The DECREE enacting the labor regulations for the enterprises invested by foreign MINISTERIAL COUNCIL of the Organization pursuant to the law the Council of Ministers of the Socialist Republic of Vietnam on July 4, 1981;
Pursuant to the law on foreign investment in Vietnam on December 29, 1987;
According to the recommendation of the Minister of labor, invalids and Social Affairs.
 
DECREE: article 1 Now attached to this Decree labor regulations for the enterprises of foreign investment in Vietnam Socialist Republic.
Article 2 the Minister, Chairman of the State Committee, the heads of other bodies in the Council of Ministers, the President of the people's committees of provinces and cities, the district directly responsible to enforce this Decree.
Article 3 of this Decree enforced from the date of promulgation. Repeal of previous regulations documents contrary to A regulation.
LABOR REGULATION for the ENTERPRISES of FOREIGN INVESTMENT (issued under Decree No. 233-dated 22 June 1990 of the Council of Ministers) chapter I GENERAL PROVISIONS article 1 this labor regulations that apply to the use of labour in the enterprises of foreign investment (hereinafter referred to as the enterprise) are established and operate on the territory of the Republic commune Vietnam Association under the law on foreign investment in Vietnam.
These rules apply to both foreign workers, unless the relevant legal provisions.
Article 2 Of this regulation, the terms below are interpreted as follows: 1-"Enterprise Manager" is the head of the management and operation of enterprises; Enterprise Manager (or the person who was the Director of the authorization) on behalf of the enterprises of a Contracting Party of contract labour and collective labor agreement.
2-"labour representation" is the President or the person authorized by the Executive Board of the Union in the System Of Vietnam Labor Union; or who are the workers in collective enterprises sent out on their behalf, when in the enterprises have not have unions.
3-"collective labour agreement" is the agreement through collective bargaining was signed between labor representatives in the enterprise with a side of the Director (or the Director) in order to regulate the General conditions relevant to the use of labor and labor relationship in enterprises.
4-"employment contract" as the agreement was signed between workers with enterprises of the Director (or the Director) about doing there job, which the two sides committed to each other about labor conditions, rights and obligations of each party in labor relations.
5-"employment contract with deadlines determined" is the contract containing a specific time limit determined in the contract.
6 "employment contract with unspecified term" is not a fixed term contract before the contract and may end at any time according to the provisions of the law.
CHAPTER II RECRUITMENT and Training 3 enterprises of Vietnam from citizens was employed to be 18 years of age to work according to the following method: 1-a selection of those who are the local labor authorities introduced standard requirements of enterprises.
2-mandated for a company supplying workers or national investment services company, according to the standard requirements of enterprises.
3-If the person is the local labour authority introduces or national mandate agencies who do not meet the requirements, enterprises have the right to recruit widely and message was, both those who reside in other provinces, and report it to the local labor authorities said.
Article 4 To training, enterprises are entitled to recruit people from 16 years of age. After their training, if this not enough people 18 years old and have asked companies to use them to work, they must be the father, mother or mentor them. that person has no cases of parents or tutors must then be approved by the labor Agency.
When employers are not yet enough 18 years, enterprises have to comply with the provisions in article 31, 35, 49 of this regulation and other provisions for the protection of minors.
Article 5 for jobs requiring high technical or to do the work that the management of Vietnam do not meet, enterprises are recruiting foreigners for a certain period in accordance with the procedures prescribed by the State of Vietnam, but must establish a training program to the Vietnam may soon be doing that job.
Article 6 of its expense, enterprise planning and training was right to open the school class or sent within the country and abroad to enhance the professional qualifications for workers of all ranks in the enterprises.
If a training plan for all local effects can be the collaboration and coordination of the local authorities.
CHAPTER III CONTRACT article 7 all cases employers in enterprises must be concluded with a written employment contract between the Director (or the Director) with individual employees.
The labor contract is concluded under a unified model by the Ministry of labor, invalids and Social Affairs.
Article 8 the labor contract was signed under one of the following types: 1-employment contract with unspecified term;

2-term labor contracts identified;
3-the labor contract according to a certain work, seasonal service.
Labor contracts with the term determined upon expiration of the contract that workers continue to work neither party to terminate, then become contract with unspecified term.
Article 9 the labor contract by the two parties signed agreements to be consistent with labor law, collective labor agreement, and must necessarily have the following principal contents: to do work, place of work, salary, contract term, should ensure the right to labor protection social insurance, in accordance with the laws and regulations of the probationary conditions (if any).
Labor contracts made in two copies, each Contracting Party to keep a.
Article 10 When signing the labour contract the two sides can agree on a job to try and time trial. Depending on the nature of work, the probation period not exceeding 30 days; for the complex work of engineering, management can better long but not more than 60 days.
The two sides signed agreements can be a trial. Contents of contract trial must also include the content mostly as stipulated in article 9, the salary at least equal to 70% of the wage level of the job. In the time trial each party has the right to terminate the contract without notice and without compensation. End of the probationary period, the enterprises must inform the worker know the results; If the time runs out to try the enterprise doesn't notice and the employee continues to work, the labour contract is considered signed.
Article 11 labor contract in effect from the date of the two parties to the agreement, if the two sides have not yet agreed on the date the contract takes effect, the workers were actually work or do try without a contract, is considered day labor contracts began to take effect.
Article 12 during the implementation of the labor contract, the parties would like to change the content of the contract, they must inform the other party and the amendments are in accordance with those principles, such as the sequence when the labor contract. If there is a change in what the content says in article 9 shall have to sign new labor contracts, except for the cases stated in article 13.
Article 13 1-case due to business needs, the enterprises can maneuver the employee to other work or other work, but time must not exceed 30 days and have to notice. When the maneuver too 30 days or to other local it must be consent of workers and conditions set by the two parties to the agreement, if the employee does not agree, then the operation is not allowed.
2-the case of an emergency, due to the unforeseen causes, unable to work, according to the labor contract, enterprises can maneuver the employee to other work or other work place in time must not exceed 60 days. When the maneuver is too 60 days or to other local it must be consent of workers and conditions set by the two parties to the agreement; If the employee does not consent shall be entitled to suspend the regime under article 44, paragraph 2.
Article 14 labor contract naturally terminated when one of the following cases: 1-expired labor contract or work contract agreement completed.
2-mutual agreement to terminate the labor contract.
3-the investment license expires or is cancelled, the enterprises were forced to stop working, was dissolved, being liquidated.
4-the employee was sentenced to prison on 6 months or suffer a penalty of the Court forcing people not to continue the work.
5-the dead workers.
Article 15 workers have the right to unilaterally terminate the employment contract with unspecified term on at any time, but must notice under the provisions of article 18.
For the other type of labor contract, workers have the right to unilaterally terminate when one of the following cases: 1-no proper layout factory jobs have stated in labor contracts, except in the cases specified in article 13.
2-enterprises deliberately deferred payments, salary and allowances.
3-enterprises of abused workers.
4-due to family circumstances, health really have difficulty, workers could not continue to perform the labor contract.
Unilateral termination of labor contract under point 1 must notice as prescribed in article 18.
In the case of workers who have to enforce these obligations by law, to be elected or appointed to a certain authority, the suspension, termination of the employment contract by the two parties to the agreement. For people with legal protection agency detention then can postpone, terminate the labor contract according to the time of detention.
Article 16 enterprises have the right to unilaterally terminate the labor contract when one of the following cases: 1-workers often do not complete the work under the contract.
2-the employee has the theft, embezzlement or violations of other laws to do serious damage to property, the interests of the enterprises or serious violations of labor discipline, rules.
3-workers lost labor ability due to sickness or injury during labor have treatment to 6 months that prospects have not been able to restore.

4-the factory was heavily damaged due to natural disaster, fire, or the risks by objective causes forced downsizing of production or to cease operations.
5-enterprises must reduce the work by applying techniques, new technologies, changing the structure of production.
Upon the termination of the labor contract according to the above case (except for item 2) the enterprises must notice under the provisions of article 18; must consult labor representative in enterprises; upon the termination of the labor contract according to point 4, 5 enterprises must inform local labor bodies.
Article 17 except as stated in paragraph 4 Article 16, enterprises not be unilaterally terminated the employment contract for employees is pregnant women, maternity, child under 12 months old; employees are sick, accident, occupational disease labor thesis still nursing treatment as determined by a physician within 6 months; on holiday every year.
Article 18 time limits notice said in articles 15, 16 is: for employment contract with unspecified term, at least 60 days and for the duration of the contract determined, at least 30 days.
As for the labor contract according to certain jobs, seasonal, service, at least 1 day.
Each party may withdraw the intention to unilaterally terminate the contract before the expiry of notice. Expiry notice that the other party does not answer, the labor contract is considered terminated.
Article 19 if the violation of the conditions of termination of the employment contract or the breach of time limits notice according to the aforementioned article, violating party must bear the responsibility of compensation to the other party. The levels of compensation under the provisions of the Ministry of labor, invalids and Social Affairs.
Article 20 at the latest within one week from the date of termination of the employment contract, the two parties are responsible for paying all of the rights of each party, including retrenchment and compensation (if any). The enterprises are responsible for the return of labor and all other papers, records of workers, the necessary certificates required by workers.
Article 21 the Director of the factory, after consultation of the workers representatives, will announce rules on labor and other forms of reward, sanction on the basis of this regulation.
Director enterprise is entitled to apply one of the following sanctions for those who violate labor discipline rules depending on the nature and severity of the violation: verbal rebuke.
Cut a section or the entire bonus.
Transfer to other work or other lower-paid positions within a period of up to 3 months.
Dismissal (termination of the labor contract according to clause 2, article 16).
Article 22 the employee have the right themselves or through labour representatives to complain about the termination of the labour contract or about sanctions against themselves, right at the enterprise as well as with other competent bodies to consider the complaint and resolve labor disputes prescribed in Chapter XI.
CHAPTER IV COLLECTIVE LABOUR AGREEMENT Article 23 on the basis of collective bargaining freedom and voluntary, Enterprise Director (or the Director) and labor representatives to sign a collective labor agreement at the latest 6 months after the enterprises to step into action.
Collective labour agreement could include the content mostly as: salaries for each type of careers in industrial, working conditions, protection of labour; social insurance, welfare, and other content due to the two parties to the agreement.
Article 24 of the terms of the collective labor agreement was not contrary to the provisions of this regulation and of the labour law. The Convention could labor regulations more favorable conditions for workers than the provisions of this regulation and of the labour law.
Collective labour agreement made in three copies, each Contracting Party to keep a, a local labour agencies submit to register.
Article 25 local labor bodies, within 15 days from the date of the text, must answer the registration approval. The collective labour agreement in force from the date of the local labour authority approved registration. If any provision of the collective labour agreement contrary to this regulation and labor law, the obstacles are still not implementing the other provisions of the Convention and the local labour authorities must clearly inform the contracting party to the Convention. Within 10 days of receiving the notice, the parties must continue to negotiate to resolve the remaining issues exist.
Article 26 the collective labor agreement was concluded for the term from 1 to 3 years. After 3 months of implementation, each party has the right to request additional revisions collective labor agreement. Within 15 days from the date a party receiving the request, the parties must negotiate the amendments added.
When collective labour agreement expires, if neither party would be required to sign the new agreement, that agreement continues in force for a new period.
Article 27

All the workers in the enterprises must be aware of the content of collective labour agreement. Since the labor agreement in force, the parties must strictly obey these terms has committed. All the problems arising in the process of implementation of the Convention are to be resolved in a spirit of cooperation to guarantee the legitimate rights of the parties and ensure stable production. The dispute happens to be addressed in order to resolve labor disputes prescribed in Chapter XI.
Chapter V UNION Article 28 workers in the enterprises have the right to free establishment of trade union organizations, operating under public law group and on the basis of the Charter of the Vietnam General Confederation of labor.
Article 29 Is the Organization of workers, trade unions in enterprises has the function of protecting the legitimate rights and interests of all workers; represents the labor collective of the issues between them, the companies conducting collective negotiations to ensure that labor relations in enterprises was stable, help for production development.
Article 30 enterprises of Directors must respect the right to establish and operate a trade union of workers, respect the role of the trade union organization, is responsible for providing facilities, information, create favorable conditions for the regular exchange of ideas, collective negotiations and for making the functioning of the Union.
 
CHAPTER VI DURING WORKING HOURS and REST time-31 1 Thing working normally not exceed 8 hours in a day, 48 hours a week.
2-Time daily working hours must be reduced for at least 1 hour for: people do work hard, harmful or dangerous; pregnant women from the seventh month, women raising children under 12 months of age; the eighteen years old.
3-hours night Time from 22 hours to 6 hours.
4-Each work shift, employees time off between shifts at least 30 minutes.
Article 32 When enterprises need to mobilize working overtime to get the agreement of the employee, except in the following cases: 1-fix the consequences of natural disasters, risk or to prevent the threat of accidents occur.
2-emergency work because of relocation.
3-time offset earlier losses by enterprises must stop working due to force majeure.
Total time working overtime not exceeding 150 hours a year.
Article 33 each week workers were on holiday at least one day (24 hours continuously) on a fixed day of the week.
The case due to the nature of the work may not arrange for the workers to rest as above, enterprises must compensate holidays layouts next week right after that.
For a number of occupations and jobs have special working conditions, can work under the extended shift mode than usual, but must have appropriate substituted modes recorded in the collective labor agreement.
Article 34 workers were vacation work entitled raw salary on the following holidays: new year's day: 1 day (January 1).
TET: 3 days (the last day in the old Lunar and lunar new year's day 2).
International Labor Day: 1 and a half day (PM 30-4 and 1-5).
National day of the Socialist Republic of Vietnam for two days (on 2 and 3 September).
Article 35 Vacation annually salary: 1-every year, employees are on holiday at least 18 working days affect salary resources.
2-the cases below are additional holiday for at least 5 days to enjoy raw salary: people work at the enterprises of 10 years or more.
People working in remote, Outback, the bad climate.
People do work hard, harmful, dangerous.
The eighteen years old.
Article 36 Those who worked at least 12 consecutive months in the companies enjoy the number of holidays prescribed in article 35, paragraph 1. The time here is calculated on time worked: paid vacation time, the time of notice to terminate the employment contract stipulates in article 18.
Duration of maternity women.
Vacation time on the Director of a private enterprise.
Sick leave, vacation time under the consent of the enterprises.
If the employment contract was terminated, the employee worked was enough for six months shall be paid by the money to the number of annual holidays, calculate the rate by the time wildlife work.
Article 37 1-women childbirth be rested for at least 12 weeks and support with 100% of the salary, which, time off after the birth to at least six weeks.
The case for reasons of pregnancy, after having rested the expiry stated on that woman is still not able to go to work and have the medical certificate confirming, enterprises are able to break more, but not more than 12 weeks. The rights of mothers during the holidays more are resolved according to the sickness allowance regime prescribed in article 46.
2-women raising children under 12 months of age was rested every day for at least 1 hour to take care of the child, article 31 according to item 2.
Article 38 workers were on holiday at least 3 working days affect resources in case of salary that is married; father, mother (both husband and wife or parties), wife, husband, children die.
If the enterprises agree, workers can stay on what private other non-paid during the period due to the two parties to the agreement.
CHAPTER VII SALARY-PAID LABOUR Article 39

Salary (can be hourly, salary, salary, wage, week days, the amount of securities) are clearly in the employment contract. Salaries must match the collective labor agreement and not be lower than the minimum wage applied to the enterprises invested by Foreign Minister of labor, invalids and Social Affairs annual publication, there is a consultation of the parties concerned.
Article 40 the salary to be paid based on productivity, quality of work, depending on the production sector-business, industry, labor conditions, the price of living each period and not the section gender, age.
Article 41 workers do get charged an extra account for at least 50% of the salary to work on board.
People work more hours paid add an account for at least 50% of the salary to work in normal hours; work on holidays, holidays, if not substituted on the other be charged more at least equal to 100% of the normal working day salary.
Article 42 enterprises pay salaries and allowances for workers directly, in full, on time and at work. All payments must be paid in cash.
Article 43 the salary of the Executive Director (ceo), Associate Director (Deputy General Director) and other key officials of the factory due to the Board of the joint venture companies or owners of 100% foreign-owned enterprise decisions.
Article 44 1-when the industrial layout of temporary workers into the workplace or other work under the provisions of article 13, paid workers is lower than the wage of the previous work.
2 – where the suspended work not the fault of the employees, the enterprises have to subsidize 50% of salary to the rank or position.
Article 45 workers must know all the deductions on his salary. The salary deductions must be in accordance with the labor law, collective labour agreement, or a decision of the Court. When enterprise bankruptcy, dissolution, being liquidated, the salary must be the preferred first debt payment.
CHAPTER VIII SOCIAL INSURANCE Thing monthly 46 enterprises are obliged to pay social insurance by 10% of the total funds the salary of workers working in the factory. This account is allocated as follows: 1-2% of lodging for local workers to finance unemployment benefits regime.
2-8% filed into the social insurance fund in enterprises by the representatives of the industrial and labour representatives together to manage, to spend the social security regime as: support, sickness, industrial accident, occupational disease (including pension and medical expenses).
Maternity allowance.
Money buried (who are in the period of work being dead).
Article 47 monthly, employees are obliged to submit 10% of salary into the local social insurance fund to spend on social insurance regimes such as: old age insurance pension.
Grants permanent labour power loss due to sickness, occupational disease, industrial accident or due to accident risk. The money buried (who are his age or insurance support permanent labour power loss died), and productivity for relatives who died.
CHAPTER IX-LABOR SAFETY HEALTH PROTECTION Article 48 enterprises have the obligation to enforce the labor protection, safety measures and labor hygiene consistent with the law on labour protection, health protection and environmental protection of Vietnam and the international standards.
The production, business is only conducted after the enterprise has complete technical processes, ensure the labor standards, environmental protection, labor, environment, waste management in and outside enterprises and the local labor bodies.
If the accident happened due to an error of the enterprises, the enterprises are responsible for compensation to people who suffered accidents or for relatives of people who died of accidents in Vietnam by State regulations.
Article 49 prohibits the use of women and not enough 18 years doing the work and toxic, heavy, dangerous.
Do not use pregnant women, are raising children under 12 months of age, who are not yet enough not enough 18 years doing night or overtime.
Catalogue and toxic, heavy work dangerous, due to the Ministry of labor, invalids and Social Affairs announced.
Article 50 enterprises have to regularly inform and guide the safety measures and labour hygiene, adequate supply of clothing, equipment and labor protection equipment necessary for workers; plan to protect health, do periodically check the health and disease prevention measures for workers; prevent and eliminate the threat to life, health of workers. Enterprises must periodically report on the industrial safety situation in the enterprise for local labor bodies.
Employees are responsible for the correct execution of the instructions and safety measures and labor hygiene. While working, if clearly obvious risk and severity for the life or health of himself, the workers have the right to leave work and immediately report to the person in charge directly.
CHAPTER X of LABOUR INSPECTION, INSPECTORS Article 51

The Ministry of labor, invalids and social management of the monitoring and inspection of the enforcement of this regulation; through the labour inspection system to inspect, examine the issues related to working conditions and protection for workers in the enterprises of foreign investment.
Article 52 the labour inspector has the task of ensuring the enforcement of the provisions of the labour law, workers ' compensation, survey feedback, instructions for the enterprises and employees, and reported the situation to the Minister of labour, invalids and Social Affairs.
Article 53 the labour inspector has the right: to any place of work would belong to the scope of their control to proceed to check out.
Questioning the person concerned, request the Director to produce books, documents for review, labor notes, retrieved samples.
Ask the Director listed companies the necessary announcement about labor law.
Ask the Director of enforcement of the companies immediately the necessary measures, including the suspension operating machinery, to eliminate the risk of threatening the health and lives of workers, or to conduct the necessary repairs in the time strictly enforced to ensure the regulations on labor safety and hygiene.
Article 54 the labour inspectors are obliged to keep confidential the secrets of production, business in the workplace that I checked, kept the name of finance, Executive Charter right the State Inspector of labour; about the sanctions regime as well as on professional liability of the inspectors themselves.
Article 55 the enterprises are responsible for implementation of all requirements of the labour inspector, does not cause any problems for inspection activities, the labour inspection.
The sanctions the violation of the inspection and test should proceed according to the Ordinance on sanctioning administrative violations of Vietnam.
CHAPTER XI the LABOR DISPUTE RESOLUTION Article 56 factories and workers have the right to complain about labor issues with the competent labour authorities at all levels, including the Minister of labor, invalids and Social Affairs. Every complaint must be answered within 15 days of receiving the complaint.
Article 57 Any labor dispute must be resolved first by direct negotiation between the two parties (workers and factories, labor representatives and directors) in the spirit of reconciliation, justice and rationality, respect each other's interests.
The case could not be agreed upon, the two parties can choose one of the forms of conciliation and arbitration: conciliation with Council of representatives abreast of the two parties and local labor agency brokered.
The Arbitration Board by the local labour authorities established and presided over by a referee or a mutually agreed upon selection.
The arbitrator by the Minister of labor, invalids and Social Affairs.
The form of conciliation and arbitration due to the two parties to the agreement must be recorded in the collective labor agreement.
If reconciliation failed and the referee not effective, each party may take the dispute to court review.
Review of the complaint process, conciliation and arbitration by the Minister of labor, invalids and social regulations.
CHAPTER XII FINAL PROVISIONS Article 58 of the enterprises already established and functioning before, if signed the collective labor agreement, labor contracts, and issuing rules, labor discipline does not conform with this regulation must be amended at the latest within two months from the date this regulation is in effect.
Article 59 the Minister of labor, invalids and Social Affairs guide detailed regulations and enforcement of this regulation./.