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The Law Of Labor:

Original Language Title: Bộ luật Không số: Lao động

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The LABOR CODE of the SOCIALIST REPUBLIC of VIETNAM is the PREFACE of labour is the most important activity of the human person, created by the material wealth and the spiritual values of society. Labor productivity, quality and efficiency are decisive factors in the development of the country.
Labour law regulates the rights and obligations of workers and of employers, labor standards, the principle of use and management, contributing to boosting production, so have important place in social life and in the nation's legal system.
Inheritance and development of our country's labor law from after the August revolution in 1945 to the present, The labor law, instituted the new policy of the Communist Party of Vietnam and materialize the provisions of the Constitution of the Socialist Republic of Vietnam in 1992 about labor , about the use and management of labor.
Labor laws protect the right to work, benefits and other rights of workers, and to protect the legitimate rights and interests of the employers, create conditions for labour relations are harmonious and stable, contributing to the promotion of creative minds and talents of the mind workers and labour , of the labor management, in order to achieve productivity, quality and social progress in labor, manufacturing, service, efficiency in the use and management of labor, contributing to the industrialization and modernization of the country for the cause of strong country, prosperous people, society, civilization.
Chapter I GENERAL PROVISIONS article 1. The Labour Code regulate labour relations between workers working with the employers and the social relationships directly related to labour relations.
Article 2.
The labor code are applicable to every worker, every organization or individual employers under the employment contract, in the economic sectors, the form of ownership.
This law also apply to apprentices, who helps the family and some other labor types are specified in this law.
Article 3. Vietnam citizens working in the business for foreign investment in Vietnam, at the Agency, foreign or international organizations on the territory of Vietnam and foreign people working in enterprises, organizations and for individuals on the territory of Vietnam Vietnam belong to the scope of this Act and the other provisions of the law of Vietnam , except in the case of international treaties to which the Socialist Republic of Vietnam signed or otherwise.
Article 4. The labour regime for public officials, State officials, who keep the elected, elected or appointed, who belonged to the people's armed forces, public security, the people in unions, political organizations, other social and cooperative member Township due to other legal provisions but customize each object that is applied to a number of provisions in The This law.
Article 5.
1-everyone has the right to work, freedom of choice of employment and occupation, vocational and professional proficiency, not suffer discrimination on gender, ethnic, social, religious, beliefs.
2-prohibited the mistreatment of workers; prohibition of forced labor of any kind.
3-all activities create employment, self-employment, vocational and apprenticeship to work, all activities of production, business attracted many workers are covered by the State to encourage and create favorable conditions or help.
Article 6.
The employee who is at least 15 years old, have enough ability to labor and have labor contracts.
The employer's enterprise, agency, organisation or individual, if the individual is at least 18 years old, enough to have the hiring, use and pay the labor.
Article 7.
1-workers are paid on the basis of agreement with the employers but not lower than the minimum wage by State regulations and according to productivity, quality, efficiency of work; labour protection, working in the conditions of occupational safety, hygiene and labour; vacation mode the vacation, according to the annual salary and social insurance as defined by the law. State regulations on labor and social policy aimed at the protection of women workers and the labor type has specific characteristics.
2-the employee has the right to establish, join, Union activity under the law on trade unions to protect the rights and legitimate interests; enjoy the collective benefits, join the enterprise management according to business rules and regulations of the law.
3-the employee is obliged to perform labor contracts, collective labor agreement, Executive labour discipline, labor regulations and adhere to the legality of the use of labour.
4-workers have the right to strike in accordance with the law.
Article 8.
1-The employer has the right to recruit workers, the layout, the workers operating according to production needs, business; have the right rewards and treats the violation of labor discipline in accordance with the labor law.
2-The employer has the right to send representatives to negotiate, signing collective labor agreement in business or industry collective labour agreement; is responsible for collaborating with the Union discuss the issues of labor relations, improving material and spiritual life of workers.
3-The employer is obliged to implement the labor contract, collective labor agreement and other agreements with employees, respect honor, dignity and proper treatment of employees.
Article 9.
Labor relations between workers and employers who are established and conducted through negotiations, the agreement according to the principle of voluntary, equality, cooperation, respect for the rights and legitimate interests of each other, the full implementation of the pledged thing.
The State encourages the secured agreement for workers to have more favorable conditions than the provisions of labour law.
Workers and employers have the right to ask the Agency, the competent organization to resolve the labor dispute. The State encourages the resolution of labor disputes by conciliation and arbitration.
Article 10.
1-the State of human resource management and labor management by law and have to develop policy, distribution of human resources, develop diverse forms of employers and employment services.
2-Guide to State employees and the employers to build harmonious labor relationship and stability, together in partnership for the development of the business.
Article 11.
The State encourages the management of democracy, fairness, civility in business and any measures taken, including excerpts from the profits of the business, making workers interested in the performance of the business, in order to achieve a high efficiency in the labor management, production of the business.
The State has a policy to employees to buy the shares, raising capital for SME development.
Article 12. The Union joined with State bodies, economic institutions, social organizations to take care of and protect the rights of workers; Join check, monitoring the enforcement of the provisions of the labour law.
Chapter II the Do 13.
All activities of labor to create sources of income, being forbidden by law are recognised as employment.
Jobs, guarantee for everyone the workers likely have the opportunity to get a job is the responsibility of the State, of enterprises and society as a whole.
Article 14.

1-State plan to target job creation in the new plan of socio-economic development 5 years and every year, create necessary conditions, financial assistance, loans or reduction of, tax exemption and apply measures to encourage the other to people likely to resolve themselves labor jobs , to the organizations, units and individuals of all economic sectors to develop many new professions aimed at creating jobs for many employees.
2-the State has preferential policy of settling employment to attract and employers is the minority.
3-State policies encourage, create favorable conditions for organizations and individuals in the country and abroad, including the Vietnam foreign investment in manufacturing, business development, to create jobs for workers.
Article 15.
1-the Government set up a national program on employment, investment projects of socio-economic development, migration to the new economic zone development tied to job creation programs; establishment of the national employment fund from the State budget and other sources, the development of employment services organization. Every year the Government submitted to the National Assembly decided the program and the national employment fund.
2-the people's Committee of the central cities, created the program and Fund resolution of the local people's Councils of the same level.
3-State bodies, economic institutions, unions and social organizations in the scope of the mission, his powers have a responsibility to participate in implementation of the program and the Foundation resolution.
Article 16.
1-the employee has the right to work for any employer who would and in any place which is not prohibited by law. People need to find work have the right to directly relate to the job search or register at the employment service organizations to find work according to ability, aspirations, career level and their health.
2-The employer has the right to directly or through the employment service organizations to recruit workers, have the right to increase the reduced labour, consistent with the needs of production, business under the provisions of the law.
Article 17.
1-in the case by changing the structure or technology that workers had been working regularly in the enterprise from one year over lost jobs, employers are responsible for training them to continue using the new workplace; If unable to resolve new jobs, to give employees severance pay to pay subsidies to loss of job, for every year of work pays a monthly salary, but also the lowest in two months.
2-when the need for more people quitting under paragraph 1 of this article, the employer must publish the list, based on the needs of the business and worked at the business, profession, family situation and other factors of each person to turn to retrenchment, after having exchanged , agreed with the Executive Committee of the Trade Union in the enterprise base according to the procedure prescribed in clause 2 Article 38 of this law. The job is only conducted after you have reported it to the local labor authorities said.
3-The business must reserve funds on subsidies job loss under the rules of the Government to timely assistance for workers in businesses lost jobs.
4-Government policies and measures for vocational training, organization, production and business guide, for low-interest loans from the National Fund for job creation, create conditions for workers to find employment or self-employment; financial support for the local industry and many people lack jobs or lose jobs due to structural changes or technology.
Article 18.
1-employment services organization established under the provisions of the law have counseling, referrals, and labor supply, collect and provide information on the labour market. Putting Vietnam workers go to work abroad are conducted only after permission of competent State agencies.
2-employment service organizations are collecting fees, been reviewed state tax exemption and reduction, to be held under the vocational regulations in chapter III of this law.
3-Ministry of labour, invalids and social governance for employment service organizations in the country.
Article 19.
Prohibits all acts of seduction, promises and deceptive advertising to cheat or take advantage of labor employment services to perform these acts against the law.
IIII chapter APPRENTICESHIP article 20.
1-everyone has the right to free choice of profession and place of apprenticeship consistent with the demands of his job.
2-business, organization and individual are eligible under the provisions of the law are open vocational basis.
The Government issued regulations on the opening of the vocational.
Article 21.
1-vocational registration, operating under the vocational regulations, are collecting fees and must pay tax according to the provisions of the law.
2-vocational facility for the wounded, the sick, the disabled, ethnic minorities or in areas where many people lack jobs, job loss, vocational mentoring, traditional home, yard was considering reducing, tax free.
Article 22. Apprentices in vocational training establishments must be at least 13 years of age, except for some trades due to the Ministry of labor, invalids and social regulations and must have enough health, consistent with the requirements of the profession.
Article 23.
1-responsible business organizations to improve their career for workers and retraining before moving on to do other workers in the enterprise.
2-national business people on apprenticeship, trades to work in enterprises by the deadline in the contract of apprenticeship, the craft is not registered and not tuition fees. Time, the apprenticeship trades are calculated on seniority to work in the business. During the apprenticeship, trades, if directly or participate in making products for the enterprise, craft apprentices are paid according to the level agreed by the two sides.
Article 24.
1-learning the trades apprenticeship contracts must be in writing or orally among apprentices with apprenticeship or vocational representatives. If the contract writing apprenticeship, they must make two copies, each party holds one copy.
2-the content of the contract of apprenticeship should include objectives, location, school, tuition, academic term, the level of compensation when the breach of contract.
3-in the case of businesses getting people into apprenticeship to use apprenticeship contract must have the commitment of time to work for the business and to secure the signing of labor contracts after school. After completing apprentices, if not work according to the commitment it must compensate the cost of vocational training.
4-in case of the termination of apprenticeship contracts ahead of time for reasons of force majeure shall not compensate.
Article 25. Prohibits any businesses, organizations and individuals taking advantage of vocational professions infusion, nominal to profited, exploitative labor or seduce, force the apprentices, the trades in these unlawful activities.
Chapter IV EMPLOYMENT CONTRACT Article 26. The labor contract is the agreement between workers and employers about jobs there pay, labor conditions, rights and obligations of each party in labor relations.
Article 27.
1-employment contract must be committed in one of the following types: a) the employment contract does not specify the time limit;
b) labor contracts specify the time limit from one year to three years;
c) seasonal employment contract or under a certain time limit that work under a year.

2-non-delivery of the seasonal employment contract or under a certain time limit that work under a year to do the work in nature, often from a year or more, except in cases of temporary replacement workers to go to military service, according to the maternity leave or temporary in nature.
Article 28. The labor contract is concluded in writing and must be made in two originals, each party holds one copy. For some the work of temporary nature, that the time limit under three months or for assisting family labour, the parties can orally committed. In the case of oral agreements, then the parties naturally must comply with the provisions of the labour law.
Article 29.
1-employment contract must contain the following principal contents: to do work, working hours, rest time, salary, working location, duration of the contract, conditions of occupational safety, hygiene and labour and social insurance for workers.
2-in the case of a part or the whole content of the employment contract stipulates the rights of workers is lower than the level set forth in the labor law, collective labor agreement, labor rules are applied within the enterprise or limit other rights of workers the part or all of the contents that must be modified and supplements.
3-in the case of detection of labor contracts with content mentioned in clause 2 of this Thing, then the labor inspection Guide for parties to modify, complement accordingly. If the parties cannot modify, Supplement, the labour inspector has the right to force the cancellation of that content.
Article 30.
1-the labor contract is directly between workers with employers.
2-the labour contract may be signed between the employers with the legally authorized on behalf of the Group of workers; in this case the contract takes effect as signed with each person.
3-employees can enter one or more of the employment contract, with one or more people, but employers must ensure the full implementation of the contract has committed.
4-work under labor contracts are due to the delivery of the implementation, not be assigned to another person, without the consent of the employer.
Article 31. In the event of a merger, Division, transfer of business ownership, management or the right to use the assets of the business, then the next employer is responsible to continue making labor contracts with the workers until the two sides agreed upon amendments, termination of the employment contract or the new labor contracts.
Article 32.
The employer and the employee agree on job try, time trial, on the rights, obligations of the two parties. Wages of workers in the time trial at least equal to 70% of the wage level of the job. Probationary period of 60 days for not being too professional high technical labor and not be too 30 days for other workers.
In the time trial, each party has the right to cancel the agreement made to try without notice and compensation if unsatisfactory test job that the two sides had agreed upon. When jobs try to reach required the employers to get workers into formal work as agreed.
Article 33.
Labor contract in effect from the date of delivery or from either side of the agreed due date.
In the process of implementation of the labor contract, if the party would require to change the content of the contract, they must notify the other party knew of at least three days. Changing the content of the employment contract can be conducted by modifying, supplementing the labor contract has been delivered or the new labor contracts.
Article 34.
1-When sudden difficulty or due to production needs, business, the employer is entitled to temporarily transfer employees to other work left the profession, but do not be too 60 days in a year.
2-When temporarily transfer employees to other work left the profession, the employer must notify the employee knows at least three days in advance, must clarify the time limit for temporary work and job matching health and gender of the workers.
3-temporary workers to do other 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 previous salary is retained the old salary within 30 working days. Salary according to the new job must be at least equal to 70% of the former salary, but not lower than the minimum wage prescribed by the State.
Article 35.
1-employment contract be postponed the implementation of the following cases: a) workers go to military service or other citizen obligations prescribed by law;
b) workers detained, detention;
c) other cases due to the two parties to the agreement.
2-time delay labor contracts for the cases specified in point a and point c of paragraph 1 of this article, the employers have to get employees back to work.
3-The return of workers detained, the detention when time expired labor contract suspension due to government regulations.
Article 36.
The labor contract is terminated in the following cases: 1-expired contract;
2-completed the work under the contract;
3-the two parties agreed to terminate the contract;
4-workers sentenced to prison or forbidden old work according to the decision of the Court;
5-workers killed; missing according to the court statement.
Article 37.
1-employees working under labor contracts specify the time limit from one year to three years, seasonal employment contract or under a certain time limit that work under a year 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 contract;
b) are not paid or not paid in full on time according to the contract;
c) were persecuted; suffer forced labor;
d) yourself or your family really difficult circumstances cannot continue to perform the contract;
DD) was elected dedicated mission in elected bodies or appointed Office in the State apparatus;
e) pregnant female workers must leave as directed by the physician.
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) for specified at points a, b and c: at least three days;
b) with respect to the cases specified in point d and point a: at least thirty days if the contract determines the time limit from one year to three years; at least three days if it is seasonal or contract under a certain time limit that work under a year;
c) for cases specified in point e: by the time limit specified in article 112 of this code.
3-employees follow the labor contract does not define the term reserves the right to terminate the employment contract, but must notify the employer know in advance at least 45 days.
Article 38.
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) employees were disciplined layoffs under the provisions of article 85 of this law;

c) employees follow the labor contract does not determine the duration of illness was treated 12 months, employees follow the labor contract defines the term sickness had treated six months and workers to follow the labor contract under a year sick had half a treatment duration of employment contract , which labor ability has not yet recovered. When the worker's health recovered, shall be considered for delivery the next labor contract;
d) due to natural disaster, fire or other unforeseen reasons that the employer has to search every remedy but still forced to narrow production work;
DD) enterprise, agency, organisation of active termination.
2-before the unilateral termination of labor contract according to the points a, b and c of paragraph 1 of this article, the employer must exchange, agreed with the Executive Committee of the Union base. In the absence of unanimity, the two parties must report to the Agency, the competent organization. After 30 days from the date of notice for the labor agency said, 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 ask to resolve the labor dispute in sequence by the law regulations.
3-when the unilateral termination of the employment contract, except in cases specified in point b of paragraph 1 of this article, 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 from one year to three years;
c) at least three days for seasonal employment contract, under a certain time limit that work under a year.
Article 39.
The employer cannot be unilaterally terminated the employment contract in the following cases: 1-ailing workers or workers ' compensation, occupational diseases are treated, nursing, physician's discretion except in cases specified in point c and point 1 article 38 clause of the DD Act;
2-worker on holiday every year, the holiday on the private and the other breaks the case the employer allows;
3-the employee is male in the case prescribed in clause 3 Article 111 of this code.
Article 40. Each party may abandon the unilateral termination of labor contract before the expiry of notice. When the expiry notice, each party has the right to terminate the employment contract.
Article 41.
1-in the case of the employers unilaterally terminated the employment contract is unlawful must get employees back to work and have to pay a sum of money corresponding to the salary of the day laborers are not working. In the case of workers who do not want to return to work, in addition to funds to compensation corresponding to the salary in those days not worked, workers also subsidized according to the provisions in clause 1 Article 42 of this law.
2-in the case of workers unilaterally terminate the employment contract is unlawful shall not be retrenchment.
3-in the case of workers unilaterally terminate the employment contract, the right of compensation for training costs if any, prescribed by the Government.
4-in the case of unilateral termination of labor contract if the breach of rules regarding the time limit for notice of, violating the right of compensation to the other party a sum of money corresponding to the salary of workers in those days did not notice.
Article 42.
1-When terminating labor contracts for employees have been working regularly in the enterprise, agency or organisation from a year or more, the employer is responsible for retrenchment, for every year of work is half a month's wages, plus salary allowances, if any.
2-When terminating labor contracts as defined in point a and point b paragraph 1 Article 85 of this law, workers are not retrenchment.
43 things.
Within seven 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.
In the case of bankrupt enterprises, then the account is related to the rights of workers are paid according to the provisions of the law on enterprise bankruptcy.
The employers record the reason for the termination of the employment contract labour and are responsible to return the window for workers. In addition to the provisions in the labour, the employers not reviewed what additional obstacles for workers to find new jobs.
Chapter V COLLECTIVE LABOR CONVENTION Article 44.
1-collective labor agreement (hereinafter referred to as the collective agreement) is written in the collective agreement between the labour and the employer about the condition of labor and employers, the rights and obligations of the two sides in labor relations.
The collective agreement by the representatives of the labour collective and the employer negotiate and signed according to the voluntary principles, equality and publicity.
2-the content of the collective agreement was not contrary to the provisions of the labor law and other laws.
The State encourages the signing of the collective agreement with the provisions that are more beneficial for the employee than the provisions of labour law.
Article 45.
1-representative to negotiate the collective agreement of the two parties are: a) Collective Labour Party's Trade Union Committee of the facility or the provisional trade union organizations;
b) Side who is Director of the employers business or person authorized by the Charter business organization or have the authorization of the Director of the paper business.
The number of representatives to negotiate the collective agreement of the parties due to the two parties to the agreement but are equally.
2-Representative signed the collective Labor Party Chairman of the Executive Committee of the Union base or who have authorization of the Executive Committee of the Union. Representatives of the parties who signed the employer is Director of the business or person who has the authorization of the Director of the paper business.
3-the signing of the collective agreement are conducted when there is over 50% of people in the labor collective of the enterprise approved content negotiated agreement.
Article 46.
1-each party has the right to request a signed proposal and content of the collective agreement. When requested, the receiving party must accept the request to negotiate and to the agreement time began negotiations at the latest 20 days from the date of receiving the request.
2-the content of the collective agreement includes the commitment on employment and employment guarantee; during working hours, time to rest; salary, bonus, salary allowances; Labor norms; occupational safety, hygiene and labour and social insurance for workers.
Article 47.
1-collective agreement signed to do 4 copies, of which: a) a due to the employers hold;
b) a Trade Union Executive Committee by the facility;
c) a Trade Union Executive Committee due to the base-level Trade Union sent on;
d) a labor by users sending provincial labour authorities of 10 days, from the date of signing to sign.
These businesses have a basis in many provinces and cities under the central registration of collective bargaining conducted in provincial labour authorities where there is the headquarters of the business.

2-collective agreement is effective from the date of the provincial labour authority registered. Slowly for 15 days from the date of a collective agreement, the provincial labour authority must notify the registration. If on expiry without notification, the collective agreement of course.
Article 48.
1-collective agreement are considered partially disabled when one or several articles of the Convention have not been provincial labour authority approval, other terms are registered remains effective implementation.
2-collective agreement in one of the following circumstances shall be deemed to be void in whole: a) the full text of the Convention is unlawful;
b) Who signed the Convention do not properly authorized;
c) does not proceed in the correct order and signed;
d) not registered in the provincial labour authority.
3-The claimed cancellation of the collective agreement is void in cases specified in point a of paragraph 2 of this article, under the authority of the provincial labour authority. With respect to the collective agreement in the cases provided for in points b, c and d of paragraph 2 of this article, if the content has benefit for workers, the labor Agency issued the instructions to the parties again for rules, if not do back then was provincial labour authority declared abandoned.
Article 49.
1-When the collective agreement was in effect, the employer must inform all employees in the business know. Everyone in the business, including on the work after signing are responsible for fully implementing the collective agreement.
2-in the case of the rights of workers were agreed upon in the labour contract is lower than the collective agreement, it must implement the terms of the respective collective agreement. All labour regulations in the business must be modified in accordance with the collective agreement.
3-When a party that the other party is not fully enforced or the violation of the collective 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 sequence by the law regulations.
Article 50.
The collective agreement was signed with the time limit from one year to three years. For business the first signing of the collective agreement, it may be concluded with a time limit of under a year.
After only three months, since the effective date for the collective agreement under the time limit of one year and six months for collective agreement time limit from one year to three years, the new party has the right to request amendments, supplements the Convention. The amendments and supplements to be conducted according to the sequence as the signing of the collective agreement.
Article 51. Before the expiry of the collective agreement, the two sides can negotiate to extend the term of the collective agreement or signing a new collective agreement. When the expired collective agreement that the two sides continue to negotiate, the collective agreement is still in effect. If more than three months from the date of expiry of the collective agreement that the negotiations do not go to the results, the collective agreement of course.
Article 52.
1-in the case of split business, transfer of ownership, management or the right to use the assets of the business, then the next employer is responsible to continue implementation of the collective agreement until they expire or until the signing of the new collective agreement.
In the case of merged enterprises, the implementation of collective bargaining due to government regulations.
2-in the case of collective agreement expired due to the termination of business activities, the rights of workers to be resolved under article 66 of this law.
Article 53.
The employers to bear all expenses for the negotiation, signing, sign, modify, Supplement, published in the collective agreement.
The collective representation of workers labor is paid by enterprises, they still are paid during the negotiations, the signing of the collective agreement.
Article 54. The provisions of this chapter apply to the negotiation and signing of the collective agreement.
Chapter VI the SALARY Article 55. The salary of workers due to the two sides agreed upon in the labour contract and are paid according to productivity, quality and efficiency. The worker's wage cannot be lower than the minimum wage prescribed by the State.
Article 56.
The minimum wage is determined by price, guaranteed for workers to do simple jobs in normal labor conditions offset simple labor and part of accrued energy production expanded and used as a base for the calculation of the salary for the category of other workers.
The Government decision and announce the general minimum wage, minimum wage the minimum wage in the sector, for each period after taking the opinion Of Vietnam Labour Federation and the representative of the employer.
When the living price index increased to make the actual wages of workers declined, the Government adjusted the minimum wage to ensure actual wages.
Article 57. The Government announced salary scale, salary table to calculate the mode of social insurance, health insurance, wages when overtime, night work, stop the annual vacation, and the other the case of workers after the opinions Of Vietnam Labour Federation and the representative of the employer.
Article 58.
1-The employer has the right to choose the form of payment over time (hours, days, weeks, months), according to the product, according to the securities but must maintain the selected payroll forms in a certain time and must inform the workers know.
2-paid workers hours, days, weeks are paid after the hour, day, week or work to be charged included due to the two parties to the agreement, but at least 15 days must be paid in lump sum.
3-month paid workers pay both a month or half a month.
4-paid workers according to the product, according to the securities, 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 59.
1-paid workers directly, in full, on time and at work.
In special cases must pay slowly, don't be too slow a month and the employers to compensate workers for an amount of at least equal interest rates for savings deposits by the Bank announced at the time.
2-Salaries were paid in cash. The paid part by cheque or cheques issued by the State, since the two sides agreed on the condition that does not cause damage, inconvenience for workers.
Article 60.
1-the employee has the right to know the reason any deductions on his salary. Before deducting wages of workers, the employer must discuss with the Executive Committee of the Union; case of deduction shall also not be deducted more than 30% of the monthly salary.
2-labor users not applied the sanction in the form of wage workers Cup.
Article 61.
1-overtime workers are paid as follows: a) on the day, paid at least 150% of the wages of the ordinary working day;
b) on days off every week or holidays, paid at least 200% of salary for the hours of a normal working day.
If overtime at night, then also be paid more under the provisions of paragraph 2 of this Article.

If workers are substituted for the overtime, the employers who pay only part of the difference compared to the salary of the normal working day.
2-employees work at night the provisions of article 70 of this law, shall be paid at least 30% of the salary for work during the day.
Article 62.
In the case 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;
3-If because of problems with power and water that are not the fault of the employer, or because of the unforeseen causes, the salary due to the two parties to the agreement, but not lower than the minimum wage.
Article 63. The extra mode level, bonus, raising the wage level, encouraging other modes can be agreed upon in the labour contract, collective agreement or specified in the regulation of the business.
Article 64. The employer is responsible for quoting from the annual profits to reward workers who have worked in the business from a year or more, according to the regulations of the Government match the characteristics of each type of business.
Article 65.
1-Where would use contractors or people who have the same intermediary role, then the employer is the main holder must have a list of addresses and enclose the list of those who labor to work with them and to ensure they comply with the provisions of the law on paid labour safety, hygiene and labour.
2-If the bid or who have the same intermediary role pay is missing or does not pay and does not guarantee the 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 66. In the event of a merger, Division, transfer of business ownership, management or the right to use the assets of the business, then the next employer is responsible for paying the salary and other benefits for workers. In the case of bankrupt enterprises, the wages, retrenchment, social insurance and other benefits of employees under the collective agreement and labour contract signed was the first debt in order of priority of payment.
Article 67.
1-When a body or troubled families, workers are advance salary according to conditions set by the two parties to the agreement.
2-labor users advance salary for workers to temporarily leave to do the obligations of citizens.
3-the advance of salary for workers detained, detention under the provisions of the Government.
Chapter VII DURING WORKING HOURS, the HOURS of REST 1 HOUR WORKING TIME Article 68 1-Time working hours do not exceed 8 hours in a day or 48 hours in a week. The employer has the right to prescribe time working by day or week, but must inform the workers know.
2-hour daily work Period was shortened from one to two hours for those doing the work is particularly heavy, toxic, dangerous, according to the list by the Ministry of labor, invalids and Social Affairs and the Ministry of Health issued.
Article 69. The employers and employees may agree to do more hours, but not more than four hours in a day, 200 hours per year.
Article 70. During the night hours from 23 hours to 6 hours or from 21 hours to 5 hours, depending on the climate zone due to government regulations.
Item 2 HOURS of REST Article 71.
1-employees work 8 hours continuously, was rested for at least half an hour, calculated in hours of work.
2-Person night shift was singers at least 45 minute break between, calculated in hours of work.
3-employees work according to the ca to be rested for at least 12 hours before moving on to other shifts.
Article 72.
1-off workers every week at least one day (24 continuous hours).
2-The employers can arrange holidays for weeks on Sunday or on a fixed day of the week.
3-in the case of particularly due to the cycle of labor could not break downloads, then the employer must guarantee workers holiday computer a month on average for at least four days.
Article 73.
Workers are working holiday, enjoy the raw salary the following holidays: new year's day: a day-(January 1 of the calendar).
-Lunar New year: four days (one day last year and the first three days of the lunar year).
-Victory day: one day (April 30, solar calendar).
-International Labor Day: a day (on 1 may of the calendar).
-National day: one day (on September 2 of the calendar).
If the aforementioned holidays coincide on a weekly day of rest, the laborers are substituted into the next day.
Article 74.
1-the employee has 12 months to work in a business or a person with employers is an annual holiday, enjoy the raw salary as defined below: a) 12 working days, for the people who do work in normal conditions;
b) 14 working days, for the hard work, toxic, dangerous or working in areas where harsh living conditions and for people under the age of 18;
c) 16 working days, for the person doing the work is particularly heavy, toxic, dangerous; who do heavy-duty, toxic, dangerous in places with harsh living conditions.
2-time goes way beyond the holidays every year due to government regulations.
Article 75. The number of annual holidays was increased according to seniority to work in a business or a person with employers, for five years is one more vacation days.
Article 76.
1-The employer has the right to annual holidays defined after consultation of the Executive Board of the Union base and must inform the people in the business.
2-Person labor agreement with the employer to annual vacation several times. People working in remote places, if requested, included the number of holidays for two years; If the blackout included three years must be the employers agree 3-workers due to retrenchment or because of other reasons that are not yet break every year or have yet to break off on vacations annually, paid on the breaks yet.
Article 77.
1-When the annual vacation, the employee is an amount at least equal to the salary of the holidays. Money train cars and salaries of workers in those days on the road due to the two parties to the agreement.
2-workers are under 12 months of work, the annual vacation time is calculated according to the rate corresponding to the number of working time and can be paid by cash.
Item 3 on the BREAK, the BREAK is NOT ENTITLED to SALARY Article 78.
Workers were on holiday on the private and still enjoy salary resources in the following cases: 1-married, three day holiday;
2-married, the rest of the day;
3-parents (both husband and wife party) died, wife or husband die, you die, stay three days.
Article 79. Can workers agreement with the employer for non-paid.
Item 4 WORKING HOURS and LEISURE TIME for the PERSON DOING the WORK HAVE SPECIAL PROPERTIES

Article 80. During working hours and leisure time of those who work at sea, in mines and doing jobs other special nature due to government regulations.
Article 81. During working hours and leisure time of those who do not contract full-time, not the full week, making securities due to the workers and the employers agreed.
Chapter VIII LABOR DISCIPLINE, PHYSICAL RESPONSIBILITY Article 82.
1-labour discipline is the rule on the subject of time, technology and manufacturing business, operating in labor regulations.
Labor regulations not be contrary to labour law and other laws. The business employs 10 or more employees must have the labor regulations in writing.
2-before promulgation of labor regulations, the employer must consult the opinion of the Executive Committee of the Trade Union in the enterprise base.
3-The employer must register a labor regulations in provincial labour authority. Labor regulations in force from the date of registration. The latest is 10 days from the receipt of a labor regulations, provincial labour authorities must inform the registration. If on expiry without notification, then a natural labor rules in effect.
Article 83.
1-labor regulations must have the following principal contents: a) During working hours and rest time;
b) order in the business;
c) labor safety, labor hygiene in the workplace;
d) the protection of assets and technology, business secret of enterprises;
DD) The violations of labor discipline, disciplinary forms of labour and physical responsibilities.
2-labor regulations must be reported to each person and the main points must be listed in the required place in the business.
Article 84.
1-The violation of labor discipline, depending on the level of offending, dealt with under one of the following forms: a) reprimand;
b) Moved to other work have lower wage within a maximum of six months;
c) dismissal.
2-do not apply more disciplined form of labour for a violation of labor discipline.
Article 85.
1-form of disciplinary dismissal only applies in the following cases: a) are workers of theft, embezzlement, reveal the secret technology, business or other acts causing serious damage to property, the interests of business;
b) employees were disciplined moved to other work which happen in the time not yet clear discipline;
c) workers arbitrarily quit seven days a month or 20 days in a year without good reason.
2-after the dismissal of workers, the employer must notify the provincial labour authority said.
Article 86. Time to handle violation of labor discipline, a maximum of three months from the date the violation occurred, a special case not more than six months.
Article 87.
1-when conducting the processing violate labor discipline, the employers have to prove the fault of the workers.
2-the employee has the right to counsel or lawyer, Member or other person.
3-When considering disciplinary labor must present litigants and must have the participation of the representative of the Executive Committee of a Trade Union in the enterprise base.
4-review of disciplined workers shall be recorded into the minutes.
Article 88.
1-Person reprimanded after three months and people were disciplined moved to another job after six months from the date of being processed, if not it then of course be clear discipline.
2-the person being disciplined to do another job transfer, after half of the Executive term, if the repair progress, then the employer is considering the reduction of the time limit.
Article 89. Workers damaging equipment, tools or other acts causing damage to the property of the business, the compensation prescribed by law for the damage caused. If the damage is not due to serious negligence, shall have to compensate many for three months salary and be deducted gradually into the salary as defined in article 60 of this law.
Article 90. Workers lost tools, equipment and other assets lost due to traffic or business materials consumption too norms allows the custom cases to compensate the damage in whole or in part by market value; in the case of a contract of responsibility must then compensate by contract the responsibility; in the case of force majeure, no compensation.
Article 91. Order handling procedures the compensation stipulated in article 89 and 90 are applied as prescribed in article 86 and 87 of this law.
Article 92.
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 working hard to verify, after consultation of the Executive Board of the Union base.
2-time limit of temporary suspension of work no longer than 15 days, special cases not more than three months. During that time, workers were 50% advance of salary before the suspended job.
Expiry of temporary suspension of work, employees must be working.
3-If there is an error that was disciplined labor, workers also do not have to pay back the amount deposited.
4-If the employee is not at fault, then the employer must pay the full salary and salary allowance during temporary suspension of work.
Article 93. People were disciplined labor, suffer suspension from work or are compensated according to the mode of material responsibility if found satisfactory, no complaint with the employers, with the competent authorities or the request to resolve the labor dispute in sequence by the law regulations.
Article 94. When the competent authority conclusions about the handling of the decision of employers is wrong, then the employer must cancel the decision, publicly apologize, restoring honor and all material benefits for workers.
Chapter IX LABOR SAFETY, LABOR HYGIENE Article 95.
1-The employer has the responsibility to fully equipped means of labor protection, labor safety, labor sanitation and improve labor conditions for workers. Employees must comply with the regulations on safety, hygiene and labour and labour rules of the business. Every organization and individual are related to labor, the production must comply with the legislation on occupational safety, labour hygiene and environmental protection.
2-the Government set up a national programme for the protection of labour, labour safety, sanitation workers, bringing in socio-economic development plan and social budget of the State; investing in scientific research, support the development of production tools, safety equipment, labor, hygiene and individual protection means; standard system, legal processes, labor safety, labor hygiene.
3-the Vietnam General Confederation of labour joined with the Government in the formulation of the national programme for the protection of labour, labour safety, sanitation workers, construction of scientific research programs and build law on labor protection, labor safety, labor hygiene.
Article 96.
1-the construction of new or expanded, renovated the facility to manufacture, use, storage, keeping and storing equipment, machines, materials, substances that require strict on safety, sanitation workers, must have the justification of the measures ensuring occupational safety Labor hygiene, for the work of the workers and the surrounding environment as provided by law.

List the types of machines, equipment, materials, substances that require strict on safety, hygiene and labour by the Ministry of labor, invalids and Social Affairs and the Ministry of Health issued.
2-the production, use, storage, transport, machinery, equipment, materials, energy, electricity, chemicals, pesticides, herbicides, which kill the mouse, changing technology, new technology import must be made according to the standards of occupational safety, hygiene and labour. The types of machines, equipment, materials, substances that require strict labor safety, labor hygiene must be declared, register and apply for a license with the State inspection agency about labor safety or labor hygiene.
Article 97. The employer must ensure the workplace standard of space, the glance luminosity, hygiene standards, allowing about dust, fumes, toxic, radioactive, gas, noise, humidity, vibration, heat and other harmful elements. The elements that must be periodically check measurement.
Article 98.
1-The employer must periodically check, repair, equipment, machine, factory, warehouse labor safety standards, labour hygiene.
2-The employer must have sufficient means of shielding the easy parts of the hazard, equipment in enterprises; place of work, where the most recent machines, equipments, where there are dangerous, toxic elements in the enterprise, are deployed to prevent trouble, have just about occupational safety, hygiene and labour put in place which everyone, easy to read.
Article 99.
1-in the case of the workplace, machinery, equipment, risks causing accidents, occupational disease, the employer must immediately remedy or are ordered to stop operations at the workplace and for the machine, the device until the risk is overcome.
2-the employee has the right to refuse to do the work or leave work when clearly there is a risk of an accident, serious threats 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 100. The workplace has hazardous factors, toxic, easily cause accidents must be labour users equipped with technical means, health and labor protection equipment appropriate to ensure a timely response in the event of incidents, accidents.
Article 101.
Workers do work there dangerous, toxic elements must be granted adequate personal protection means.
The employer must ensure personal protection means quality standards and procedures prescribed by law.
Article 102.
When recruitment and labour arrangements, the employers must base on health standards prescribed for each type of work, training, instructions, inform the employee about these provisions, safe working methods, and the possibility of accidents need to be wary in the work of individual workers.
Workers must be health when recruitment and periodic health examination according to the prescribed regimes. Health costs to employees by the employer.
Article 103. Businesses have the responsibility to organize health care for workers and to timely first aid, first aid for workers when needed.
Article 104.
People working in conditions that are hazardous, toxic elements are fostering in kind, enjoy preferential mode of working hours, the hours of rest prescribed by law.
People who work in places where there are factors that cause poisoning, infections, when hours of work must be the employer ensures the detoxifying measures, personal hygiene, disinfection.
Article 105.
Labor accident is an accident hurting any parts of the body function, laborers or fatal, occur during labor, associated with the implementation of the work, labor duties.
The labor accident must be timely rescue and treatment. The employers are responsible for the accident according to the rules of labour law.
Article 106.
Occupational diseases are diseases that arise due to the harmful labour conditions of the career implications for workers. The list of occupational diseases due to the Ministry of health and Ministry of labor, invalids and Social Affairs issued after obtaining the opinion Of Vietnam Labour Federation and the representative of the employer.
Occupational disease must be thoughtful treatment, periodic health examination, have separate health records.
Article 107.
1-the disabled by accidents, occupational diseases are medical examiners to rated injury, determine the extent of deterioration and labour is labour rehabilitation; If still continue working, then arranged the work fit with health according to the conclusions of the Board of medical examiners.
2-The employer must bear the full medical costs from the first aid, emergency treatment until finished for the labor accident or occupational disease. Workers are entitled to social insurance mode of labor accidents, occupational disease. If the business has not participated in this kind of compulsory social insurance, then the employer must pay the worker a sum on par with the level set forth in the Charter of social insurance.
3-The employer has the responsibility to compensate at least 30 months for workers decreased the ability of labor from 81% or more or for relatives who died of accidents, occupational diseases which are not the fault of the workers. Case the fault of the workers, was also a money allowance at least 12 months.
Article 108.
All the labor accidents, cases of occupational disease must be reported, investigated, setting the minutes, statistics and periodic reports under the provisions of the law.
Prohibits any acts of disguise, declare or falsely report the truth about workers ' compensation, occupational diseases.
Chapter X of the REGULATIONS PARTICULARLY for WOMEN WORKERS Article 109.
1-the State guarantees the right to work of women equality with men in all aspects, policies to encourage the employers to create conditions for female workers have regular jobs, widely applied in working mode according to flexible timetable, work full-time , not the full week, delivered the jobs at home.
2-State policy and measures to gradually expand employment, 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.
Article 110.
1-The State authorities have a responsibility to expand the many types of training for women workers to outside the profession are making women workers also have more backup profession and to the use of female labour is easy, consistent with the characteristics of the body, and motherhood for women.
2-State preferential policies, considering tax breaks for businesses to use more female workers.
Article 111.
1-prohibits the employer acts of discrimination against women, insult of honour and dignity of women.
The employer must implement the principle of equality of men and women on the recruitment, use, raising the wage level and pay the labor.
2-The employer must prioritize getting women into work when that person enough selection criteria do the job fit both men and women that businesses are needed.

3-The employer was 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 of termination of business activities.
Article 112. Pregnant women workers have the right to unilaterally terminate the employment contract without compensation according to the provisions of article 41 of this law, if there are paper certified physician's continued work will negatively affect the fetus. In this case, the deadline by which the worker must inform the employer, depending on the time limit specified by the physician.
Article 113.
1-The employer must not use women workers do the heavy work, dangerous or toxic substances exposure negatively to childbearing and parenting functions, according to the catalog by the Ministry of labor, invalids and Social Affairs and the Ministry of Health issued.
Any business is using female laborers do the aforementioned work must have plans for vocational training, the gradual transfer of female workers to work more in line, strengthen the health protection measures, improvement of labor conditions or reduced working time.
2-labor users not use the female workers of any age would often work under mines or dip under water.
Article 114.
1-off women workers before and after childbirth, from four to six months due to government regulations, according to labor conditions, the heavy-duty nature, toxic and remote place. If the twins over, from the second child onwards, for every child, the mother is resting more on 30. The rights of women workers during maternity leave is regulated in article 141 and 144 of this law.
2-time maternity leave stipulated in paragraph 1 of this article, if there is demand, female workers can add a non-paid time under the agreement with the employer. Women workers can go to work before the time runs out, if maternity has at least two months after birth and have certified physician's paper the early return to work is not harmful to health and to advise the employers know first. In this case, women workers continue to be entitled to maternity allowance, in addition to the salary of the days work.
Article 115.
1-The employer must not use pregnant women workers from the seventh month or are raising children under 12 months of age to do overtime, night work and travel far.
2-female workers do the heavy work, when pregnant, to Saturday, was moved to do light work or be reduced to a daily work hours that still enjoy enough wages.
3-female workers during menstruation are rested every day 30 minutes; in time raising children under 12 months of age, was rested for 60 minutes each day during the time worked, which still enjoy enough wages.
Article 116.
1-Where are the female employer, must have room dressing, bathroom and toilet.
2-in the where used more female workers, the employers have a responsibility to help organize a nursery, kindergarten or partial support costs for women who have children in kindergarten, child ages.
Article 117.
1-during the holiday to visit thai, to implement family planning measure or due to miscarriage; to take care of children under seven years old, ailing infants for adoption, women workers are entitled to social insurance or assistance are employers who pay a sum of money equal to the level of social insurance allowances. Vacation time and pension regime mentioned in clause due to government regulations. The case of the others instead take care of his ailing mother, the mother who still enjoy social insurance subsidies.
2-time maternity leave according to the mode and both in the case allowed more paid no break, when back to work, female workers still are guaranteed to work.
Article 118.
1-businesses use more female workers are assigned to people in the Enterprise Manager on duty monitoring the issue of female labour; When deciding on the issues related to the rights and interests of women and children, must consult the representatives of women workers.
2-in the number of labour inspectors must have the proper ratio of female inspectors.
Chapter XI the SEPARATE PROVISIONS for JUVENILE WORKERS and SOME OTHER LABOR Items TYPE 1 JUVENILE LABOR Article 119.
1-juvenile workers are workers under the age of 18. Where the use of juvenile workers must set up as private, full name, date of birth, job, resulting in the periodic health examination and the labour inspectors upon request.
2-prohibition of labor abuse minors.
Article 120.
Prohibit receive children enough 15 years to work, except for a number of occupations and jobs due to the Ministry of labor, invalids and social regulations.
For careers and work are getting children enough 15 years to work, vocational, trades the pick and use these children must have the consent and tracking of parents or tutors.
Article 121.
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.
Prohibits the use of juvenile workers do the heavy work, dangerous or toxic substances exposure according to category by the Ministry of labor, invalids and Social Affairs and the Ministry of Health issued.
Article 122.
1-time work of juvenile workers are not too seven hours a day or 42 hours a week.
2-labor users only used juvenile workers overtime, night work in certain occupations and jobs due to the Ministry of labor, invalids and social regulations.
Section 2 WORKERS are ELDERLY Article 123.
Elderly workers are male workers over 60 years, women on the 55 years.
The last year before retirement, elderly workers are shortening daily working time or apply mode not work full-time, not the full week as stipulated by the Government.
Article 124.
1-If there is demand, the employer may agree with elderly workers extending the time limit of the contract or the new labor contracts as defined in chapter IV of this law.
2-When retired, if the work under the new labor contract, then in addition to benefits under retirement mode, elderly workers still enjoy the rights agreed under the employment contract.
3-The employer is responsible for the health care workers, not use elderly workers do the heavy work, dangerous or toxic substances exposure have negatively affect the health of the elderly.
Category 3 is the DISABLED WORKERS Article 125.
1-State protection of the right to work of disabled people and encourage the acquisition, job creation for disabled people. Every year, the State set aside a budget clause to help disabled people recover, rehabilitation workers, apprenticeship and have a policy for low interest loans to disabled people themselves to create jobs and stable lives.
2-The place of acquisition of disabled people on apprenticeship is considering tax breaks, low-interest loans and other incentives to facilitate the disabled apprenticeship.

3-Government regulation of labor rate is disabled for a number of occupations and jobs that business must receive; If not received, the business must contribute a sum of money under the Government's regulations on employment fund to contribute to job creation for disabled people. Any business getting disabled people into work beyond the prescribed rate shall be State aid or low-interest loans to create suitable working conditions for workers are disabled people.
4-time work of disabled persons not so seven hours a day or 42 hours a week.
Article 126.
Vocational and business establishments reserved for disabled people are helping the original facilities of the factory, school, class, equipment, devices and are tax free, are low-interest loans.
Article 127.
1-the place of vocational training for disabled persons or employers as disabled persons must comply with the regulations on labor conditions, labor, labor safety, labor hygiene consistent and regular health of disabled workers.
2-prohibits the use of disabled persons has decreased the ability of labor from 51% or more overtime, night work.
3-The employer not be employers is the disabled do the slog, danger or exposure to toxic substances by category by the Ministry of labor, invalids and Social Affairs and the Ministry of Health issued.
Article 128. Workers are wounded, ill, in addition to the benefits provided for in the articles in this Category, while enjoying the State's incentive mode for the wounded, the sick soldiers.
Item 4 SPECIALIZED QUALIFIED LABOUR, HIGHLY TECHNICAL Article 129.
1-qualified workers, high technical expertise has the right to work or and cum on the basis of the concluding labor contracts with employers, with conditions ensuring full implementation of the labor contract has been committed and must inform the employer know.
2-workers have professional level techniques are protected on copyright under the provisions of the law when there are useful solutions and inventions, inventors. Case studies by business investment grants are divided into economic performance under the contract concluded on the subject of research.
3-the employee has qualified, technically has the right long-term non-paid vacation or enjoy a portion of salary to study science or to study advanced level that remained working place, in agreement with the employers.
4-the employee has qualified, highly technical precedence apply prescribed in clause 1 and clause 2 Article 124 of the code.
5-If the disclosure of the secret technology, the business of his place of work, then in addition to being disciplined as defined in Article 85 of this law, workers have professional level techniques also have to compensation under the provisions of article 89 and 90 of this law.
Article 130.
1-The employer has the right to labor contracts with any person who has professional, technical, including the officials in the work that the regulation is not prohibited.
2-the employee has qualified, highly technical state and employer incentives, create conditions conducive to proactive talent benefit of enterprises and beneficial for the country. The incentives for workers to have the professionalism, high technology is not considered discrimination in the use of labour.
3-State incentive and have a special policy for qualified workers with expertise in high technology, to work in the high frontier, Islands, and these regions are more difficult.
5 entries for LABOR organizations, FOREIGN INDIVIDUALS in VIETNAM, FOREIGNERS in Vietnam, LABOR foreign LABOR Article 131. Vietnam citizens working in enterprises established under the law on foreign investment in Vietnam, in export processing zones, within the Agency, foreign or international organizations in Vietnam, or work for the individual is the foreigner in Vietnam and foreign workers in Vietnam are subject to labour law and the labour law, Vietnam Vietnam protect.
Article 132.
1-businesses, agencies, organizations and individuals to the provisions of article 131 of this Act wish to recruit workers was the Vietnam right through the employment service organizations specified in article 18 of this law. If the employment services organization introduced labor recruitment or does not meet the requirements, then the businesses, organizations and individuals have the right to directly recruit and must report to the provincial labour or other competent bodies.
For jobs requiring high technical or management jobs that the Vietnam do not meet, business, organization and individual are recruiting foreigners for a certain period but must have the plans, the training program to the Vietnam may soon be doing that job and replace them.
2-minimum wage for employees who work in Vietnam of the cases specified in article 131 of this Act, the decision by the Government and announced after the opinions Of Vietnam Labour Federation and the representative of the employer.
3-time to work, time to rest, occupational safety, hygiene and labour, social insurance, the resolution of labor disputes in enterprises, organizations and other cases specified in article 131 of this Act, be made according to the regulations of the Government of Vietnam.
Article 133.
1-foreigners working regularly for businesses, organizations, individuals, or Vietnam for enterprises foreign investment in Vietnam must have a work permit by the Ministry of labor, invalids and Social Affairs Vietnam.
2-alien workers in Vietnam are entitled to the rights and fulfill the obligations according to the law of Vietnam, except in the case of international treaties to which the Socialist Republic of Vietnam signed or otherwise.
Article 134.
1-Vietnam citizens employees are allowed to work abroad under labor contracts that the person subject to the Organization's executives, foreign individuals, they must comply with the provisions of labour law in the country; If the agreement on labour cooperation was signed between the Government of Vietnam with the country, the Government must abide by the provisions of the labor law and the Treaty country.
2-for Vietnam citizens employees are allowed to work abroad in the form of contracting, Vietnam business by securities and pay wages, shall apply the provisions of this law, except in the case of international treaties to which the Socialist Republic of Vietnam signed or otherwise.
Article 135.
1-laborers working abroad have the right to know their rights and obligations, are the competent authorities of Vietnam in terms of protection of foreign consulates and justice, was the right move in foreign currency income and personal property on the water, enjoy social insurance mode and policy other modes, according to Vietnam's laws and regulations of the country.
2-laborers working abroad are obliged to contribute a portion of the salary for social insurance fund.
Item 6 OTHER WORKERS SOME KIND

Article 136. American or exceptional work in the field of art was to apply some consistent mode of vocational school and years of retirement age; 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 137.
1-employees can deal with the employers to get to work on making regularly at home that still enjoy benefits such as resource people working at the enterprise.
2-employees working at home in the form of work is not in the scope of this law.
Article 138. In the place of use below 10 workers, the employer must still ensure the basic rights of workers under the provisions of this law, but are reduced, exempt a number of criteria and the procedure specified by the Government.
Article 139.
1-Who are hired to help the families can labor contracts orally or in writing; If being hired to look after the property is concluded in writing.
2-The employer must respect the honor, the dignity of the family, have a responsibility to take care of when people help the suffering sickness, accident.
3-salaries, working hours, rest time and the subsidies due to the two parties to the agreement when concluding labor contracts. The employer must grant the money train cars on the road when the retrenchment of family residence, except in the case of the arbitrarily retrenchment before expiry of employment contracts.
Chapter XII the SOCIAL INSURANCE Article 140.
1-State policies on social insurance that aims to gradually expand and enhance the assurance of material, contributing to the stability of life for workers and their families in the case of workers maternity, sickness, old age, death, accidents, occupational disease , job loss, risk or other difficulties.
2-The type of compulsory social insurance or voluntarily applied for each type of object and each type of business to ensure workers are entitled to social insurance regimes.
Article 141.
1-the type of compulsory social insurance are applicable to the business using from 10 employees upwards. In this business, the employers, the workers must pay social insurance as defined in article 149 of this code and the workers are entitled to the pension regime social insurance sickness, accidents, occupational diseases, maternity, retirement and productivity.
2-employees working in areas where use of under 10 workers, or make the job less than three months, according to the crop, or do jobs other temporary in nature, then the social insurance is calculated on the salary paid by the employer to the employee involved social insurance according to the type of voluntary or fend for the insurance.
Article 142.
1-When sick workers are patient and treatment at medical institutions under the health insurance regime.
2-ailing workers have certificate of physician job to heal at home or hospital treatment, the sickness allowance was due to the social insurance fund.
Sickness allowance depends of conditions of work, the level and duration of social insurance were due to government regulations.
Article 143.
1-during the time the employee to treat because workers ' compensation or occupational disease, the employer must pay the full wages and costs for employees as defined in paragraph 2 of this Law 107.
After treatment, depending on the level of deterioration due to labor accidents, occupational disease, workers are assessed and rated for disability allowance once or monthly by social insurance fund paid.
2-during the time worked, if workers die due to accidents, occupational disease, the relatives received death dog mode according to the provisions of article 146 of this law and social insurance pension fund once in 24 months minimum wages as prescribed by the Government.
Article 144.
1-during maternity leave under the provisions of article 114 of this law, female workers have social insurance social insurance subsidized by 100% of the salary and allowance more a month in wages, for the case of the first born child, Monday.
2-other modes of female workers to be applied according to the provisions of article 117 of the code.
Article 145.
1-employees are entitled to a monthly retirement mode when eligible on the life and times of social insurance premiums were as follows: a) Male female 55, 60 years old enough age. Years of his life enjoying retirement regimes who do heavy work or work in harmful, the high frontier, Islands, and some other special cases due to government regulations;
b social insurance premiums) have 20 years or more.
2 – where the workers do not qualify the provisions in clause 1 of this article, but if one of the following conditions shall also be entitled to a monthly retirement mode with lower level: a) the eligible employees of life defined in art. 1 of this that not enough social insurance premiums for 20 years but at least had enough 15 years of close security social insurance;
b) employees have social insurance premiums by 20 years or more have yet to qualify on life but at least have enough age 50 for men, 45 years for women that suffer from deterioration of labor from 61%;
c) employees doing the work is particularly heavy, toxic according to the regulations of the Government, social insurance is closed from 20 years older that impaired the ability of labor from 61% or over.
3-employees not eligible for monthly retirement mode as specified in clause 1 and clause 2 of this article, shall be entitled to the subsidy.
4-the level entitled monthly retirement mode and once the provisions in clause 1, item 2 and 3 of this article, depending on the level and duration of social insurance were due to government regulations.
Article 146.
1-employees are working, the person entitled to the pension regime, the monthly allowance of lost labor, labor accidents, occupational disease, when death care funeral received money buried by government regulations.
2-worker labor accident, occupational disease, who have social insurance 15 years or more, the person entitled to a monthly retirement mode, mode support, workers ' compensation or occupational disease every month, when die if there's not enough children at age 15, his wife (or husband), the parent is out of working age that once that person has directly foster , then the relatives are entitled to a monthly productivity mode. The case of the dead have no relatives eligible monthly productivity mode or not enough social insurance premiums for 15 years, then the family enjoy dog mode one time but not more than 12 months of salary or pension are entitled.
3-who enjoy retirement mode, mode d. labor subsidy, subsidy regime class, workers ' compensation or occupational disease 2 class 1 class 2 class, before the enactment of this law, it shall make the electronic dog mode as specified in this article.
Article 147.
1-the working time of workers in State enterprises before the law to take effect, if not yet receive retrenchment or grants a social insurance fund once charged, shall be counted as time has social insurance premiums.

2-benefits of those who are entitled to pension regime, the monthly allowance of lost labor, labor accidents, occupational diseases and productivity before the day this Act is still in effect State budget continue to ensure and be adapted to the current social insurance.
Article 148. The business of agriculture, forestry, fisheries, responsible industry participant matches the type of social insurance, in accordance with the characteristics of production and employers in each sector according to the social insurance regulations.
Article 149.
1-Social Insurance Fund is formed from the following sources: a) the employers played in 15% of salary Fund;
b) workers close by 5% of the salary;
c the closed state) and additional support to ensure the implementation of the social insurance for workers;
d) other sources.
2-Social Insurance Fund is managed by the State's financial regime, the independent accounting and State protection. Social insurance fund be made of measures to preserve the value and growth under the Government's regulations.
Article 150. The Government issued the Charter of social insurance, the establishment of the system of social insurance organizations, issued the regulations on the Organization, operation of Social Insurance Fund, with the participation of the Vietnam General Confederation of labor.
Article 151.
1-insured workers received social insurance subsidies full social, convenient and on time.
2-in the event of disputes between workers and employers about social insurance shall resolve according to the provisions in Chapter XIV of the code. If the dispute occurs with the social insurance agency, the dispute is resolved in accordance with the regulations on the Organization, operation of social insurance fund.
Article 152. The State encourages workers, unions, employers and other social organizations to set up mutual funds.
Chapter XIII-UNION Article 153.
1-in the business activities are not yet organized the Union shall at the latest after six months from the date of the Labour Laws in force and in the establishment of new businesses, the latest after six months from the date of starting business activities, the provincial Labor Union is established the provisional trade union organizations in the enterprise to represent , protect the rights and interests of workers and the labor collective.
2-operation of the provisional trade union organizations by the Government in collaboration with the Vietnam General Confederation of labor regulations.
Article 154.
1-when the Union was founded in accordance with public law group, chartered the Union employers to admit to that organization.
2-The employer must collaborate closely and create favorable conditions for unions operating under the provisions of The labor law and the law of the Union.
3-The employers not discriminate for reasons established workers, joining, Union activity or using economic measures and other tricks to intervene on the Organization and functioning of the Union.
Article 155.
1-The employer is responsible for ensuring the necessary means to Union activities.
2-employees-Union jobs not dedicated to be used some time during working hours to do the work of the Union and the employer to pay the wages. This time the number depending on the scale of the business and according to the agreement of the employer and the Trade Union Committee of the base, but at least not less than three working days in a month.
3-Who do the work of dedicated Union paid Union Fund, enjoy the benefits and collective welfare as people labour in the business, according to business regulation or collective agreement.
4-When the employer decided to dismiss, unilaterally terminated the employment contract with a person who is a fellow Union Executive Board basis, they must have the agreement of the Executive Committee of the Union; If the Chairman of the Executive Board of the Union, the base must have the agreement of trade union organizations level on directly.
Article 156. Vietnam General Confederation of labor Trade Union, the level of participation with State agencies and representatives of the employers to discuss, resolve the problem of labor relations; have the right to establish the Organization of employment services, vocational training, legal advice, and the general welfare of its employees and other rights as provided by the law of the Union and of this law.
Chapter XIV the LABOR DISPUTE RESOLUTION Article 157.
1-the labor dispute is the dispute about rights and benefits related to employment, wages, earnings and other labour conditions, on the implementation of the labor contract, collective agreement and in the process of apprenticeship.
2-labor disputes including personal labor disputes between workers with employers and collective disputes between the labour collective with the employers.
Article 158.
Labor disputes are resolved according to the following guidelines: 1-direct negotiation and mediation between the two parties in dispute where the dispute arises;
2-through conciliation, arbitration on the basis of respect for the rights and interests of both sides, respecting the general interests of the society and to obey the law;
3-resolve public, objective, timely, quick, proper law;
4-with the participation of representatives of the Union and the employer representative in the dispute resolution process.
Article 159. The resolution of the labor dispute at the agencies, organized labour disputes are conducted when one side refuses to negotiate or that the two sides have negotiated that still does not resolve and one or two parties petition to resolve labor disputes.
Article 160.
1-in the process of resolving the labor dispute the parties to the dispute have the right to: a) either directly or through his representative to participate in the dispute resolution process;
b) withdraw or change the content dispute;
c) ask instead who directly conduct dispute resolution, if there is good reason for that person that cannot guarantee the objectivity, fairness in the resolution of disputes.
2-in the process of resolving the labor dispute, the parties to the dispute are obliged: a) provides full documentation, evidence at the request of the Agency, held in labor disputes;
b) strictly observance of the agreements already reached, the conciliation proceedings, the decision has the effect of Agency, organized labor dispute resolution, decision or judgment has the effect of people's courts.
Article 161. Agencies, organized labour disputes within the scope of the task, their powers have the right to ask the parties to labour disputes, the agencies, organizations, individuals provided relevant documents and evidence; referendum, invite witnesses and people involved in the process of resolving labor disputes.
1. The AUTHORITY and PROCEDURES for RESOLVING INDIVIDUAL LABOR DISPUTES Article 162.
The Agency, the competent organization to solve individual labor disputes are: 1-Council conciliation labor base or mediators of labor the labor agencies, districts, towns and cities in the province (hereinafter referred to as district level) for those where there is no labor settlement Council;
2-the people's courts.
Article 163.
1-Council conciliation labor base was established in the business use from 10 workers or more, consisting of equal representatives of parties and party workers who employers. The number of members of the Council by the two parties to the agreement.

2-the term of labor conciliation Council facility is two years. Representatives of each party alternately as Chairman and Secretary of the Council. The Council of labor reconciliation basis to work under the principle of agreement and agreed.
3-The employer ensures the necessary conditions for the activities of the Council of the labor settlement basis.
Article 164.
The order and reconcile individual labor disputes are defined as follows: 1-Council conciliation base workers reconcile the latest within seven days from the date of the petition for reconciliation. At the session, to present the two sides dispute or their authorized representative.
2-labor Reconciliation Council basis make conciliation the parties to consider. If the two sides accepted the reconciliation approach created a reconciliation, signed by the two parties to the dispute, by the Chairman and Secretary of the Labor Council for reconciliation. The two parties have the obligation to accept the agreements recorded in the minutes of settlement.
3-in the case of conciliation fails, then the labor conciliation Council established a basis of conciliation fails, record the opinions of the two parties to the dispute and of the Board, signed by the two parties to the dispute, by the Chairman and Secretary of the Council. A copy of the minutes shall be sent to the two parties to the dispute within three days from the day of reconciliation fail. Each of the parties to the dispute have the right to request a district-level people's court hearing the dispute. Record people's courts must be accompanied by a reconciliation failed.
Article 165.
1-labour mediators conduct the reconciliation according to the order prescribed in article 164 of this Act with respect to the individual labor disputes in enterprises that use less than 10 workers, the dispute between the families with the employers, the dispute about the implementation of the contract and charge vocational apprenticeship.
2-labor mediators must conduct the slow reconciliation for seven days from the date of the petition for reconciliation.
Article 166.
1-level people's courts to resolve the labor dispute that personal Reconciliation Council labor base or mediators of labor conciliation fails, when the petition of one or both parties to the dispute.
2-The labour dispute following individuals can claim the district level people's courts to resolve, not necessarily through reconciliation at the grassroots: a) disciplinary disputes on labor in the form of layoffs, or about the case of unilateral termination of labor contract;
b) dispute about compensation to the employer.
3-employees are exempt from court fees in litigation activities to claim wages, social insurance, compensation of labor accidents, occupational diseases, to address the issue of compensation or damages for dismissal, termination of the employment contract is unlawful.
Article 167.
Time required to solve the labor dispute personally, since each party in dispute for that right, his interests are violated shall be as follows: 1-a year for labor disputes prescribed in clause 2 Article 166 of this Act;
2-Six months for other labor disputes.
Section 2 JURISDICTION and PROCEDURES for SETTLING COLLECTIVE LABOUR DISPUTES Article 168.
The Agency, the competent organization to resolve collective labour disputes are: 1-Council conciliation labor base or mediators of labor labor agencies at district level where there is no labor settlement Council;
2-the labour arbitration Council;
3-people's Court.
Article 169.
1-Council conciliation of labour basis prescribed in article 163 of the code has the authority both to reconcile the collective labour dispute.
2-the Council of provincial labour arbitration include the dedicated members and a representative of the labor Agency, representatives of trade unions, representatives of those employers and some lawyers, managers, social activists in local. The labour arbitration board section provincial be formed according to the travelers, the maximum not exceeding nine, labor agency representative-provincial President.
The term of the labour arbitration board is three years.
The labour arbitration board decision according to the principle of majority, by secret ballot.
Provincial labour authorities ensure the conditions necessary for the operation of the labour arbitration board.
Article 170.
The sequence of conciliation of collective labour disputes are regulated as follows: 1-Council conciliation basis labor labor mediators or reconcile the latest within seven days from the date of the petition for reconciliation. At the session, to present the two sides dispute or their authorized representative.
2-Council conciliation basis labor labor mediators or make conciliation the parties to consider. If the two sides accepted the reconciliation approach created a reconciliation, signed by the two parties to the dispute, by the Chairman and the Secretary of the Council of the labor settlement basis or of labour mediators. The two parties have the obligation to accept the agreements recorded in the minutes of settlement.
3-in the case of conciliation fails, then the labor conciliation Council base or mediators of labor established a conciliation fails, record the opinions of the two parties to the dispute and of the Council or of the mediators of labor, signed by the two parties to the dispute, by the Chairman and Secretary of the Council or of the mediators of labor; each party or both parties to the dispute have the right to request the labour arbitration Council issued the resolution.
Article 171.
1-the labour arbitration Council to reconcile and resolve collective labor dispute at the latest 10 days from receipt of the request.
At the meeting to resolve collective labour disputes, must be the authorized representatives of the two parties to the dispute. Where necessary, the labour arbitration Council invited Union representatives level on the basis of the Union and representatives of relevant State agencies attended the session.
2-the labour arbitration Council make reconciliation for the two sides to consider. In case the two sides agreed on the establishment of the reconciliation proceedings, signed by the two parties to the dispute, the Arbitration Board Chairman of labor. The two parties have the obligation to accept the agreements recorded in the minutes of settlement.
3-in the case of conciliation fails, then the labour arbitration board to resolve the dispute and immediately notify their decision to the two parties to the dispute; If the two sides do not have opinions, the decision naturally has the effect.
Article 172.
1-in the case of the labour collective does not agree with the decision of the labour arbitration board, shall have the right to request the people's Court to settle or strike.
2-in case the employer does not agree with the decision of the labour arbitration board, shall have the right to request the Court to review again the decision of the Arbitration Board. The employer asked the civil courts review decisions of the Board of referees did not hinder the right to strike of workers collective.
Article 173.
1-while labour reconciliation Council, the labour arbitration Council progress resolving the labor dispute, then neither party act unilaterally against the other party.
2-The strike by the Union Executive Board decision basis after half the labor collective was approved by secret ballot or retrieved signature.

The Executive Committee of a trade union representative election basis, at most three, to grant a request for the employer, at the same time send a copy of the notice to the provincial labour authority, a copy of the notice to the provincial labour federations. In a request and a notification, must clearly state the problem, the content required to resolve the voting results, or obtain approval signature strike and the beginning of the strike.
3-prohibited acts of violence, harm your behaviour, the equipment, the assets of the business, the order, infringement of public safety during the strike.
Article 174.
Not on strike in some public service enterprise and essential business for the economy or national security, according to the Defense portfolio because of government regulations.
The State Agency must periodically organized to hear the opinion of the representative labour and employers in this business to timely help and address the legitimate requests of the labour collective. In the case of collective labour disputes, the labour arbitration Council issued the resolution. If either party disagrees with the decision of the labour arbitration board, shall have the right to request the courts to resolve.
Article 175. In the event it deems strikes a serious risk for the national economy or public safety, the Prime Minister has the power to postpone or stop the strike.
Article 176.
1-The following strikes are illegal: a) does not arise from the collective labor disputes; beyond the scope of labour relations;
b) beyond the scope of the business;
c) violated the provisions in clause 1, item 2 Article 173 and article 174 of the code.
2-the strike legal or illegal in the jurisdiction of civil courts.
Article 177. The people's courts have the right to the final decision on the strike and collective labor disputes.
Article 178.
1-prohibits any acts of retaliation, revenge the strike or the strike leaders.
2-Who hinder the implementation of the right to strike or to force others to strike, whose illegal behavior while on strike, who did not enforce the decision of the Prime Minister, the decision of the courts, depending on the extent of violations, to compensation, administrative sanctions or be arrested save for criminal liability.
Article 179. The resolution of the strike and labor lawsuits by the national committees regulations.
Chapter XV the GOVERNANCE of LABOR Article 180.
State labor management includes the following principal contents: 1-Grasp of supply and demand and labor supply and demand fluctuations as a basis to decide national policy, planning, human resources planning, distribution and use of labor the whole society;
2-issued and guiding the implementation of the labor law;
3-build and organize the implementation of national programmes on employment, immigrants built the new economic zone, putting people to work abroad;
4-decide the policy on wages, social insurance, labour safety, sanitation workers and other policies on labour and society; on the construction of labor relationship in enterprises;
5-organization and conduct scientific research on labour, statistics, information on labor and the labor market, in terms of standard of living, the income of workers;
6-Inspector, checking the enforcement of labor laws and handle breach of labour law, labour disputes settlement under the provisions of this law;
7-expanding international cooperation with foreign countries and international organizations in the field of labor.
Article 181.
1-unity government labour governance within the country.
The Ministry of labor, invalids and Social Affairs implemented state of labor management for departments and localities throughout the country.
2-the people's Committee of the level of implementation of State management of labour in the local scope. Local labor agencies help people's committees at the same level the governance of labour under the decentralization of the Ministry of labor, invalids and Social Affairs.
3-the Vietnam General Confederation of labor and Trade Union levels to participate in State management oversight of labor under the provisions of the law.
4-the State creates conditions for the employers who are involved with State agencies on issues of management and employers.
Article 182.
Within a period of 30 days from the date of starting business activity, the employer must submit the employer and during operation to report the situation changed about workers with local workers according to the regulations of the Ministry of labor, invalids and Social Affairs. Within a period of 30 days from the date of cessation of business activity, the employer must report to the local labor authorities about the termination of the employer.
Where used from 10 workers or more, the employer must establish labor book, the shared wages, social insurance book.
Article 183. Employees are granted the labour book, shared social insurance and salary in accordance with the law.
Article 184.
1-putting Vietnam citizens working overseas must have a permit of the Ministry of labor, invalids and Social Affairs and the competent State agencies as prescribed by law.
Prohibiting the bringing of people abroad to work against the law.
2-Ministry of labour, invalids and Social Affairs issued work permits for foreigners in Vietnam to work for businesses, organizations, individuals, or Vietnam for enterprises of foreign investment in Vietnam defined in Article 133 of this law under the petition of the litigant and of the business organizations and individuals have asked employers.
Chapter XVI INSPECTION of LABOR, STATE SANCTION VIOLATE LABOR LAW section 1 STATE LABOR INSPECTORS Article 185 state labor inspectors includes labour inspection, occupational safety inspector and Inspector of the labor hygiene.
The Ministry of labor, invalids and Social Affairs and local labour agencies perform labor inspectors and safety inspectors. The Ministry of health and local health agencies perform labor hygiene and inspection.
Article 186 of the State labour inspector has the following major tasks: 1-inspection of the observance of regulations on labor, labor safety and hygiene labour;
2-labor accident investigation and the violation of labour standards;
3-consideration and approval of the labor safety standards, safety solutions in the technical-economic justification, the project design; sign up and lets put to use these machines, equipment, materials, strict requirements on occupational safety in the category due to the Ministry of labor, invalids and social regulations;
4-participate in considering the approved location, labor hygiene solutions when building new or expanding, renovating the facility to manufacture, use, storage, keeping and storing radioactive substances, toxic chemicals in the category specified by the Ministry of health;
5-solve the complaints, accusations of workers about labor law violations;
6-decide to handle the labor law violations under its jurisdiction and petition the competent authority processing the violation under the jurisdiction of the agencies that handle.
Article 187.
When conducting inspections, labour inspectors have the right to: 1-detective, investigating the places subject to inspection, the range was delivered at any time without prior notice;
2-ask the employers and other relevant people provided the situation and documents relating to the inspection, investigation;
3-receive and resolve complaints, accusations about violating labor law under the provisions of the law;

4-the decision to temporarily suspend the use of the machine, equipment, risks causing workplace accidents, which cause serious environmental pollution and labor responsible for that decision, and to report immediately to the competent State authorities.
Article 188. Labour inspectors must be no personal benefits involved directly or indirectly with the object in the scope of the inspection. Labour inspectors, including when the retrenchment, not revealing the secrets learned while on duty and must keep all accusations.
Article 189. When conducting inspections, labour inspectors must collaborate closely with the Executive Committee of the Union. If the incident is related to the fields of science, engineering, business, professional, labour inspectors may invite experts, skilled technicians in the field relevant to do counseling; When examined, the equipment, warehouse, must be the employer and the person directly in charge of the machine, equipment, warehouse.
Article 190.
Labour inspectors directly delivered the decision for litigants, in the decision must specify the day decided to start on to effect the implementation is complete, if need be recorded both on welfare.
The decision of the labour inspectors in effect compel enforcement.
The recipient of the decision have the right to complain to the competent State agencies, but still must strictly obey the decision of the labour inspectors.
Article 191.
1-Government regulation of organization and activity of State Labor inspectors.
2-Ministry of labour, invalids and Social Affairs and the Ministry of health is responsible for establishing the system of organization of State Labor inspectors in the authority and its functions; standard rules of selection, appointment, transfer, dismissal, resignation inspectors; Inspector membership card; prescribed periodic report mode, irregular and the mode, other necessary procedures.
3-The inspection of occupational safety, hygiene and labour inspectors in the field: radiation, exploration, oil and gas extraction, the means of transport, railways, roads, waterways and other units of the armed forces due to that sector management agencies implemented with the collaboration of the State labour inspection.
Section 2 SANCTIONS VIOLATE LABOR LAW Article 192. People would be violations of the provisions of this law, then customize the level of violation that sanctioned by the form of warning, a fine, suspension or revocation of the licenses, forced to compensate, forced the closure of business or suffered prejudice criminal liability under the law.
Article 193. Who would have the behavior thwarted, bribed, revenge on the person who has authority under this Act while they were on duty, then customize the level of offense that was disciplined, the administrative sanction or prejudice criminal liability under the law.
Article 194. The business owner should bear civil liability for the decisions of the State bodies are competent to sanction a Director, Manager or legal representative for enterprises for labor law violations in the process of labor management operating under the provisions of the law. Responsible for reimbursement of these people for business to be handled according to the regulations, the Charter's business, the contract of responsibility between the parties has signed or under the provisions of the law.
Article 195. The Government regulates the administrative sanctions for violations of the labor law.
Chapter XVII the TERMS ENFORCED Article 196. The provisions of this law are applicable to the employment contract, collective agreement and other legal agreements have been committed before the law takes effect. These deals are more beneficial for the employee than the provisions of this law was enforced. These deals do not conform with the provisions of the law must be amended and supplemented.
Article 197.
This code is effective as from January 1, 1995.
The previous provisions contrary to this law are abrogated.
Article 198.
The Standing Committee of the National Assembly, the Government detailing and guiding the implementation of this law.
This law was the National Assembly of the Socialist Republic of Vietnam tags IX, 5 session through June 23, 1994.