest; about the salary, wage allowances, bonuses, occupational safety, hygiene and labour under the Government's regulations.

Article 185. Workers receive the job on home 1. Can workers agreement with the employer to work on making regularly at home.

2. Employees working at home in the form of processing not subject to application of the law.

Chapter XII the SOCIAL INSURANCE Article 186. Join the social insurance, medical insurance 1. The employer, the employee must participate in mandatory social insurance, compulsory health insurance, unemployment insurance and enjoy the mode according to the provisions of the law on social insurance and health insurance legislation.

Encourage the employers, the employees made the form of social insurance for workers.

2. During the time the employee was entitled to social insurance regime, the employers do not pay salaries to employees.

3. for workers not subject to participate in compulsory social insurance, compulsory health insurance, unemployment insurance, then in addition to paid work, the employer is responsible to pay more at the same time with the employee's pay period an amount for workers is equivalent to the level of social insurance premiums , compulsory medical insurance, unemployment insurance and annual leave as specified.

Article 187. Retirement age 1. Workers to ensure the conditions of the social insurance period under the provisions of the law on social insurance are entitled to pensions at age 60, enough when South female age 55.

2. impaired workers labor ability; the work is especially heavy, toxic, dangerous; made of heavy-duty, toxic, dangerous; working in the high, remote areas, borders, Islands in the category due to government regulations can retire at a younger age than the provisions in clause 1 of this article.

 3. Employees have high qualification workers make the management and some other special cases can retire at the age of 5 years but not more than higher than prescribed in paragraph 1 of this article.

4. The Government detailing the clause 2 and clause 3 of this article.

Chapter XIII-UNION Article 188. The role of trade unions in labour relations 1. Base unions representative role, protecting the legitimate rights and interests of Union members, Union workers; participation, negotiation, signing and monitoring of the implementation of the collective labour agreement, wages, payroll, labor norms, regulations, bylaws, rules and regulations, labor democracy in enterprises, agencies and organizations; join, support labor dispute resolution; dialogue, in cooperation with the employers to build harmonious labor relations, stability, progress in enterprises, agencies and organisations.

2. Union grants on the basis of direct responsibility for Union support base to perform the functions and duties as prescribed in paragraph 1 of this article; education, enhance the understanding of the labour legislation, the law on trade unions for workers.

3. In places where not yet established grassroots union organizations, Union level on the basis of direct responsibility as prescribed in paragraph 1 of this article.

4. Union organizations level involved with state management bodies at the same level and the representative organizations of employers to Exchange, to resolve labor problems.

Article 189. To establish, join and Union activity in enterprise, agency, organisation 1. Workers employed in the enterprise, agency or organisation has the right to establish, join and Union activity under the provisions of Union Law.

2. Union grants on the basis of the right and the responsibility to mobilize workers to join unions, formed the Union base at the enterprise, agency or organisation; have the right to require the employers and the State administration of local workers facilitate and support the formation of the Union base.

3. When the Union base is established in accordance with the provisions of the law on trade unions, employers must recognize and create favorable conditions for trade union activity.

Article 190. The Act prohibited for employers to establish, join and Union activity 1. Hindered, making it difficult to establish, join and Union activity by workers.

2. Force the workers to establish, join and Union activity.

3. Ask workers not to join or leave a trade union organization.

4. Discrimination on wages, hours of work and the other rights and obligations in labour relations in order to hinder the establishment, joined and Union activity by workers.

Article 191. The rights of trade union officials in the labour relations 1. Meet the employers to dialogue, Exchange, negotiate on matters of labour and employers.

2. To work to meet the workers within the scope of the responsibilities that I represent.

3. Where no established unions, Union officers superior base made the powers specified in this article.

Article 192. The liability of the employer for union organizations 1. Creating favorable conditions for workers to establish, join and Union activity.

2. Coordinate and create favorable conditions for the Union level on the basis of advocacy, campaigning, the unionists formed the development of the Union, Union officers layout professional in the enterprise, agency or organisation.

3. Ensure the conditions for Union activity as defined in article 193 of this code.

4. Coordinate with the Union building base and make democratic regulation, regulation of activities consistent with the functions and duties of each party.


5. To consult the Trade Union Committee of the facility prior to the enactment of regulations related to the rights, obligations, policy regimes for employees.

6. When workers are not Union officials who are dedicated to being in whose term expired labor contract shall be contract labour has delivered the remainder of the term.

7. When an employer unilaterally terminate labour contracts, transfer to other work, discipline, dismissal for workers who are not Union officials who are dedicated to the agreement in writing with the Executive Committee of the Union Executive Board or base level on the base directly.

In the case of non-agreement, the two parties must report to the Agency, the competent organization. After 30 days from the date of notice to the State agency about local workers know, the new employer has the right to decide and to take responsibility for his decisions.

The absence of agreed with the decision of the employer, the Trade Union Committee of the grassroots and workers have the right to request the labour dispute resolution under the procedure, the order by law.

Article 193. Guarantee conditions of Union activity in enterprise, agency, organisation 1. Unions are the employers and workplace layout provided information, ensuring the necessary conditions for trade union activities.

2. trade union officers are not dedicated to be used time during working hours to Labor Union activities in accordance with the law of the Union and the employer to pay the wages.

3. Trade Union officials who are dedicated in enterprise, agency, organisation, was paid by the employers to ensure collective welfare as employees working in enterprises, agencies, organized under the collective labor agreement or regulations of the employer.

Chapter XIV the LABOR DISPUTE RESOLUTION section 1 GENERAL PROVISIONS ABOUT the LABOR DISPUTE RESOLUTION Article 194. The principle of labor dispute resolution 1. Respect, guarantees to the parties themselves to negotiate, decisions in labor disputes.

2. Ensure implementation of conciliation, arbitration on the basis of respect for the rights and interests of the two sides in disputes, respect for the common good of society, not contrary to law.

3. Public, transparent, objective, timely, prompt and lawful.

4. Ensure the participation of representatives of the parties in the process of resolving labor disputes.

5. The resolution of the labour dispute must first be two parties negotiate directly to resolve the harmony of interests the two sides dispute, stable production, business, ensure social safety and order.

6. The settlement of labour disputes by the Agency, organization or individual has the authority to resolve the labor dispute in progress after either party has a petition by either party refuses to negotiate, negotiate but not into or negotiate the but one of the two parties do not perform.

Article 195. The responsibility of agencies, organizations, individuals in the labor dispute settlement 1. State administration of labour is responsible for coordination with union organizations, organizations representing the employers Guide, support and assist the parties in resolving the labor dispute.

2. The Ministry of labour, invalids and Social Affairs to organize the training, the professional capacity of mediators of labor, labor arbitrator in labour disputes.

3. the competent State bodies to be proactive, timely dispute resolution conduct collective labour rights.

Article 196. Rights and obligations of both sides in the labor dispute settlement 1. In settling the labor dispute, the two parties have the following rights: a) directly or through a representative to participate in the settlement process;

b) withdraw or change the content of the request;

c) requires changing the conduct of labor dispute resolution if there are reasons for that that person may not be indifferent or non-objective.

2. in resolving the labor dispute, the two parties have the following obligations: a) provide adequate, timely documentary evidence to justify its request;

b) observance of the agreement already reached, the judgment, the decision has force of law.

Article 197. The Agency's authority, organization or individual has the authority to settle the labor dispute Agency, organization or individual has the authority to resolve the labor dispute in the scope of the task, their powers have the right to ask the two parties to the dispute, the Agency organized, relevant personal documentation evidence, referendum, invite witnesses and the person concerned.

Article 198. Labor mediator 1. Mediators of labor by the State administration of labour district, district, town, city in the province to mediate labor disputes and disputes on vocational training contract.

2. Government Regulation standards, the Authority appointed labor mediator.

Article 199. The labour arbitration Council 1. Chairman of the provincial people's Committee decided to set up the labour arbitration Council. The labour arbitration Council consisting of the President of the Council is head of the State administration of labour, Secretary of the Board and the membership is representative of the provincial unions, organizations representing the employers. The number of members of the Board of arbitration work is odd and not more than 7 people.

In case of need, the Chairman of the Arbitration Board may invite representatives of the labor Agency, relevant organizations, who have experience in the field of labour relations in local.

2. the labour arbitration Council reconcile the collective labor dispute: a) collective labour disputes about interests;

b) collective labour disputes occurred in the unit of employers not to strike in the category due to government regulations.

3. the labour arbitration board decides by majority by secret ballot.

4. provincial people's committees ensure the conditions necessary for the operation of the labour arbitration board.

Section 2 JURISDICTION and PROCEDURES for RESOLVING INDIVIDUAL LABOR DISPUTES Article 200. The Agency, the individual has the authority to resolve individual labor disputes 1. Labour mediators.

2. People's courts.

Article 201. Order and procedure of labor dispute mediation of personal labor mediator 1. Individual labour disputes is through the procedure of mediation the mediator before labour requested the Court resolved, except the following labor disputes are not required to pass the procedure of mediation: a) on the handling of labor discipline in the form of layoffs or disputes in case of unilateral termination of labor contract;

b) About compensation, subsidies when terminating labor contracts;

c) Between the families with the employers;

d) About social insurance in accordance with the law on social insurance, health insurance in accordance with the law on health insurance.

DD) About compensation between workers with businesses, business units brought laborers working abroad under contract.

2. within 10 working days from the date of receiving the request conciliation, labor mediator to end the mediation.

3. At the session of conciliation must be present either side of the dispute. The parties to the dispute may authorize another person to join the reconciliation session.

Mediators of labor is responsible for guiding the parties to negotiate. The case of the two parties to the agreement, the mediator of labor established the mediation proceedings.

The case of the two parties do not deal, labor mediator make reconciliation for the two sides to consider. The case of the two sides to accept the scheme of conciliation, labor mediators set up a reconciliation.

The case of the two parties do not accept reconciliation approach or a party to the dispute has been duly summoned to the second that is still absent without good reason, the mediators of labor created a reconciliation failed.

The minutes are signed by the party to be present and dispute mediators of labor.

A copy of the minutes of the conciliation or conciliation does not have to be submitted to the two parties to the dispute within 7 working days from the date of establishment of the minutes.

4. In the case of conciliation fails or either party does not perform the agreement within a mediation into or expiry settlement as defined in clause 2 of this that labor mediators do not reconcile each have the right to ask the courts to resolve.

Article 202. Time required to resolve individual labor disputes 1. Time labor mediator requests made reconciliation of individual labor disputes is the 6th, from the date of discovery of the behavior that each party to the dispute for that right, her legal interests are violated.

2. Time limits requires the Court to resolve labor dispute personally is 1 year from the date of discovery of the behavior that each party to the dispute for that right, her legal interests are violated.

Section 3 JURISDICTION and PROCEDURES for SETTLING COLLECTIVE LABOUR DISPUTES Article 203. The Agency, organization or individual has the authority to resolve collective labour disputes 1. The Agency, organization or individual has the authority to resolve collective labor disputes on the rights include: a) mediators of labor;

b) President of the people's Committee of the district, County, city, town in the province (hereinafter referred to as the President of the people's Committee of the district level).

c) people's courts.

2. The Agency, organization or individual has the authority to resolve collective labour disputes about benefits include: a) mediators of labor;

b) Labor Arbitration Council.

Article 204. Order to resolve collective labor disputes in the base 1. The sequence of conciliation of collective labour disputes is done according to the provisions of article 201 of the code. A mediator must clearly state the type of collective labor disputes.

2. where conciliation fails or either party does not perform the agreement within minutes of the mediation shall comply with the following rules: a) for collective labor disputes on the rights of the parties have the right to request the President of the district-level people's committees to resolve;


b) for collective labor disputes on the benefits the parties have the right to request the labour arbitration Council resolution.

3. In the case of expiry settlement as stipulated in item 2 Article 201 of this Act that the labour mediators do not reconcile the parties have the right to submit the petition to the President of the people's Committee at district level.

Within 2 working days from the receipt of the request to resolve the collective labour dispute Committee Chairman-level people are responsible for determining the type of dispute about the rights or benefits.

Where is the collective labor disputes on the right then proceed to solve as defined in art. 2 and Article 205 of this law.

Where is the collective labor disputes on the benefits then just guide the party requesting dispute resolution as specified in point b of paragraph 2 of this Article.

Article 205. Resolve collective labor disputes on the rights of the people's Committee Chairman granted the District 1. Within 5 working days from the date of receiving the petition to resolve collective labor disputes about rights, President of the people's committees at district level to proceed to resolve the labor dispute.

2. At the meeting of labor dispute resolution must be representatives of the two parties to the dispute. Where necessary, the Chairman of people's Committee of the district level invite the representative bodies, related organizations attended the session.

Chairman of people's Committee of the district level base on labour legislation, collective labor agreement, labor regulations were registered and the Statute, other legal agreements to consider settling the labor dispute.

3. In case the parties do not agree with the decision of the President of the people's Committee at district level or too time limit that the President of the people's Committee at district level are not resolved, the parties have the right to ask the Court to resolve.

Article 206. Resolve collective labor disputes on the benefits of Labor Arbitration Council 1. Within 7 working days from the date of receiving the petition to resolve the labour arbitration Council must end the mediation.

2. At the meeting of Labor Arbitration Board must be representatives of the two parties to the dispute. Where necessary, the labour arbitration Council invited the representative agencies, organizations, individuals concerned to attend the session.

The labour arbitration board has the responsibility to support the parties negotiated, case sides don't negotiate the labour arbitration Council make to the two sides to consider.

In case the two parties negotiate or accept mediation approach, the labor arbitration councils set up the minutes of the conciliation decision simultaneously recognized the agreement of the parties.

The case of the two parties do not deal or a party to the dispute has been duly summoned to the second that is still absent without good reason, the labor arbitration councils set up a reconciliation failed.

The minutes are signed by the parties to be present, the Chairperson and the Secretary of Labor Arbitration Council.

A copy of the minutes of the conciliation or conciliation does not have to be submitted to the two parties to the dispute within 7 working days from the date of establishment of the minutes.

3. After the time limit of 10 days from the date of establishment of the labour arbitration Board thereon peace into which one of the parties does not perform the agreement was achieved, the labor collective has the right to conduct the procedure to strike.

In the case of the labour arbitration board set up a mediation fails, then after the time limit of 3 days, labor collective has the right to conduct the procedure to strike.

Article 207. Time required to resolve collective labour disputes about the right time required to resolve collective labor disputes on the right is 10 years from the date of discovery of the behavior that each party to the dispute that the legitimate rights and interests of themselves violated.

Article 208. Prohibited unilateral action while the collective labor disputes are resolved When the incident of collective labor disputes are being organized, agency, individual jurisdiction within the time limit prescribed by this law, no party would be acting unilaterally against the other party.

Item 4 STRIKES and STRIKE SETTLEMENT Article 209. Strike 1. The strike is the stop the temporary, voluntary and organized labor's collective aims to achieve in the process of resolving labor disputes.

2. The strike was only conducted for the collective labor disputes about interests and after the deadline provided for in paragraph 3 to article 206 of the code.

Article 210. The Organization and leadership of the strike 1. Where there is trade union organization shall strike the right basis by the Executive Committee of Union Organization and leadership base.

2. Where not already have unions, the strike base due to union organizations level on the Organization and leadership of the worker's suggestion.

Article 211. The order to strike 1. The labor collective opinions.

2. The decision to strike.

3. Conduct the strike.

Article 212. The procedure of the collective opinions of labour 1. As for the labor collective had organized the Union base, the opinions of members of the Executive Board of the Union base and head of international production. Where no trade union organized the base Chief's comments, the production or of workers.

2. The organization of ideas may be made by check or signature.

3. content comments to strike include: a) option of the Executive Committee of the Union of the contents specified in points b, c and d, item 2 Article 213 of this law;

b) opinions of employees agree or disagree on strike.

4. time, form opinions to the strike by the Union Executive Board decisions and to inform the person of the employer known of at least 7 days.

Article 213. Announced the beginning of the strike 1. When there are over 50% of people are taking the comments agree with the scheme of the Trade Union Committee of the Executive Board of the Union strike decision in writing.

2. The decision to strike must have the following content: a) strike poll results;

b) the beginning of the strike, the strike;

c) scope of conduct strikes;

d) required by the labor collective;

DD) name of the person representing the Trade Union Executive Committee and contacts to resolve.

3. At least 5 working days before the start of the strike, the Union Executive Board sent the decision to strike for the same time, employers send 03 for State administration of labour, provincial, 1 a for provincial unions.

4. To start the strike, if the employers do not accept evaluators of the labor collective, the Executive Committee of the trade union organization and leadership of the strike.

Article 214. Rights of the parties before and during the strike 1. Continue agreement to resolve the content dispute or collective labour proposed state management agency about labor, unions and organizations representing employers in the province level reconcile.

2. The Executive Board of the Union has the following rights: a) to withdraw the decision to strike if no strike or strike termination if are on strike;

b) asking the Court to declare the strike is legal.

3. The employer has the following rights: a) to accept the whole or part of the request and notified in writing to the Executive Committee of the trade union organization, the leader of the strike;

b) temporary closure of work during the strike by not eligible to maintain normal operations or to protect property;

c) asking the Court to declare the strike illegal.

Article 215. The case of illegal strikes 1. Does not arise from the collective labour dispute of the benefits.

2. Institutions for the employees not to work for a labor strike.

3. When the incident of collective labor disputes have not yet been or being bodies, institutions and individuals to solve under the provisions of this law.

4. Proceed in the business not to strike in the category due to government regulations.

5. When a decision has been postponed or stop strikes.

Article 216. Announcement of temporary closure of work at least 3 working days before the temporary closure of the workplace, the employer must post the decision publicly closed temporarily work at work and inform the Agency, the Organization for the following: 1. The Executive Committee of a trade union organization , strike leader;

2. provincial unions;

3. the representative organizations of employers;

4. State administration of labour;

5. the people's committees at district level headquarters.

Article 217. Case closed temporarily bans work 1. Before 12 hours compared with the beginning of the strike stated in the decision to strike.

2. collective labour stoppage after the strike.

Article 218. Wages and other legitimate interests of workers during a strike 1. Workers did not join the strike but had to stop work because of the strike, then stop paying the prescribed in clause 2 Article 98 of this Act and other benefits in accordance with labour legislation.

2. Workers joined the strike are not paid salaries and other benefits as prescribed by the law, except where the two parties have agreed otherwise.

Article 219. Prohibited behavior before, during and after the strike 1. Impede the implementation of the right to strike or to excite, entice, coerce workers strike; hinder workers not to join the strike to go to work.

2. Use of violence; destroy the machines, equipment, property of the employer.

3. Violate the order, the public safety.

4. Termination of the labour contract or disciplined workers for workers, the strike leader or movement of workers, the strike leaders to do other jobs, going to work elsewhere because of strike preparations or participate in strikes.

5. in retaliation, revenge workers join strike, strike leaders.

6. Taking advantage of the strike to make violations of other laws.

Article 220. The case was not on strike


1. do not strike in the unit of employers of essential activities for national economies that the strike could threaten to security, defense, health, public order under the category due to government regulations.

2. State Management Agency must periodically organize listening the collective opinion of the workers and the employers to timely help and address the legitimate requests of the labour collective.

Article 221. The decision to postpone, stop the strike When it deems the strike risks causing serious damage to the national economy, the public interest, the President of the provincial people's Committee decided to delay or stop the strike and delivered to the State bodies, organizations that have jurisdiction.

The Government regulation on delayed or stopped the strike and resolve collective labour rights.

Article 222. Handle is not the correct strike sequence, procedure 1. Chairman of the provincial people's Committee decision declaring the strike violated the order and procedure and notify the President of the people's Committee at district level when the Organization and leadership of the strike do not comply with the provisions of article 212 and 213 of the civil code.

2. within 12 hours from the receipt of the notice of the Chairman of the provincial people's Committee, Chairman of the people's Committee of the district level, in cooperation with the State administration of labour, unions the same level and the agencies, the relevant organizations directly meet the employers and Trade Union Committee of the Trade Union or the facility superior to listen to comments and support the parties seek remedies, bringing production activities back to normal.

Section 5 the COURT REVIEWS the LEGALITY of Article 223. Ask the Court to review the legality of the strike 1. During the strike, or within a period of 3 months from the date of termination, each party has the right to apply to the Court to request the legality of strikes.

2. The petition must contain the following major contents: a) the day, month, year of make the petition;

b) Name the courts accepting;

c) the name, address of the requesting party;

d) name, address of organization leadership strikes;

DD) name and address of the employer where the collective labor strike;

e) content requires the Court to resolve;

g) other information that the requested party deems necessary for the resolution.

3. the requested Party must send the attached copies of the decision to strike, decide or report on the reconciliation of the Agency, the competent organization to resolve collective labour dispute, documentary evidence related to the legality of the strike.

Article 224. The procedure of submitting the petition to the Court to review the legality of the strike procedure of submit, receive applications, the obligation to provide documents and evidence for the review and decision on the legality of the strikes in the courts is made similar to the procedures for submitting, receiving, document supply service evidence in court under the provisions of the code of civil procedure.

Article 225. Jurisdiction to review the legality of the strike 1. The provincial people's Court where the strike occurred are competent to review the legality of the strike.

2. the Supreme People's Court has the authority to resolve complaints against a decision on the legality of the strike.

Article 226. The composition of the Council consider the legality of the strike 1. The legality of a strike is composed of three judges.

2. The Council of complaints against a decision on the legality of the strike include the three judge by the Chief Justice of the Supreme People's Court.

3. The change of judges as members of the Council consider the legality of a strike is made according to the provisions of the code of civil procedure.

Article 227. Procedure for resolving the petition to review the legality of the strike 1. Immediately after receiving the petition, the Chief Justice of the provincial people's Court decided to establish the legality of strikes and assigned to a judge presiding over the settlement petition.

2. within 10 working days from the date of receipt of the petition, the judge assigned to preside over the resolution of the petition to the decision put the legality of the strike out of consideration. The decision to open the session considering the legality of the strike must be sent immediately to the Executive Board of the Union, the employer and the relevant organizations, organs.

3. within 5 working days from the date of the decision to review the legality of the strike, the legality of the strike to open the session considering the legality of the strike.

Article 228. The legality of the strike the courts review the legality of a strike in the following cases: 1. the Party requested to withdraw the petition;

2. The two sides agreed to be together on resolving the strike and have petition the courts don't resolve;

3. Who has the petition was duly summoned to the second that is still absent.

Article 229. The participants of the session considering the legality of the strike 1. The legality of a strike by judges presiding presided; Secretary of the court record the session.

2. Representatives of the collective labour and the employers.

3. the representative of the Agency, held at the request of the courts.

Article 230. Postponed the session considering the legality of the strike 1. The judge assigned to preside over the session considering the legality of the strike or the legality of the strike decided to postpone the session, consider the legality of a strike similar to the rules of the trial adjourned under the provisions of the law on civil procedure.

2. The deadline postponed the session considering the legality of the strike not to exceed 10 working days.

Article 231. The order of the session considering the legality of the strike 1. Chairing the session considering the legality of the strike announced the decision to open the session considering the legality of strikes and content summary petition.

2. The representative of the labour collective and of the employers presented their opinions.

3. Chaired the session considering the legality of the strike may request the agency representatives, the organization participated in the session the presentation of comments.

4. The Council reviews the legality of the strike talk and decided by majority.

Article 232. Decide on the legality of the strike 1. The decision of the Court about the legality of the strike must clearly state the reason and grounds for concluding the legality of strikes.

The decision of the Court about the legality of the strike must be announced publicly in court and sent immediately to the Executive Board of the Union and the employer, the people's Procuratorate at the same level. The labor collective, the employer has the responsibility to enforce the decision of the Court but has the right to complain under the procedure prescribed by this law.

2. Following the decision of the Court about the legality of a strike is announced, if the strike is illegal, the workers are joining the strike to stop the strike and return to work.

Article 233. Handle violation 1. When there was a decision of the Court about the strike is illegal but relentless workers on strike, don't go back to work, according to the degree of the violation may be punished under the provisions of labour legislation on labour.

In case the strike is illegal which cause damage to the employers, the unions strike leaders have to compensation under the provisions of the law.

2. The advantage of disorderly strikes, damaging the machine, equipment, property of the employer; who acts impedes implementation of the right to strike, Excite, entice, coerce workers strike; people behaving retaliation, revenge the strike, leaders of the strike, then depending on the extent of violations, could be dealt administrative infringement or prejudice criminal liability; If the damage is compensated according to the provisions of the law.

Article 234. The order, complaint resolution procedure to decide on the legality of the strike 1. Within 15 days from the date of the decision on the legality of the strike, the Executive Board of the Union, the employer has the right to file a complaint over the Supreme People's Court.

2. Immediately after receiving the complaint the decision about the legality of the strike, the Supreme People's Court must have a written request to the Court was considering the legality of the strike moved the record to consider, resolve.

3. within 3 working days from the date of receiving the written request, the Court had to decide on the legality of strikes are moved up the profile of the Supreme People's Court to consider and resolve.

4. within 10 working days from the date of receiving the records legality of the strike, the Board of appeal for a decision on the legality of the strike.

The decision of the Supreme People's Court is the final decision about the legality of the strike.

Chapter XV the GOVERNANCE of LABOR Article 235. State management content of State management on labor labor include the following principal contents: 1. Enact and implement legal labour legislation;

2. Tracking, statistics, provide information about supply and demand and the fluctuations of supply and demand of labour; policy decisions, planning, human resources planning, vocational training, vocational skills development, build national vocational qualification framework, distribution and use of labor the whole society. Provisions catalogue only profession employers over job training or vocational skills certificate country;

3. Organize and conduct scientific research on labour, statistics, information on labor and the labor market, in terms of standard of living, the income of workers;

4. Build the mechanisms, institutional support to develop harmonious labor relations, stability and progress;

5. Inspection, testing, solving complaints, accusations and handle breach of the labour legislation; labor dispute resolution in accordance with the law;

6. International cooperation on labor.

Article 236. The management authority of the State on labor


1. Unity Government labour governance within the country.

2. The Ministry of labour, invalids and social responsibility before the Government implement state management of labor.

Ministries, ministerial-level agencies in the scope of its powers, the mission is responsible for implementing and coordinating with the Ministry of labor, invalids and Social Affairs in the State management of labor.

3. the people's Committee of the level of implementation of State management of labour in the local scope.

Chapter XVI LABOR INSPECTORS, SANCTIONS VIOLATE LABOUR LEGISLATION Article 237. The task of the State inspection of labour inspection of the Ministry of labor, invalids and Social Affairs, the Department of labor, invalids and Social Affairs has the following principal duties: 1. Inspect the observance of the provisions of labour legislation;

2. Investigation of accidents and safety violations, labor hygiene;

3. Join the Guide applies the system of technical regulation, standards on labor conditions, labor safety, labor hygiene;

4. Complaints, accusations of labor in accordance with the law;

5. Handle under the authority and the competent bodies to handle labor law violations.

Article 238. Labour inspection 1. Inspection of the Ministry of labor, invalids and Social Affairs, the Department of labor, invalids and Social Affairs implemented the Ombudsman function specialization of labor.

2. The inspection of occupational safety, hygiene and labour in the fields, exploration and exploitation of oil and gas, rail transport, waterways, roads, and other units of the armed forces due to the State agency about that field made with a combination of specialist labour inspectors.

Article 239. Processed in violation of the labour sector Who would be violations of the provisions of this law, depending on the nature and extent of the violation that severely disciplined, sanctioning administrative violations or prejudice criminal liability; If the damage is compensated according to the provisions of the law.

Chapter XVII the TERMS OF IMPLEMENTATION of Article 240. The effect of the labor code 1. This Act has effect from 1 may 2013.

The Ministry of labor law on June 23, 1994, the law on amendments and supplements to some articles of The labour law No. 35/2002/QH10, the law amending and supplementing some articles of the Labor Code No. 74/2006/QH11 and the law amending and supplementing some articles of the Labor Code No. 84/2007/QH11 expire from the date this law takes effect.

2. From the date this law have enforceable: a) The labor contract, collective labor agreement, other legal agreements have committed and agreements more beneficial for workers than the provisions of this law are made; the agreement is not consistent with the provisions of the law must be amended and supplemented;

b) specified on time enjoy the mode in the social insurance Law No. 71/2006/QH11 is made according to the provisions of this law.

Female workers on maternity vacation before this Act takes effect, which came may 1, 2013 are still in time to bear children as defined in the social insurance Law No. 71/2006/QH11 enjoy time mode when babies are made according to the provisions of this law.

3. the labour regime for public servants, who belonged to the people's armed forces, public security of the people, social organizations and other cooperative members due to other legal provisions but custom each object that is applied to a number of provisions in this law. The Government issued specific wage policy to apply to public servants, who belonged to the people's army, the people's public security.

Article 241. For where used under 10 employees Who use the employer under 10 employees must implement the provisions of this code, but be reduced, provided some of the criteria and procedure prescribed by the Government.

Article 242. Detailing and guiding the implementation of the Government, the competent authority detailing, guiding the implementation of the article, the account is assigned in the code.

This law was the National Assembly of the Socialist Republic of Vietnam locked XIII, session 3 through 18 June 2012./.





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