Law 35/2002/qh10: Modifying, Supplementing Some Articles Of The Labor Code

Original Language Title: Luật 35/2002/QH10: Sửa đổi, bổ sung một số điều của Bộ luật Lao động

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The LAWS of the CONGRESS of the Sửađổi, the addition of some articles of the labour code pursuant to the Constitution of the country hòaxã Vietnam Association 1992 was amended and supplemented by resolution số51/2001/QH10 on 25 December 2001 of the National Assembly session, 10 X key;

This law amends and supplements a sốđiều of the labor law was Congress IX, 5 session key through ngày23 in June 1994.

 

Article 1 amendments, bổsung preface and some articles of the labour code: 1-the last paragraph of the preface was amended and supplemented as follows: "Bộluật labor rights protection work, benefits and other rights of the laođộng, at the same time protecting the legitimate rights and interests of the employers create conditions for labour relations are harmonious and stable, contributing innovative and talented huytrí play of mind workers and labour, of physical labor, ngườiquản aims to achieve productivity, quality and social progress in laođộng, manufacturing, service, efficiency in the use and management of labour the tools, thus contributing to industrialization, modernization of the country because the target population of rich, powerful countries, hộicông Township, democracy, civilization.

2-article 18 be amended and supplemented as follows: "Điều18 1-chứcgiới have the task of employment counseling, job referrals for workers; and the labor supply at the request of the employer; collect, provide information about the labor market and other duties prescribed law củapháp.

Phủquy main terms, procedures for the establishment and operation of the organisation introduced việclàm.

2-chứcgiới job was charge, state tax exemption, reduction and review are the UK vocational regulations in chapter III of this law.

3-Sets Laođộng-invalids and social governance implementation for chứcgiới job ".

3-article 27 be amended and supplemented as follows: "Điều27 1-đồnglao to be committed in one of the following types: a đồnglao not determined) time limit.

Laođộng contract does not specify the time limit is a contract in which two parties does not define the term địnhthời, the time of the termination of the validity of the contract;

b) combines the dynamic đồnglao determine the duration.

The contract defines the term laođộng is a contract in which two parties determine the duration, end thờiđiểm the validity of the contract during the period from February 12, đến36 enough;

c) Combines a seasonal service đồnglao or according to a certain work has time limit under 12tháng.

2-When the labor hợpđồng the provisions in point b and point c of paragraph 1 of this article to expire that ngườilao still continue working then within a period of 30 days from the date of expiration, active đồnglao case the two sides are to sign a new labor contract; If not kếthợp the new labor contract signed, the contract has entrusted the become khôngxác labor contract durations. The case of the two sides signing a new labor contract is a fixed term đồngxác only signed one more time, then if the laođộng continues to work, they must sign labor contracts not địnhthời correct term.

3-do not đượcgiao the labor contract according to the crop or according to a certain job màthời under 12 months to do the work in nature, often from 12tháng upwards, except in cases of temporary replacement workers to go military service làmnghĩa, as maternity or vacation the other tạmthời in nature ".

4-paragraph 3 Article 29 be amended and supplemented as follows: "three-discovered cases In labor contracts have content specified in clause 2Điều, the labor inspection instructions and requires the parties to amend sungcho fit. If the parties cannot modify, Supplement, the labour inspector has the quyềnbuộc remove the content; rights, obligations and interests of the parties are giảiquyết under the provisions of the law ".

5-article 31 be amended and supplemented as follows: "Điều31 in the trườnghợp merger, amalgamation, Division, separation, transfer of business ownership, quyềnquản or the right to use the assets of the business, the next độngkế employers are responsible continue to implement labor contract with ngườilao. In the case of non-use of existing workers, they must have phươngán employers under the provisions of the law.

The laođộng must terminate the labor contract according to the provisions of this Article, be cấpmất support for work under the provisions of paragraph 1 of article 17 of this law ".

6-article 33 be amended and supplemented as follows: "Điều33 1-đồnglao have an effect on the delivery or from two sides by the agreement on hoặctừ workers start work.

2-Trongquá the implementation of the labor contract, if the party would have required changing the internal copper dunghợp they must notify the other party knew of at least three days. The change of nộidung the labor contract is conducted by modifying, supplementing laođộng contract was delivered or the new labor contracts. The case of the two parties reach khôngthỏa modify, supplement or the new labor contracts made thìtiếp the labor contract has committed or terminated in accordance with clause địnhtại of this Act 36 3 things ".

7-article 37 be amended and supplemented as follows: "Điều37 1-laođộng Who work under labor contracts specify the time limit from 12 to 36tháng enough, seasonal employment contract or according to a certain job thờihạn under 12 months have the right to unilaterally terminate the contract before the deadline trongnhững following cases : a đượcbố correct position) doesn't work, place of work or not guaranteed the điềukiện work agreed in the contract;

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

c) Were ngượcđãi; suffer forced labor;

d) A family thânhoặc really difficult circumstances cannot continue to make hợpđồng;

DD) Are bầulàm dedicated mission in elected bodies or be appointed vụtrong the State apparatus;

e) Who laođộng pregnancy must leave as directed by a physician;

g) Who was laođộng sickness, accidents have treated three months for people working determined Labor Council theohợp duration from 12 months to 36 months and enough part tưthời contract for the work under the contract workers vụhoặc in a certain job duration under 12 months that the ability to laođộng has not been recovered.

2-When đơnphương to terminate the labor contract according to the provisions in clause 1 of this article, the laođộng have to let the employers know first: a) For specified cases miners at points a, b, c and g: at least three days;

b) miners For cases specified in point d and point DD; at least 30 days if the case đồngxác parties from 12 to 36 months, enough; at least three days if the case đồngtheo the crop or according to a certain job duration under 12 months;

c) For vớitrường specified in point e: by the time limit specified in article 112 of the luậtnày.

3-Ngườilao the labor contract Act does not define the term reserves phươngchấm the labor contract, but must notify the employers know trướcít for 45 days; workers suffer sickness, accidents have treated six months liềnthì must at least three days in advance ".

8-article 38 be amended and supplemented as follows: "Điều38 1-sửdụng workers Who have the right to unilaterally terminate the employment contract of the trườnghợp: a) the laođộng often do not complete the work under the contract;


b) laođộng People were disciplined layoffs under the provisions of article 85 of this law;

c) laođộng Who follow the labor contract does not determine the duration of illness was treated 12tháng, employees follow the labor contract determines the time limit from 36 months to đủ12, illness was treated six months and workers làmtheo seasonal employment contract or according to a certain job thờihạn under 12 months sick half the time the treatment was the labor contract, the labor khảnăng that have yet to recover. When the worker's health recovered, the đượcxem review to the next labor contract;

d) by thiêntai, fire or other unforeseen reasons prescribed by the Government, that the employers had found any remedy but still narrow, decreasing the production of phảithu forced to work;

DD) Organization, agency, In the termination of the operation.

2-Before unilateral termination of labor contract according to the points a, b and c of paragraph 1 Điềunày, the employer must exchange, agreed with the Executive Committee of đoàncơ. In the absence of unanimity, the two parties must report to the Agency, the UK authorities. After 30 days from the date of notice to the State Management Agency vềlao local action, the new employer has the right to decide the vàphải responsibility for his decisions. The absence of vớiquyết who unanimously employers, Trade Union Committee of the base and the ngườilao have the right to ask to resolve the labor dispute in sequence by the phápluật rules.

3-When đơnphương to terminate the employment contract, except in cases specified in point b of this 1Điều account, the employer must notify the employees know before: a) little nhất45 days for the employment contract does not specify the time limit;

b) less nhất30 on for labor contracts specify the time limit from 12 to 36tháng enough;

c) at least nhấtba days for seasonal employment contract or under a job for địnhcó time limit under 12 months ".

9-article 41 be amended and supplemented as follows: "Điều41 1-In trườnghợp the employers unilaterally terminated the employment contract unlawful luậtthì have to get employees back to work according to the signed contract and phảibồi usually a sum of money corresponding to the salary and salary allowance (if any) of the day laborers are not working plus at least two thángtiền and wage salary allowance (if any).

In trườnghợp the workers did not want to return to work, in addition to funds are provided for in paragraph 1 bồithường this clause, employees also support quyđịnh in article 42 of this law.

In trườnghợp the employers do not want to get workers back to work boys up and labour agree in addition to compensation prescribed in paragraph 1 khoảnnày and allowances prescribed in article 42 of this law, the two sides agreed further compensation vềkhoản for workers to terminate employment contracts.

2-in the trườnghợp workers unilaterally terminate the employment contract unlawful thìkhông be retrenchment and pay compensation for the use nửatháng labor wage and salary allowances (if any).

3-out of trườnghợp workers unilaterally terminate labour contracts shall compensate thườngchi training fees (if any) prescribed by the Government.

4-trườnghợp In unilaterally terminated the employment contract, if violating rules about time limits báotrước, breach of party to indemnify the other party of a corresponding sum of money vớitiền of wage workers in those days didn't notice ".

10-Article 45 paragraph 1 be amended and supplemented as follows: "1-a representative collective bargaining negotiations of the two sides, including: a) tậpthể Labor Party's Trade Union Committee of the Executive Board or base Union lâmthời;

b) Side ngườisử is Director of business or person authorized under article lệtổ enterprises or have the authorization of the Director of the enterprise.

Đạidiện number of negotiated collective agreements of the parties due to the two parties to the agreement ".

11-article 47 is amended and supplemented as follows: "Điều47 1-ướctập Agreement was signed to do four copies, of which: a) A bảndo employers who keep;

b) A bảndo Trade Union Committee of the facility;

c) A Trade Union Executive Committee bảndo the base-level Trade Union sent on.

d) A bảndo employers who send registered in the State Agency of tuberculosis độngtỉnh city, centrally located place of business nghiệpchậm is 10 days from the date of signing.

2-ướctập Agreement may have an effect on the two parties to the agreement stated in the agreement, not party to the agreement, the hợphai School of the agreement in effect since the date of signing ".

the 12-article 48 be amended and supplemented as follows: "Điều48 1-ướctập Agreement may be deemed void when a part or a clause in the agreement number ướctrái with the provisions of the law.

2-a ướcthuộc Agreement in the following cases be deemed void in whole: a full-content bộnội) unlawful agreement;

b) Who kýkết vires agreement;

c) Khôngtiến under the correct sequence.

3-quanquản State Labor Department, central cities have announced collective bargaining quyềntuyên disabled or disable the whole under the địnhtại clause 1 and clause 2 of this Thing. With regard to collective bargaining in the trườnghợp specified in point b and point c of paragraph 2 of this article, if the content has signed cólợi for workers, the State administration of provincial labour phốtrực under central guidance to the parties again for the right specified in the 10-day thờihạn from the date of receiving the Guide; If not do back then was declared bốvô. Rights, obligations and interests of the parties in the agreement be declared bốvô trademarks are resolved in accordance with the law ".

13-paragraph 1 Article 52 be amended and supplemented as follows: "1-in the case of a merger, amalgamation, Division, separation, transfer of business rights management, sởhữu, the right to use the assets of the business, the dụnglao and the Trade Union Committee of the facility based on the độngđể employers approach considering the continued implementation , modify, supplement or exercise thểmới agreement ".

14-article 57 be amended and supplemented as follows: "Điều57 after thamkhảo the opinion of the Vietnam General Confederation of labour and representatives of dụnglao, the Government regulates the principles of elevator construction wages, payroll vàđịnh the level of labor to the construction employers and apply appropriate vớiđiều event production , the business of the enterprise; salary scale rules, Board lươngđối with State enterprises.

When building the dựngthang salary, payroll, labor norms, people use thamkhảo Labor Union Committee comments; salary scale, salary table is đượcđăng register with the State Labor Department, Central thuộctrung city, where the headquarters of the employers and of the public enterprise "khaitrong announced.

15-article 61 is amended and supplemented as follows: "Điều61 1-Ngườilao action overtime are paid according to salary or money lươngcủa unit price work are the following: a) on the ngàythường, at least by 150%;

b) on ngàynghỉ every week, at least by 200%;

c) On ngàylễ, paid holidays, at least by 300%.

If do thêmgiờ at night, be paid more under the provisions of paragraph 2 of this Article.


If ngườilao is substituted for the overtime, the employer is only phảitrả parts the difference compared to the salary calculated according to the price hoặctiền wages salary of the job of the normal working day.

2-Ngườilao works at night the provisions of article 70 of this law, were paid more by at least 30% of the wages calculated according to the unit price of salary or money lươngcủa jobs are done in the daylight ".

16-64 be amended and supplemented as follows: "Điều64 vàokết production base, with annual business of the business and the level of thànhcông completed the work of the employees, the employers reward employees at the độnglàm business.

Thưởngdo regulation for employers who decided after consultation with the Board accept the base group hànhcông ".

17-Article 66 be amended and supplemented as follows: "Điều66 in the trườnghợp merger, amalgamation, Division, separation, transfer of business ownership, quyềnquản or the right to use the assets of the business, the next độngkế employers are responsible to pay the salaries and other benefits for the laođộng from the old switch to business. In case of lost business sảnthì salaries, retrenchment, social insurance and other benefits of ngườilao according to collective bargaining and labor contracts signed is debt trướchết in the order of priority of payment ".

the 18-article 69 is amended and supplemented as follows: "Điều69 The sửdụng of labour and workers can work overtime agreement, but not quábốn hours in a day, 200 hours per year, except in some special cases, more đượclàm not be too 300 hours per year due to government regulations, following the khitham notes the opinion of the Vietnam General Confederation of labor and the representative of the lao sửdụng action ".

the 19-Article 84 paragraph 1 be amended and supplemented as follows: "1-Ngườivi violations of labor discipline, depending on the level of offending, dealt with by a trongnhững of the following form: a) Khiểntrách;

b) Pull dàithời limit raise wages not exceeding six months or to transfer to other work more lươngthấp level within a maximum of six months or resignation;

c) Sathải ".

20-85 are modified and supplemented as follows: "Điều85 1-Hìnhthức disciplinary dismissal only applies in the following cases: a) the laođộng have the theft, embezzlement, revealing the secrets of technology, business, or other cóhành serious damage to property, the interests of business;

b) laođộng People were disciplined due to lift wages, transfer to other work màtái in time has not erased the discipline or be disciplined màtái from his offense;

c) laođộng Who arbitrarily quit five days carried out a month or 20 on incremental trongmột year without good reason.

2-after the waste khisa, the workers employers must inform the governing body about the labor nhànước, central cities know ".

the 21-Article 88 was amended and supplemented as follows: "Điều88 1-bịkhiển Person in charge after three months and people were disciplined due to lift lươnghoặc moved to another job after six months from the date of being processed, if khôngtái violates then of course be clear discipline.

2-Person bịxử disciplined limited raise of salary or transfer to other work the Executive saukhi was half the time limit, if the repair progress, the review by the labour sửdụng remission ".

the 22-clause 2 Article 96 be amended and supplemented as follows: "2-the production, use, storage, transport, machinery, equipment, materials, energy, electricity, chemicals, medicines and plant protection, changing technology, new technology import must be made according to the standards of occupational safety, hygiene and labour. The types of machines, equipment, materials, substances that require nghiêmngặt labour safety, sanitation workers have to be registrations and theoquy control of the Government. "

23-paragraph 3 to article 107 was amended and supplemented as follows: "3-Ngườisử labor is responsible for compensation at least equal to 30, vàphụ wages salary level (if any) for workers decreased the ability of labor from 81% or more or for relatives who died of accidents, occupational disease without an authorization by the fault of the workers. In the case of fault of the thìcũng workers are at least an amount of subsidies also by 12 months of salary and wage phụcấp (if available).

Phủquy main responsibilities of the employer and compensation laođộng accident, occupational diseases for workers decreased the ability of labor from under 5% to 81% ".

24-paragraph 3 Article 111 is amended and supplemented as follows: "3-Ngườisử labor not be fired or unilaterally terminate labour contracts with women workers độngđối by reason of marriage, pregnancy, maternity, child under 12 months of age, except in cases of termination of business activities.

Time in pregnancy, maternity, parenting young under the age of 12, nữđược workers postponed the unilateral termination of labor contract, extending time limits xemxét disciplined labor, except where the business end of unAmerican activities ".

25-article 121 amended and supplemented as follows: "Điều121 labor sửdụng Who only used juvenile workers on the côngviệc line with the health to ensure the development of human resources, locations, physical cáchvà responsible interested health care workers about the juvenile animated mặtlao , wages, health, learning in the process of labor.

Dụngngười banned juvenile workers do the heavy work, dangerous hoặctiếp exposure to toxic substances or work, bad influence tớinhân work their way under the category due to the Ministry of labor, invalids and Social Affairs and the Ministry of Ytế ".

the 26-item 2 Article 129 is amended and supplemented as follows: "2-Ngườilao are entitled to the rights and obligations relating to inventions, utility solutions, industrial designs, industrial property objects khácdo themselves create or created in the course of implementation contract độngtheo the law of industrial property in line with the contract signed ".

27-article 132 is amended and supplemented as follows: "Điều132 1-Cácdoanh foreign-invested enterprises are directly recruit laborers Namhoặc through job referral organization and to notify the list of lao độngđã recruited with State administration of local workers.

For côngviệc high technical or management jobs that Vietnam laborers have not been đápứng, then the business is a national recruiting foreign workers for certain term gravy train but must have the program, training độngViệt workers plan to soon do that job and replace them according to the provisions of Chínhphủ.

2-The cơquan, international or foreign organizations and individuals, is the foreign labor recruitment Namđược Vietnam, foreign workers under the provisions of Chínhphủ.

3-lươngtối minimum Levels for workers who work in Vietnam trườnghợp the provisions of article 131 of this Act due to government regulations and publication of poll saukhi Of Vietnam Labour Federation and the representative of the labour sửdụng.

4-giờlàm the Time, rest time, labor safety, labor, insurance, hygiene xãhội, the resolution of labor disputes in enterprises, organizations and other cáctrường the provisions of article 131 is made according to the provisions of The luậtnày and of the other legal texts concerned ".

the 28-clause 1 Article 133 be modified and supplemented as follows:


"1-Ngườinước also work from three months enough for businesses, organizations, cánhân in Vietnam must have a work permit by the State administration of laođộng province, central-level cities; time limit work permits độngtheo the labor contract period, but no more than 36 months and can be giahạn as suggested by the employer ".

29-Article 134 is amended and supplemented as follows: "Điều134 1-nướckhuyến Home encouraged businesses, agencies, organizations, personal search and trườnglao to create jobs overseas for workers to Vietnam under quyđịnh of the law, in accordance with the law of Vietnam country and quốctế treaties to which Vietnam signed or joined.

2-The South dânViệt be 18 years of age, there is the possibility of voluntary labour, and there are enough tiêuchuẩn, other conditions according to the law of Vietnam, in accordance with the law and love cầucủa foreign parties are going to work abroad ".

30-134 a supplement like this: "Điều134a The hìnhthức put the Vietnam workers go to work abroad include: 1-Provide ứnglao according to the contracts signed with foreign parties;

2-Put laođộng to work under a contract, lease contracting overseas works;

3-Put laođộng to work under the overseas investment projects;

4-The other hìnhthức under the provisions of the law ".

31-article 135 is amended and supplemented as follows: "Điều135 1-Active In Labor export must have the license of nướcvề Home Administration competent workers.

2-Active In Labor export has the following rights and obligations: a) Are đăngký Labor export contracts with the State administration of labour thẩmquyền;

b) thácthị market, the signing of contracts with foreign parties;

c) The bốcông the selection conditions, standards, rights, obligations of ngườilao;

d) tiếptuyển select labor and not charge recruitment of workers;

DD chứcviệc) training, training for workers before going to work at nướcngoài in accordance with the law;

e hợpđồng) go to work abroad with employees; workers ' organization đivà on water in accordance with the signed contract and the rule of law;

g) tiếpthu Labor export fees, pay on the labour export support fund theoquy of Government;

h) lývà management of protecting the rights of workers during the time worked under contract ởnước also fits with the law of Vietnam and the country law;

I) thườngthiệt Claims harm to employees by enterprises breach of contract caused;

k) Run kiệnđòi in damages due to breach of contract workers cause;

l) Complaint nạivới the competent State authorities about the violations of the law in lĩnhvực Labor export.

3-put the workers In Vietnam went to work overseas to perform hợpđồng contracting, construction and securities investment projects abroad must register hợpđồng with the State Management Agency of competent workers and made quyđịnh at points c, d, e, f, h, i , k and 1 item 2 of this Article.

4-Chínhphủ specific provisions regarding contract workers going to work in ngoàikhông countries through Enterprise ".

additional Article 135a-32 as follows: "Điều135a 1-Ngườilao working abroad has the following rights and obligations: a) Are cungcấp the information related to the policy, labour legislation, article kiệntuyển, and the rights and obligations of laborers working in abroad;

b) Are đàotạo oriented education, before going to work abroad;

c) signed the contract for the correct vàthực;

d) Are bảođảm the benefits of an agreement signed under the provisions of the law of Vietnam, the country law;

VND Vietnam law, thủpháp) comply with the law and respect local customs, customs at nướcsở;

e) Are bảohộ of consuls and justice;

g) Filed Labor export phívề;

h) Khiếunại, accusations, claims with the competent authority of the State of Vietnam or củanước in about the breach of Labor export business and foreign dụnglao;

I) Compensation thườngthiệt by breach of contract caused;

k) Was bồithường damage caused by breach of contract business cause.

2-laođộng Who go to work abroad in the cases provided for in paragraph 3 to article 135có of the rights and obligations prescribed in points a, b, c, d, e, f, h, i and kkhoản 1 of this article ".

33-Bổsung Article 135b: "Main Điều135b phủquy specify the Labor export training; labor-management organization in nướcngoài and the establishment, management and use of Funds to support export laođộng ".

34-Bổsung Article 135c as follows: "Điều135c 1-Nghiêmcấm recruiting and putting workers abroad to work against the law.

2-In, organizations, individuals taking advantage of Labor export to selection, training, uk taken offshore workers work contrary to law then dealt theoquy the law, if the damage is compensated to the person laođộng.

3-laođộng advantage of the People go to work overseas to perform other purposes then dealt with according to the provisions of the law, if damage then the phảibồi ".

35-paragraph 1 Article 140 be amended and supplemented as follows: "1-Nhànước regulation of social insurance policy to gradually expand and upgrade the caoviệc ensure the material, take care, restore health, contribute to stabilizing the life of sốngcho workers and their families in cases of ailing workers , thaisản, most working age, death, accidents, occupational disease, thấtnghiệp, risk or other difficulties.

Phủquy main specific re-training for unemployed workers, unemployment insurance đóngbảo rates, conditions and the level of unemployment benefits, setting up and using manage my unemployment insurance Fund ".

36-Article 141 is amended and supplemented as follows: "Điều141 1-compulsory social insurance hìnhbảo Types are applicable to enterprise, agency, organisation cósử labor working under employment contract term from trởlên three months and enough employment contract does not specify the time limit. in the enterprise, cơquan, this organization, the employer, the employee must pay xãhội insurance under the provisions of article 149 of the code and the workers are entitled to an allowance cácchế social insurance sickness, accidents, occupational disease, thaisản, retirement and productivity.

2-for the workers vớingười working under employment contract term under three months thìcác social insurance is calculated on the salary due to độngtrả employers as specified by the Government, to join the labor insurance hộitheo Township volunteer type or handle on insurance. When laođộng contract that workers continue to work or new labor contracts, the application of the regime of compulsory social insurance as defined in paragraph 1 Điềunày. "

37-article 144 be amended and supplemented as follows: "Điều144 1-Trongthời time maternity leave under the provisions of article 114 of this code, the laođộng women have social insurance social insurance subsidized by 100% money lươngvà be more subsidies a month salary.

2-The other chếđộ of female workers to be applied according to the provisions of article 117 of this Bộluật. "

38-Bổsung clause 1a into Article 145 as follows: "1a-55 year old female workers and a full 25 years of social insurance, labour South 60tuổi enough and enough 30 years of social insurance are entitled to the same pension maximum hàngtháng rate due to government regulation."


39-148 was amended and supplemented as follows: "Điều148 in The agriculture, forestry, fishery, industry is responsible for giacác parameter matches the type of social insurance, in accordance with the characteristics of production and use of laođộng in each of the branches as stipulated by the Government."

40-article 149 is amended and supplemented as follows: "Điều149 1-social bảohiểm Fund is formed from the following sources: a) labor sửdụng Who played in 15% of salary Fund;

b) laođộng People close by 5% of the salary;

c) Home nướcđóng and additional support to ensure the implementation of the social insurance regime for ngườilao;

d sinhlời of the Fund Money);

DD) The nguồnkhác.

2-social bảohiểm Fund is managed, and openly state our main financial regimes, independent accounting and State protection. Social insurance fund đượcthực measures to preserve the value and growth in accordance củaChính. "

41-item 2 Article 151 is modified and supplemented as follows: "2-social insurance disputes: a) Tranhchấp between the workers and the employers are resolved according to the quyđịnh in Chapter XIV of this law;

b) Tranhchấp between workers took a break mode with the employers độnghoặc to social insurance agencies, between the employers with social bảohiểm by the two parties to the agreement; If no agreement is then due to nhândân court settlement. "

42-article 153 is amended and supplemented as follows: "Điều153 1-Ởnhững active business not have unions, the slowest, sausáu, since the law on amendments and supplements to some articles of the labor code and cóhiệu in the new business start-up after six months from the date of bắtđầu works , local unions, Union branches are responsible for the lậptổ unions in the enterprise to represent, defend the rights and interests of hợppháp workers and the labor collective.

The labor sửdụng are responsible for creating conditions favorable to unions soon đượcthành. The time has not yet been established, the local hoặccông industry Corporation Union appointed the provisional Trade Union Committee to represent and protect the vệquyền and the legitimate interests of the workers and the labor collective.

Strictly cấmmọi acts impedes the establishment and Union activity in the business.

2-phủhướng Main lead done clause 1 this after unification with the Vietnam General Confederation of laođộng. "

43-article 163 was amended and supplemented as follows: "Điều163 1-đồnghòa Association of labor award basis must be established in enterprises with the đoàncơ or the Executive Committee of the provisional group consists of representatives of labor and bênngười peer user Labor Party. The number of members of the đồngdo the two parties to the agreement.

2-kỳcủa labor mediation board basis is two years. Representatives of each party luânphiên President and Secretary to the Council. Labor mediation board, Elliot base according to the principles of the agreement and agreed.

3-The labour sửdụng ensure the necessary conditions for the activities of the Department of motor giảilao Republic Council. "

44-paragraph 3 Article 164 is amended and supplemented as follows: "3-in the case of mediation does not become a party to the dispute or absence to two lầnthứ according to the summons without valid reason, the Assembly labor award đồnghòa campuses formed thereon the mediation failed. Bảnphải copies sent to the two parties to the dispute within three days from the date of hòagiải failed. Each of the parties to the dispute have the right to request the people's Court of giảiquyết dispute. The people's Court of record must accompany the minutes giảikhông the Republic. "

45-Article 165 paragraph 1 be amended and supplemented as follows: "1-Hòagiải Labour members conducted mediation according to the order prescribed in article 164của of this code with respect to the individual labor disputes occur where not yet thànhlập labor mediation board basis, implementation contract disputes cost nghềvà vocational school."

46-article 166 is amended and supplemented as follows: "Điều166 1-ánnhân population of resolving individual labour disputes that Board laođộng the basis of mediation, the mediator of labor mediation fails or Hoa Board motor giảilao Department of labour mediator, not addressed in the quyđịnh period.

2-ánnhân a population to solve the labor dispute following individuals without nhấtthiết are through mediation at the Base: a) Tranhchấp about the disciplined labor in the form of layoffs, or about the case of đơnphương the labor contract termination;

b) Tranhchấp about compensation, subsidies when terminating labor contracts;

c) Tranhchấp between the families with the employers;

d) Tranhchấp about social insurance provisions in point b item 2 Article 151 of this law;

) Tranhchấp of compensation between workers with business directory laođộng.

3-The laođộng are exempt from court fees in the functioning of the proceedings to claim wages, job cấpmất Assistant, retrenchment, social insurance, the compensation money on tai nạnlao, occupational diseases, to solve the problem of hạihoặc compensation for dismissal, termination of the employment contract is unlawful.

4-when the xétxử, if the people's Court of detection employment contract contrary to the collective agreement, labor law; collective agreement was contrary to labour law, the Declaration of bốhợp Council of labour, collective bargaining disable each part or whole.

Nghĩavụ, rights and interests of the parties stated in labor contracts, collective bargaining bịtuyên disabled father was resolved in accordance with the law.

5-phủquy specify the resolution for the case of laođộng contracts, collective bargaining was declared invalid the provisions in paragraph 3 Article 29, 48 and Article khoản3 paragraph 4 of this Article. "

47-article 167 is amended and supplemented as follows: "Điều167 1-hiệuyêu Forecast demand to resolve the labor dispute personally, since each side chấpcho painting that rights and interests are violated shall be as follows: a) a year, for the labor disputes prescribed in points a, b and c clause 2 Điều166;

b) a year, for the dispute specified in point d of paragraph 2 to article 166;

c) three years, in respect of disputes provisions in Article 166 item 2 DD points;

d) Sáutháng, with regard to other labor disputes.

2-Time hiệuyêu labor dispute resolution is one year from the date that mỗibên said that his rights and interests are violated. "

48-article 181 is amended and supplemented as follows: "Điều181 1-phủthống for governance of labour in nationwide.

The Ministry of labor, invalids and Social Affairs is responsible for implementation of Government nhànước management of labor.

The quanngang Ministry is responsible, in coordination with the Ministry of labor, invalids and Social Affairs đểthực we unify the management state of labor.

2-Ủyban the people of the level of implementation of State management of labour in the range địaphương. State administration of local workers help the Committee nhândân the same level governance of labour under the decentralization of the Ministry of labour and social Thươngbinh-.

3-total liênđoàn Vietnam Labor Union participation levels and monitor the management of labor nhànước in accordance with the law.

4-the great diệncủa the employers, the employers involved comments with the cơquan of State for policy, legislation and issues related to the hệlao agency action under the provisions of the Government. "

49-article 182 is amended and supplemented as follows: "Điều182


In the thờihạn 30 days from the date of starting business activities, employers độngphải opened the use of labour and in the process operation must cáotình shape changes of enquiring with State administration of local labor phươngtheo the provisions 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 State administration cáovới of local workers about terminate dụnglao.

The sửdụng labor book must labour, wages book, shared social insurance. "

the 50-article 183 is amended and supplemented as follows: "Điều183 laođộng People granted labor book, shared social insurance under the provisions of phápluật."

51 – article 184 is amended and supplemented as follows: "Điều184 1-The Laođộng-invalids and social governance of Labor export.

2-Ủyban the people of the province, the city of centrally managed nướcvề home made Labor export in the local scope.

3-quanquản State Labor Department, central-level cities labor giấyphép for foreigners in Vietnam to work, in accordance with Article 133 of the law of the 1st tạikhoản. "

52-article 185 is amended and supplemented as follows: "tranhà Bar Điều185 state labor inspection function labor policy, laođộng safety, sanitation workers.

The Ministry of labor, invalids and Social Affairs and the State administration of local labor thựchiện labor State inspection. "

53-article 186 be amended and supplemented as follows: "tranhà Bar Điều186 of labor has the following principal tasks: 1-Executive traviệc Bar the labor regulations, labor safety and hygiene labour;

2-workers ' tratai and the violation of labour standards;

3-giaxây Reference Guide and apply standard system, process, rules about hygiene, labor antoàn labor;

4-Giảiquyết complaints, accusations of labor in accordance with the law;

5-lýtheo jurisdiction and make recommendations to the competent bodies to handle the phápluật labor violations. "

54-item 2 Article 191 is amended and supplemented as follows: "2-BộLao-invalids and Social Affairs is responsible for establishing the Organization tranhà bar system of labour; standard rules of selection, appointment, transfer, dismissal, resignation inspectors; Inspector membership card; độbáo report processing rules, irregular and the mode, other necessary procedures. "

55-Bổsung Items in chapter XI: Va "Laođộng Vietnam working abroad" includes articles 134, 134a, 135, 135a, 135b and 135c.

56-additional amendments about the wording in some of the following: a) the term "employment services" in articles 10, 15 and 16 was a "job".

b) the phrase "a year or more" in article 17 and article 42 was the "12tháng up" enough;

c) the term "vocational" charges in paragraph 3 article 24 was the "dạynghề costs";

d V tênMục XI Chapter) into "labor for organizations, individuals in South tạiViệt foreign workers, foreigners in Vietnam";

DD) the phrase "paragraph 1, paragraph 2, paragraph 3 of this article" in paragraph 4 to article 145 are sửathành "paragraph 1, paragraph 1a, paragraph 2, paragraph 3 of this article";

e) the phrase "local labor bodies" and the phrase "cấptỉnh" labor bodies in the article 17, 82, 162 and 169 was to "manage my State Agency of local workers" and "State administration vềlao provincial activities centrally".

Article 2 this law enforcement forces cóhiệu since January 1, 2003.

Article 3 main phủquy detailing the implementation of this law.

Nàyđược law, the National Assembly of the Socialist Republic of Vietnam, 11thông session Key through August 4, 2002.