Viet Nam > Labour codes, general labour and employment acts

Viet Nam - Labour codes, general labour and employment acts - Law, Act

Decision 641/2020/QD-LDTBXH on promulgation of plan for implementation of the Labour Code No. 45/2019/QH14. -

Adoption: 2020-06-08 | VNM-2020-L-113845

Viet Nam - Labour codes, general labour and employment acts - Law, Act

Labour Code (No. 45/2019/QH14). (Bô luât Lao Dông) -

Adoption: 2019-11-20 | Date of entry into force: 2021-01-01 | VNM-2019-L-110469

The 2019 Labor Code revokes the 2012 Labor Code. The 2019 Labor Code expands the scope of application to "workers without labour relations" defined as workers who work without an employment contract. It also broadens the definition of Employee to "a person who works for an employee under an agreement, is paid, managed and supervised by the employer."
The Code also modifies the type and content of labour contracts and provides more bases for both employers and employees to unilaterally terminate labour contracts. The main changes are the following:
- WAGES, HOLIDAYS & HOURS OF WORK: The monthly overtime cap is increased from 30 to 40 hours. There is to be an additional national holiday implemented. Concerning wages, employers are still required to set up salary schemes and consult with employee representative organisations. However, the schemes no longer require registration and notification with the labour authorities.
- TERMINATION OF EMPLOYMENT: The Code recognises sexual harassment at the workplace as an additional ground for dismissal.
- MIGRANT WORKERS: For foreign workers, the new Labour Code limits the term of work permits to a maximum of two years, which may be extended for a further two years. However, after this, migrant workers will need to apply for a new work permit.
- RETIREMENT: Retirement age is to be increased to 60 years for female workers and 62 for males. Exemptions apply for workers working in hazardous conditions.
- FREEDOM OF ASSOCIATION: The Code recognises the right of employees to set up their own representative organisations.

CHAPTER I - General Provisions
CHAPTER II - Employment, Recruitment and Employee Management
CHAPTER III - Employment Contracts
CHAPTER IV - Vocational Training
CHAPTER V - Social Dialogue, Collective Bargaining and Agreements
CHAPTER VI - Salaries
CHAPTER VII - Working Hours and Rest Periods
CHAPTER VIII - Labour Discipline and Material Responsibility
CHAPTER IX - Occupational Safety and Health
CHAPTER X - Provisions Applicable to Female Employees and Assurances of Gender Equality
CHAPTER XI - Exclusive Provisions concerning Minor Employees and Certain Types of Employees
CHAPTER XII - Social Insurance, Health Insurance and Unemployment Insurance
CHAPTER XIII - Representative Organisations of Employees
CHAPTER XIV - Settlement of Labour Disputes
CHAPTER XV - State Management of Labour
CHAPTER XVI - Labour Inspection and Action Against Violation of Labour Laws
CHAPTER XVII - Implementation Clauses

Viet Nam - Labour codes, general labour and employment acts - Regulation, Decree, Ordinance

Decree No. 05/2015/ND-CP detailing and guiding a number of provisions of the Labour Code. -

Adoption: 2015-01-12 | VNM-2015-R-99190

This Decree provides rights and responsibilities of employers, employees, organizations representing labour collectives and related agencies, organizations and individuals in the implementation of a number of the Labour Code's provisions on employment contracts, collective bargaining, collective labour agreements, wages, labour discipline, material responsibility and resolution of labour disputes.

Viet Nam - Labour codes, general labour and employment acts - Law, Act

Labour Code (10/2012/QH13). (Bô luât Lao Dông) -

Adoption: 2012-06-18 | Date of entry into force: 2013-05-01 | VNM-2012-L-91650

CHAPTER I - GENERAL PROVISIONS (articles 1-8)
CHAPTER II - EMPLOYMENT (articles 9-14)
CHAPTER III - LABOUR CONTRACTS
Section 1. Entry into Labour Contracts (articles 15-29)
Section 2. Performance of Labour Contracts (articles 30-34)
Section 3. Modification, Supplementation and Termination of Labour Contracts (articles 35-49)
Section 4. Invalid Labour Contracts (articles 50-52)
Section 5. Labour Lease (articles 53-58)
CHAPTER IV - APPRENTICESHIP, TRAINING AND RETRAINING FOR VOCATIONAL QUALIFICATION AND SKILL IMPROVEMENT (articles 59-62)
CHAPTER V - DIALOGUE AT WORKPLACE, COLLECTIVE BARGAINING, COLLECTIVE LABOUR AGREEMENTS
Section 1. Dialogue at Workplace (articles 63-65)
Section 2. Collective Bargaining (articles 66-72)
Section 3. Collective Labour Agreement (articles 73-82)
Section 4. Enterprise-Level Collective Labour Agreement (articles 83-86)
Section 5. Sectoral-Level Collective Labour Agreements (articles 87-89)
CHAPTER VI - WAGES (articles 90-103)
CHAPTER VII - WORKING TIME AND REST TIME
Section 1. Working Time (articles 104-107)
Section 2. Rest Time (articles 108-114)
Section 3. Public Holidays, Personal Leave and Unpaid Leave (articles 115-116)
Section 4. Working Time and Rest Time For People Doing Special Jobs (article 117)
CHAPTER VIII - LABOUR DISCIPLINE AND MATERIAL RESPONSIBILITIES
Section 1. Labour Discipline (articles 118-129)
Section 2 - Material Responsibilities (articles 130-132)
CHAPTER IX - OCCUPATIONAL SAFETY AND HEALTH
Section 1. General Provisions on Occupational Safety and Health (articles 133-138)
Section 2. Occupational Accidents and Occupational Diseases (articles 139-146)
Section 3. Prevention of Occupational Accidents and Occupational Diseases (articles 147-152)
CHAPTER X - SEPARATE PROVISIONS FOR FEMALE EMPLOYEES (articles 153-160)
CHAPTER XI - SEPARATE PROVISIONS FOR CHILD LABOUR AND OTHER TYPES OF EMPLOYEES
Section 1. Child Labour (articles 161-164)
Section 2. Older Workers (articles 166-167)
Section 3. Vietnamese Employees Working Abroad, Employees of Foreign Organizations and Individuals in Vietnam, Foreign Employees Working in Vietnam (articles 168-175)
Section 4. Workers with Disabilities (articles 176-178)
Section 5. Domestic Workers (articles 179-183)
Section 6. Other Types of Employees (articles 184-185)
CHAPTER XII - SOCIAL INSURANCE (articles 186-187)
CHAPTER XIII - TRADE UNIONS (articles 188-193)
CHAPTER XIV - SETTLEMENT OF LABOUR DISPUTES
Section 1. General Provisions on Settlement of Labour Disputes (articles 194-199)
Section 2. Competence and Process for Settlement of Labour Disputes (articles 200-202)
Section 3. Competence and Process for Settlement of Collective Labour Disputes (articles 203-208)
Section 4. Strikes and Strikes Settlement (articles 209-222)
Section 5. Courts to Consider the Legitimacy of a Strike (articles 223-234)
CHAPTER XV - STATE MANAGEMENT OF LABOUR (articles 235-236)
CHAPTER XVI - LABOUR INSPECTION, HANDLING OF VIOLATIONS OF LABOUR LAW (articles 237-239)
CHAPTER XVII - IMPLEMENTATION PROVISIONS (articles 240-242)

Viet Nam - Labour codes, general labour and employment acts - Regulation, Decree, Ordinance

Decree No. 47/2010/ND-CP of May 06, 2010, on administrative sanctioning of violations of the Labour Law. -

Adoption: 2010-05-06 | VNM-2010-R-84249

Provides administrative violations, sanctioning forms and levels, remedies, and competence and procedures for administratively sanctioning violations of the Labor Law.

Viet Nam - Labour codes, general labour and employment acts - Regulation, Decree, Ordinance

Decree No. 113/2004/ND-CP of April 16, 2004 prescribing Administrative Sanctions Against Acts of Violating Labour Legislation. -

Adoption: 2004-04-16 | VNM-2004-R-78275

Stipulates administrative penalties for Vietnamese organizations and individuals, who violate labour laws but are not criminal and shall be penalized in accordance with laws within the territory, economically privileged zones and the continental shelf of Vietnam.

Viet Nam - Labour codes, general labour and employment acts - Law, Act

Law on Amendments of and Additions to a Number of Articles of the Labour Code (Law 35-2002-QH10).

Adoption: 2003-01-01 | VNM-2003-L-70836

Viet Nam - Labour codes, general labour and employment acts - Miscellaneous (circular, directive, legal notice, instruction, etc.)

Official Letter on implementation of a number of provisions of labour laws (No. 658-LDTBXH-CV).

Adoption: 1996-07-12 | VNM-1996-M-48356

Sets forth requirements to ensure the strict implementation of provisions of the Labour Code. Inter alia, requires employers to submit employment requests to the Hanoi Department of Labour, War Invalids and Social Affairs, and to recruit through employment services; to enter into a labour contract with an employee where no contract presently exists; to establish and register a wage scale; to issue labour books and formulate internal labour rules; to establish labour conciliation councils; and to file periodic reports on matters related to occupational safety, wages, and dismissals.

Viet Nam - Labour codes, general labour and employment acts - Law, Act

Labour Code of the Socialist Republic of Viet Nam. -

Adoption: 1994-06-23 | VNM-1994-L-38229

Comprised of 17 Chapters and 198 provisions. Grants all persons the right to work in an occupation of their choice, and to improve their skills without discrimination on the basis of sex, social class, beliefs or religion. Prohibits all forms of forced labour, and provides for the right to strike in accordance with the law. Covers a broad range of labour matters including trade apprenticeship and training; the form and content of employment contracts and collective agreements; conditions of employment; social security and occupational health and safety. Specific provisions apply to women, young workers and disabled persons. Special terms are established for foreign organizations or individuals operating in Vietnam, foreigners working in Vietnam, and Vietnamese citizens working overseas. Requires that "the trade unions of the province" establish provisional trade union organizations at all enterprises currently operating without a trade union organization. Activities of such provisional trade union organizations shall be determined by the Government in conjunction with the Trade Union Federation of Vietnam. Sets out procedures for the resolution of individual and collective labour disputes.