Labour is the most important activity of a human being creating both material

products and social values. High labour productivity, quality and efficiency are

significant factors which determine the level of development of a country.

By regulating the rights and obligations of employees and employers, labour

standards, and labour utilization and management principles, the labour laws

contribute to increased production, and thereby play an important role in society

and in the legal system of the nation.

Inheriting and developing the labour laws of Vietnam since the August

Revolution of 1945, this Code institutionalizes the "renovation" policy of the

Communist Party of Vietnam and provides for detailed implementation of the

provisions of the 1992 Constitution of the Socialist Republic of Vietnam on

labour, and its utilization and management.

The Labour Code protects the right to work, benefits, and other rights of

employees and, at the same time, protects the legal rights and benefits of

employers, thereby creating conditions for harmonious and stable labour

relations, contributing to the development of the creativity and talents of

intellectual and manual workers and of labour managers in order to achieve

productivity, quality and social advancement in labour, production, and services,

effective utilization and management of labour, and contributing to

industrialization and modernization of the country, for a wealthy and strong

country, and a fair and civilized society.

CHAPTER I

The Labour Code regulates the labour relationship between a wage earning

worker and his employer, and the social relationships which are directly related to

the labour relationship.

The Labour Code applies to all workers, and organizations or individuals utilizing

labour on the basis of a labour contract in any sector of the economy and in any

form of ownership.

This Code also applies to trade apprentices, domestic servants, and other forms of

labour stipulated in this Code.

A Vietnamese citizen who works in an enterprise with foreign owned capital in

Vietnam or in a foreign or international organization operating in the territory of

Vietnam, and a foreigner who works in an enterprise or organization or for a

Vietnamese individual operating in the territory of Vietnam, shall be subject to

the provis ions of this Code and other provisions of the law of Vietnam, except

where the provisions of an international treaty to which the Socialist Republic of

Vietnam is a signatory or participant provide otherwise.

The labour regime which applies to State employees and officials, elected and

appointed officials, members of units of the people's armed forces and police

force, members of public organizations, members of other political and social

organizations, and members of co-operatives shall be governed by other separate

legislation and a number of the provisions of this Code which shall be applied to

each particular entity.

1. Every person shall have the right to work, to choose freely the type of

work or trade, to learn a trade, and to improve his professional skill

without being discriminated against on the basis of his gender, race, social

class, beliefs, or religion.

2. Maltreatment of workers and all forms of forced labour are prohibited.

3. Any activity which creates employment, which is a form of selfemployment,

which teaches a skill or trade to assist others to find work,

and any production or business activity which employs a high number of

workers shall be encouraged, facilitated or assisted by the State.

An employee shall be a person of at least fifteen (15) years of age who is able to

work and has entered into a labour contract.

An employer shall be an enterprise, body, or organization, or an individual who is

at least eighteen (18) years of age, recruiting, employing and paying wages to an

employee.

1. An employee shall be paid a wage on the basis of an agreement reached

with the employer provided that the wage is not less than the minimum

wage stipulated by the State, and is in accordance with his ability and the

quality and standard of the work performed; shall be entitled to labour

protection, and safe and hygienic working conditions; shall be entitled to

stipulated rest breaks and holidays, paid annual leave, and social insurance

benefits in accordance with the provisions of the law. The State shall

stipulate a labour regime and a social policy aimed at protecting female

workers and occupations having special characteristics.

2. An employee shall have the right to form, join, or participate in union

activities in accordance with the Law on Trade Unions in order to protect

his legal rights and benefits; he shall be entitled to collective welfare and

be permitted to participate in the management of the business in

accordance with the internal regulations of the enterprise and the

provisions of the law.

3. An employee shall have an obligation to perform the labour contract and

the collective labour agreement, and to comply with labour rules, internal

labour regulations, and the lawful orders of the employer.

4. An employee shall have the right to strike in accordance with the

provisions of the law.

1. An employer shall have the right to recruit labour and to assign, arrange or

manage labour in accordance with the requirements of business

production; shall have the right to reward and to deal with breaches of

labour discipline in accordance with the provisions of the laws on labour.

2. An employer shall have the right to appoint a representative to negotiate

and sign a collective labour agreement of the enterprise or a collective

labour agreement of an industry and shall have the responsibility to cooperate

with trade unions in discussing issues relating to labour relations

and to improve the material and spiritual lives of employees.

3. An employer shall have an obligation to perform the labour contract, the

collective labour agreement, and other agreements reached with the

employees, to respect their honour and dignity, and to treat employees

properly.

The labour relationship between an employee and an employer is established and

developed through negotiation and agreement on the principles of voluntary

commitment, fairness, co-operation, mutual respect of legal rights and benefits,

and full performance of undertakings.

The State shall encourage agreements which provide the employee with more

favourable conditions than those stipulated in the laws on labour.

The employee and the employer shall have the right to request a competent body

or organization to resolve a labour dis pute. The State encourages the resolution

of labour disputes by way of conciliation and arbitration.

1. The State shall uniformly manage human resources and labour sources in

accordance with law and shall formulate policies to increase and apportion

human resources and to develop various forms of labour utilization and

employment introduction.

2. The State shall provide guidelines for employees and employers to

establish harmonious and stable labour relationships for the purpose of

mutual co-operation in the development of businesses.

The State shall, in order to achieve highly efficient management of labour and

production within businesses, encourage democratic, fair and civilized labour

management and all measures which increase an employee's interest in the

efficiency of the business, including bonuses in the form of profit-sharing.

The State shall formulate policies which enable an employee to purchase shares

and contribute capital for the development of a business.

Trade unions shall, in conjunction with State bodies and economic and social

organizations, look after and protect the rights of employees; and inspect and

supervise the implementation of the provisions of the laws on labour.

CHAPTER II

Any labour activity which creates a source of income and which is not prohibited

by law shall be recognized as employment.

The creation of employment for all who are able to work shall be the

responsibility of the State, enterprises, and the whole society.

1. The State shall determine a target number of new jobs in both its annual

and five-year social economic development plans. The State shall create

the necessary conditions, provide financial assistance and loans, reduce or

exempt payment of tax, and apply other incentive measures in order to

assist those who are able to work to find work, and to assist organizations,

entities, and individuals in all sectors of the economy to create and

develop new occupations for the purpose of creating employment for

many employees.

2. The State shall formulate preferential policies on creation of employment

in order to attract and use employees being ethnic minority people.

3. The State shall establish policies to encourage and create favourable

conditions for investment by domestic and foreign organizations and

individuals , including Vietnamese residing abroad, in the development of

business and production for the purpose of creating employment for

employees.

1. The Government shall establish national employment programmes and

investment projects for economic and social growth, and relocate people

to new economic zones in accordance with its job creation programmes;

establish a national employment fund with funds from the State Budget

and from other sources; and develop a network of employment

introduction agencies. The Government shall submit annually a national

employment programme and fund to the National Assembly.

2. People's committees of provinces and cities under central authority shall

establish local employment programmes and funds for submission to the

people's council at the same level for decision.

3. State bodies, economic organizations, mass organizations and social

organizations shall, within the scope of their respective duties and powers,

be responsible for participating in the implementation of employment

programmes and funds.

1. An employee shall have the right to be employed by any employer in any

location not prohibited by law. A person who is seeking work shall have

the right to make a direct approach or to register with an employment

introduction agency in order to find a job which matches his aspiration,

ability, trade skill, and health.

2. An employer shall have the right to recruit labour directly or through

employment introduction agencies, and to increase or reduce the number

of employees in accordance with production and business requirements

and in compliance with the provisions of the law.

1. Where, as a result of organizational restructuring or technological changes,

an employee who has been employed in the business for a period of

twelve (12) months or more becomes unemployed, the employer shall

have the responsibility to re-train and assign the employee to a new job; if

a new job cannot be created, the employer must pay an allowance for loss

of work equivalent to the aggregate amount of one month's wages for each

year of employment, but no less than two months' wages.

2. In cases where it is necessary to apply the retrenchment referred to in

clause 1 of this article to a number of employees, the employer must

publish a list thereof and, on the basis of business requirements, seniority,

skill, family conditions, and other factors of each employee, the employer

shall gradually retrench the employees after consulting and agreeing with

the executive committee of the trade union of the enterprise in accordance

with the procedure stipulated in clause 2 of article 38 of this Code.

Retrenchment shall only be permitted after notification of the local body

in charge of State administration of labour.

3. Business enterprises must establish a reserve for retrenchment payouts in

accordance with the provisions of the Government in order to ensure that

employees retrenched from their enterprises are paid in a timely manner.

4. In order to create favourable conditions for employees to find work or be

self-employed, the Government shall formulate policies and measures to

provide trade skills, re-training, business and production guidance, and

low interest loans from the national employment fund; it shall also

provide financial assistance to localities or branches which have high

unemployment or retrenchment rates due to organizational restructuring or

technological changes.

1. An employment service agency shall have a duty to provide consultancy

services, to introduce employment to workers, to supply and recruit labour

at the request of employers, and to collect and provide information on the

labour market, and other duties as provided by law.

The Government shall provide for the conditions and procedures for

establishment and operation of employment service agencies.

2. An employment service agency shall be permitted to collect fees, be

considered for tax reduction or exemption by the State, and organize trade

training in accordance with the provisions of Chapter III of this Code.

3. The Ministry of Labour, War Invalids and Social Affairs shall carry out

State administration of employment service agencies.

Any conduct which is intended to deceive workers or to use an employment

service as a means of breaching the law is strictly prohibited, including forms of

enticement, false promises, or false advertising.

CHAPTER III

1. Each person shall have the right to choose freely a trade and a place to

learn that trade in accordance with his work needs.

2. An enterprise, organization, or individual satisfying the conditions

stipulated by law shall be permitted to establish trade training centres.

The Government shall promulgate provisions on the establishment of

trade training centres.

1. A trade training centre must be registered and must operate in accordance

with the provisions on trade training. It shall be permitted to collect fees

and shall be subject to payment of tax in accordance with the provisions

of the law.

2. Trade training centres which cater for war invalids, injured soldiers, the

disabled, and ethnic minorities; those which are located in areas of high

unemployment and retrenchment; and those which teach traditional trades

in factories or at home shall be considered for tax exemption or reduction.

Students at a trade training centre must be at least thirteen (13) years of age,

except in the case of trades in respect of which the Ministry of Labour, War

Invalids and Social Affairs determines otherwise, and must be sufficiently healthy

to satisfy the requirements of the trade.

1. A business enterprise shall be responsible for arranging improvement of

the trade skills of its employees and for re-training employees who are

assigned to other jobs within the enterprise.

2. A business enterprise which recruits apprentices or trainees for a fixed

period specified in the apprenticeship or training contract shall not be

required to register, but shall be prohibited from collecting fees. The

training or apprenticeship period shall be included in the employment

period of an employee of the enterprise. Where a trainee or an apprentice

directly produces or participates in the production of products for the

enterprise during his training or apprenticeship period, he shall be paid a

wage at a rate agreed between the two parties.

1. Trade training must be accompanied by a written or oral contract entered

into between the student and the teacher of the trade or the representative

of the trade training centre. Where the trade training contract is in

writing, it must be made in duplicate with each party retaining a copy.

2. The main contents of a trade training contract must include the objective

of the training programme, the venue, the fee, the duration, and the

amount of compensation for breach of contract.

3. Where an enterprise recruits an apprentice to work in its operation, the

trade training contract must specify the term of employment and a

provision which guarantees the signing of a labour contract upon the

completion of the apprenticeship. If, after completion of the

apprenticeship, the apprentice refuses to continue working in accordance

with the contractual undertakings, he must pay compensation for the costs

of the apprenticeship.

4. Where the trade training contract terminates prior to expiry due to reasons

of force majeure, payment of compensation shall not be required.

Enterprises, organizations and individuals are strictly prohibited from exploiting

workers for self-interest motives, or enticing or compelling an apprentice or

trainee to carry out illegal activities, in the name of apprenticeship programmes or

trade training.

CHAPTER IV

A labour contract is an agreement between the employee and the employer on the

paid job, working conditions, and the rights and obligations of each party in the

labour relationship.

1. A labour contract shall be entered into in one of the following forms:

(a) An indefinite term labour contract:

An indefinite term labour contract is a contract in which the two

parties do not determine the term and the time for termination of

the validity of the contract;

(b) A definite term labour contract:

A definite term labour contract is a contract in which the two

parties determine the term and the time for termination of the

validity of the contract as a period of twelve (12) months to thirty

six (36) months;

(c) A labour contract for a specific or seasonal job with a duration of

less than twelve (12) months.

2. Where a labour contract stipulated in sub-clauses (b) and (c) of clause 1 of

this article expires and the employee continues to work, within a period of

thirty (30) days from the date of expiry of the contract, the two parties

shall enter into a new labour contract; if no new labour contract is entered

into, the signed contract shall become an indefinite term labour contract.

Where the two parties enter into a new labour contract which has a definite

term, they may only do so for one additional term; if the employee

continues to work after that, an indefinite term labour contract must be

entered into.

3. Parties are prohibited from signing specific or seasonal job labour

contracts for a term of less than twelve (12) months in respect of a job

which is regular and has a duration of twelve (12) months or more, except

in the case of the temporary replacement of an employee who has taken

leave of absence for military obligations, pregnancy, or other temporary

reasons.

A labour contract shall be entered into in writing and must be made in duplicate

with each party retaining one copy. An oral agreement may be entered into in

respect of certain temporary works which have a duration of less than three

months, and in respect of domestic servants. In the case of an oral agreement, the

parties must comply with the provisions of the Labour Code.

1. A labour contract must contain the following main provisions: work to be

performed, working hours and rest breaks, wages, location of job, duration

of contract, conditions on occupational safety and hygiene; and social

insurance for employee.

2. Where the whole or a part of a labour contract provides to the employee

less rights than those stipulated in the laws on labour, in the collective

labour agreement, or in the existing internal labour regulations of the

enterprise, or limits other rights of an employee, the whole contract or the

relevant part must be amended or added to accordingly.

3. Where a labour inspector discovers a contract with provisions as referred

to in clause 2 of this article, he shall provide guidelines for parties to

amend or add to the contract accordingly. Where the parties refuse to so

amend or add, the labour inspector shall have the right to compel the

deletion of such provisions; the rights, obligations and interests of the

parties shall be dealt with in accordance with law.

1. A labour contract shall be entered into directly between the employee and

the employer.

2. A labour contract may be signed by the employer and an employee who is

legally authorized to represent a group of employees. In this case, the

labour contract shall be enforceable and effective as if it were entered into

with each employee.

3. An employee may enter into one or more labour contracts with one or

more employers provided that he ensures full performance of the contracts

entered into.

4. The tasks stipulated in the labour contract must be carried out by the

person who has entered into such contract, and the transfer of such tasks

to another person without the approval of the employer is prohibited.

In cases where an enterprise merges, consolidates, divides, separates, or transfers

ownership of, right to manage, or right to use the assets of the enterprise, the

succeeding employer shall be responsible to continue performance of the labour

contract of the employee. In the case where all available employees are unable to

be utilized, there must be a plan for labour usage in accordance with law.

An employee whose labour contract is terminated pursuant to the provisions of this

article shall be entitled to an allowance for loss of work in accordance with clause 1 of

article 17 of this Code.

The employer and the employee shall agree on a trial period, the duration of the

trial, and the rights and obligations of the parties. The wage of the employee

during a trial period must be at least seventy (70) per cent of the wage for the

relevant rank of the job. The trial period shall not exceed sixty (60) days in

respect of works which require specialized or highly technical skills, or thirty (30)

days in respect of other works.

During a trial period, each party shall be entitled to terminate the trial job

agreement without giving advance notice and shall not be obliged to pay

compensation if the work performed does not satisfy the agreed requirements. If

and when the work performed satisfies the agreed requirements, the employer

must officially employ the employee as previously agreed.

1. A labour contract shall become effective from the date of signing or a date

agreed by the two parties or the date on which the employee commences

to work.

2. During the performance of a labour contract, a party requesting the

amendment of the contents of the contract must give at least three days

notice to the other party. Any amendment of the contents of a labour

contract may take place by way of amending or adding to the signed

labour contract or by entering into a new labour contract. Where the two

parties fail to agree on the amendment or addition, or on entering into a

new labour contract, the signed labour contract shall continue to be

performed or shall be terminated in accordance with clause 3 of article 36

of this Code.

1. In cases of unexpected difficulties or due to business production demand,

an employer may temporarily assign an employee to another job which is

not the occupation of the employee provided that the period of assignment

does not exceed sixty (60) days in one year.

2. In cases of a temporary assignment to a different job which is not the

occupation of the employee, an employer must give at least three days

notice to the employee, inform the employee of the duration of the

temporary assignment, and assign a job which is suitable to the health and

gender of the employee.

3. Where an employee is temporarily assigned to another job as stipulated in

clause 1 of this article, the employee shall be paid a wage at a rate

appropriate to the new job. Where the wage rate of the new job is less

than that of the previous job, the employee shall be entitled to receive the

previous wage for a period of thirty (30) days. The new wage shall be

equal to at least seventy (70) per cent of the previous wage, but not less

than the minimum wage stipulated by the State.

1. The performance of a labour contract may be suspended in any of the

following circumstances:

(a) The employee is required for military service or other civic

obligations as determined by the law;

(b) The employee is detained or is held temporarily in prison;

(c) In other circumstances agreed by both parties.

2. Where a labour contract is suspended in the cases stipulated in sub-clauses

(a) and (c) of clause 1 of this article, the employer must re-employ the

employee at the end of the period of suspension.

3. Where a labour contract is suspended due to the employee being detained

or held temporarily in prison, the re-employment of the employee shall be

determined by the Government.

A labour contract shall be terminated in the following circumstances:

1. The expiry of the contract;

2. The tasks stated in the contract have been completed;

3. Both parties agree to terminate the contract;

4. The employee is sentenced to serve a jail term or is prevented from

performing his former job in accordance with a decision of a court;

5. The employee dies or is declared missing by a court.

1. An employee working under a definite term labour contract with a

duration of twelve (12) months to thirty six (36) months or a labour

contract for a seasonal or specific job with a duration of under twelve (12)

months shall have the right to terminate unilaterally the contract prior to

expiry of such duration in the following circumstances:

(a) The employee is not assigned to the correct job or work place or

ensured the work conditions as agreed in the contract;

(b) The employee is not paid in full or in time the wages due as agreed

in the contract;

(c) The employee is maltreated or is subject to forced labour;

(d) Due to real personal or family difficulties, the employee is unable

to continue performing the contract;

(dd) The employee is elected to full-time duties in a public office or is

appointed to a position in a State body;

(e) A female employee is pregnant and must cease working on the

advice of a doctor;

(g) Where an employee suffers illness or injury and remains unable to

work after having received treatment for a period of three

consecutive months in the case of a definite term labour contract

with a duration of twelve (12) months to thirty six (36) months, or

for a quarter of the duration of the contract in the case of a labour

contract for a specific or seasonal job with a duration of less than

twelve (12) months.

2. When unilaterally terminating a labour contract pursuant to the provisions

of clause 1 of this article, the employee must give the employer:

(a) In the circumstances stipulated in sub-clauses (a), (b), (c) and (g):

at least three days notice;

(b) In the circumstances stipulated in sub-clauses (d) and (dd): at least

thirty (30) days in the case of a definite term labour contract with a

duration of twelve (12) months to thirty six (36) months; at least

three days in the case of a labour contract for a seasonal or specific

job with a duration of less than twelve (12) months;

(c) In the circumstances stipulated in sub-clause (e): notice in

accordance with the period stipulated in article 112 of this Code.

3. An employee who is a party to an indefinite term labour contract has the

right to terminate unilaterally the contract provided that he gives the

employer at least forty five (45) days notice; an employee who suffers

illness or injury and has received treatment for a period of six consecutive

months shall give at least three days notice.

1. An employer shall have the right to terminate unilaterally a labour contract

in the following circumstances:

(a) The emp loyee repeatedly fails to perform the work in accordance

with the terms of the contract;

(b) An employee is disciplined in the form of dismissal in accordance

with the provisions of article 85 of this Code;

(c) Where an employee suffers illness and remains unable to work

after having received treatment for a period of twelve (12)

consecutive months in the case of an indefinite term labour

contract, or six consecutive months in the case of a definite term

contract with a duration of twelve (12) months to thirty six (36)

months, or more than half the duration of the contract in the case of

a contract for a specific or seasonal job. Upon the recovery of the

employee, the employer shall consider the continuation of the

labour contract;

(d) The employer is forced to reduce production and employment after

trying all measures to recover from a natural disaster, a fire, or

another event of force majeure as stipulated by the Government;

(dd) The enterprise, body, or organization ceases operation.

2. Prior to the unilateral termination of a labour contract pursuant to subclauses

(a), (b) and (c) of clause 1 of this article, the employer must

discuss and reach an agreement with the executive committee of the trade

union of the enterprise. Where there is a disagreement, the two parties

must submit a report to the competent body or organization. After a

period of thirty (30) days from the date of notification of the local body in

charge of State administration of labour, the employer shall have the right

to make a decision and shall be responsible for such decision. Where

disagreeing with the decision of the employer, the executive committee of

the trade union of the enterprise and the employee shall have the right to

request the resolution of a labour dispute in accordance with the procedure

stipulated by the law.

3. When unilaterally terminating a labour contract, except in the circumstances

stipulated in sub-clause (b) of clause 1 of this article, the employer must give

notice to the employee:

(a) at least forty five (45) days in the case of an indefinite term labour

contract;

(b) at least thirty (30) days in the case of a definite term contract with a

duration of twelve (12) months to thirty six (36) months;

(c) at least three days in the case of a contract for a specific or seasonal

job with a duration of less than twelve (12) months.

An employer shall not be permitted to terminate unilaterally a labour contract in

any of the following circumstances:

1. The employee is suffering from illness or injury caused by a work-related

accident or occupational disease and is being treated or nursed on the

advice of a doctor, except in the cases stipulated in sub-clauses (c) and (d)

of clause 1 of article 38 of this Code;

2. The employee is on annual leave, personal leave of absence, or any other

type of leave permitted by the employer;

3. The employee is a female referred to in the cases stipulated in clause 3 of

article 111 of this Code.

Each party may withdraw its unilateral termination of a labour contract at any

time prior to expiry of the notice period for termination. Upon expiry of the

notice period, each party shall have the right to terminate the labour contract.

1. Where an employer unlawfully unilaterally terminates a labour contract,

he must re-employ the employee for the position stipulated in the signed

contract and must pay compensation equal to the amount of wages and

wage allowances (if any) for the period the employee was not allowed to

work, plus at least two mo nths' wages and wage allowances (if any).

Where the employee does not wish to return to work, the employee shall

be paid the allowance stipulated in article 42 of this Code in addition to

compensation as provided for in the first paragraph of this clause 1.

Where the employer does not wish to re-employ the employee and the

employee so agrees, in addition to the compensation provided for in the first

paragraph of this clause and the allowance stipulated in article 42 of this

Code, the two parties shall agree on an additional amount of compensation

for the employee for the purpose of termination of the labour contract.

2. Where an employee unlawfully unilaterally terminates the labour contract,

he shall not be entitled to any severance allowance and must pay the

employer compensation equal to half of one month's wages and wage

allowances (if any).

3. Where an employee unilaterally terminates the labour contract, he shall be

liable for payment of compensation for costs of training (if any) in

accordance with the provisions of the Government.

4. Where a labour contract is unilaterally terminated in breach of the

provisions on giving advance notice, the party in breach shall pay

compensation to the other party in a sum equal to the wages which would

otherwis e have been paid to the employee for those days not notified.

1. Where the labour contract of an employee who has been regularly

employed in an enterprise or organization or with a body for twelve (12)

months or more is terminated, the employer must pay such employee a

severance allowance equal to the aggregate amount of half of one month's

wages for each year of employment plus wage allowances (if any).

2. Where a labour contract is terminated in accordance with the provisions of

sub-clauses (a) and (b) of clause 1 of article 85 of this Code, the employee

shall not be entitled to a severance allowance.

Within seven days from the date of termination of a labour contract, each party

shall be responsible for full payment of all sums outstanding to the other party.

In special cases, this period may be extended, but shall not exceed thirty (30)

days.

Where the enterprise is declared bankrupt, money relating to the rights of the

The employer shall state in writing the reasons for the termination of the labour

contract in the labour book and shall be responsible for returning the labour book

to the employee. Apart from the provisions in the labour book, the employer is

prohibited from providing any additional remark which might prevent the

employee from finding new employment.

CHAPTER V

employer in respect of working conditions and utilization of labour, and

the rights and obligations of both parties in respect of labour relations.

A collective agreement shall be negotiated and signed by the

representative of the labour collective and the employer based on the

principles of voluntary commitment and fairness, and shall be made

public.

2. The terms and conditions of the collective agreement must not be

inconsistent with the provisions of the laws on labour and other provisions

of the law.

The State encourages the parties to sign a collective agreement which

provides employees with more favourable conditions than those stipulated

in labour laws.

1. The negotiating representatives of the two parties to the collective

agreement shall be:

(a) The representative of the labour collective shall be the executive

committee of the trade union of the enterprise or a temporary trade

union organization;

(b) The representative of the employer shall be the director of the

enterprise, or a person authorized in accordance with the charter of

the enterprise or authorized in writing by the director of the

enterprise.

The number of representatives of the parties in the negotiation of a

collective agreement shall be agreed by both parties.

2. The representative who signs the collective agreement for the labour

collective shall be the chairman of the executive committee of the trade

union of the enterprise, or a person authorized in writing by the executive

committee. The representative who signs for the employer shall be the

director of the enterprise, or a person authorized in writing by him.

3. A collective agreement shall only be signed if the negotiated content of

such agreement is approved by more than fifty (50) per cent of the

members of the labour collective in the enterprise.

1. Each party shall have the right to request the signing of a collective

agreement and to propose its terms and conditions. Upon receiving the

request, the receiving party must accept to negotiate and must agree on a

commencement date for the negotiation no later than twenty (20) days

after receiving the request.

2. The principal provisions of the collective agreement shall include

undertakings of the parties in respect of employment and guarantee of

employment; working hours and rest breaks; salaries, bonuses, and

allowances; work limits; occupational safety and hygiene; and social

insurance for the employees.

1. The signed collective agreement must be made in four copies, of which:

(a) One shall be retained by the employer;

(b) One shall be retained by the executive committee of the trade union

of the enterprise;

(c) One shall be submitted to the higher trade union body by the

executive committee of the trade union of the enterprise;

(d) One shall be submitted by the employer to the body in charge of

State administration of labour of the province or city under central

authority where the head office of the enterprise is located for the

purpose of registration no later than ten (10) days after the date of

signing.

2. The collective agreement shall become effective as from the date agreed

by both parties and recorded in the agreement; in the absence of such

agreement, the collective agreement shall become effective from the date

of signing.

1. The collective agreement shall be deemed partially invalid if one or a

number of provisions in the agreement are contrary to provisions of the

law.

2. The collective agreement shall be deemed wholly invalid in any of the

following circumstances:

(a) The whole contents of the agreement are contrary to the law;

(b) The person signing the agreement was not fully authorized;

(c) The signing procedure was not strictly followed.

3. The body in charge of State administration of labour of the province or

city under central authority shall have the power to declare a collective

agreement to be partially or wholly invalid in accordance with clauses 1

and 2 of this article. In the case of collective agreements in the

circumstances stipulated in sub-clauses (b) and (c) of clause 2 of this

article, where the signed terms of the agreement are beneficial to the

employees, the body in charge of State administration of labour of the

province or city under central authority shall instruct the parties to re-draft

the agreement in accordance with the provisions of the law within ten (10)

days from the date of receipt of such instructions, or declare the agreement

void if the parties fail to re-draft it. The rights, obligations and interests of

the parties recorded in any agreement which is declared invalid shall be

dealt with in accordance with law.

1. After the collective agreement becomes effective, the employer must

notify all employees of the enterprise thereof. All employees, including

new employees who are employed after the signing of the agreement,

shall be responsible for full implementation of the collective agreement.

2. Where the rights stipulated in a signed labour contract of an employee are

less favourable than those provided for in the collective agreement, the

respective terms of the collective agreement must be complied with. All

labour regulations within the enterprise must be amended so that they are

consistent with the provisions of the collective agreement.

3. Where a party considers that the other party fails to perform fully the

provisions of the collective agreement or breaches the provisions of the

collective agreement, the first party has the right to request full

compliance with the agreement. Both parties must consider and resolve;

failing which, each party shall have the right to request resolution of the

collective labour dispute in accordance with the procedure stipulated by

law.

A collective agreement shall be signed for a duration of one to three years. When

an enterprise signs a collective agreement for the first time, the duration of the

collective agreement may be less than one year.

Each party shall have the right to request the amendment of or addition to the

collective agreement only after three months of implementation from the effective

date in respect of a collective agreement with a duration of less than one year, or

six months in respect of an agreement with a duration of one to three years. The

procedure for the amendment of or addition to a collective agreement shall be in

accordance with the signing procedure.

Prior to expiry of a collective agreement, both parties may negotiate the extension

of the duration of the existing collective agreement or enter into a new agreement.

Where the collective agreement expires during the negotiation process, it shall

continue to be effective and binding. If the negotiations between the parties are

still inconclusive three months after the expiry of the agreement, the collective

agreement shall automatically become invalid.

1. In cases where an enterprise merges, consolidates, divides, separates, or

transfers ownership of, right to manage, or right to use the assets of the

enterprise, the employer and the executive committee of the trade union

of the enterprise shall, based on the labour usage plan, consider the

continuance of performance of, amendment of or addition to the

collective agreement, or entering into a new one.

2. In cases where the validity of a collective agreement is terminated because

an enterprise ceases its operation, the interests of the employees shall be

dealt with in accordance with article 66 of this Code.

The employer shall be responsible for all expenses of the negotiation, signing,

registration, amendment of, addition to, and announcement of the collective

agreement.

The representatives of the labour collective shall be entitled to payment of wages

during the time of negotiation and signing of the collective agreement provided

that those representatives are employees paid by the enterprise.

The provisions of this Chapter shall govern the negotiation and signing of a

collective agreement for an entire industry.

CHAPTER VI

The wage of an employee shall be agreed by the two parties in the labour contract

and shall be paid in consideration of rate of production, and the quality and result

of the work performed. The wage of an employee must not be lower than the

minimum wage stipulated by the State.

The minimum wage is set on the basis of the cost of living of an employee who is

employed in the most basic job with normal working conditions, and includes

remu neration for the work performed and an additional amount for contribution

towards savings. The minimum wage shall be used as a basis for calculation of

the wages for other types of jobs.

Subject to consultation with the Vietnam General Confederation of Labour and

representatives of employers, the Government shall determine and promulgate

from time to time a general minimum wage, a minimum wage for each region,

and a minimum wage for each industry.

When the price index increases, resulting in the reduction of the real wages of

employees, the Government shall adjust the minimum wage to ensure the real

wages.

Subject to consultation with the Vietnam General Confederation of Labour and

representatives of employers, the Government shall stipulate the principles for

formulation of wage scales, wage tables and labour rates for the employer to

formulate and apply same in accordance with the production and business

conditions of the enterprise; and shall stipulate a wage scale and a wage table for

State owned enterprises.

Upon formulation of a wage scale, wage table and labour rates, the employer

must consult the executive committee of the trade union of the enterprise; the

wage scale and wage table must be registered with the body in charge of State

administration of labour of the province or city under central authority where the

head office of the enterprise is located and must be publicized within the

enterprise.

1. An employer shall have the right to select the method of payment of

wages: calculated by reference to time (hours, days, weeks, or months),

or on the basis of a product produced or a completed piece of work,

provided that the selected method is applied for a fixed period of time and

the employee is notified of the method.

2. An employee whose wage is calculated by reference to hours, days, or

weeks shall be paid at the end of the hour, day, or week, or such period as

agreed by the parties, provided that at least one payment of wage is made

every fifteen (15) days.

3. An employee whose wage is calculated by reference to months shall be

paid monthly or half-monthly.

4. An employee whose wage is calculated on the basis of a product produced

or a completed piece of work shall be paid in accordance with the

agreement reached between the two parties: where the work to be

performed is carried out over many months, the employee shall be entitled

to monthly payments in advance calculated on the amount of work

performed within the month.

1. An employee shall be entitled to receive his wage directly, in full, in a

timely manner, and at the place of work.

In special cases of late payment of wages, the employer must settle the

outstanding wage within one month and pay to the employee

compensation equal to at least the interest earned on the amount due

calculated by reference to the interest rate of saving deposits published by

the State Bank at the time when the wage is paid.

2. Payment of wages shall be made by way of cash. Both parties may agree

on payment in part by cheque or State currency note provided that the

employee does not suffer any loss or inconvenience.

1. An employee shall have the right to be aware of the reasons for any

deductions made from his wages. Prior to making any deduction, the

employer must discuss with the executive committee of the trade union of

the enterprise. Where there are deductions, the aggregate amount

deducted must not exceed thirty (30) per cent of the monthly wage.

2. An employer is prohibited from imposing fines and penalties by way of

deductions from wages of employees.

1. An employee who works overtime shall be paid according to the wage unit

price or wage of his current work as follows:

(a) On normal days, at a rate of at least one hundred and fifty (150) per

cent;

(b) On weekly days off, at a rate of at least two hundred (200) per cent;

(c) On holidays and paid leave days, at a rate of at least three hundred

(300) per cent.

When working overtime at night, he shall also be paid an additional

amount in accordance with the provisions of clause 2 of this article.

Where an employee is allowed time off for the additional hours worked,

the employer shall only be required to pay the difference between the

overtime rate and the wage as calculated according to the wage unit price

or wage of the current work of normal working days.

2. An employee who works at night as referred to in article 70 of this Code

shall be paid an additional amount of at least thirty (30) per cent of the

wage calculated according to the wage unit price or day shift wage of the

current work.

In cases where the employee has to cease working, he shall be paid as follows:

1. If due to the fault of the employer, the employee shall be entitled to

payment of the full wage;

2. If due to the fault of the employee, that employee shall not be entitled to

payment of wage; other employees in the same unit who have to also

cease work shall be paid wages agreed on by the two parties provided that

those wages are not less than the minimum wage;

3. If there is a breakdown in electricity or water through no fault of the

employer, or due to reasons of force majeure, the level of wages shall be

agreed on by the two parties but shall not be less than the minimum wage.

Allowances, bonuses, movements up on the wage scale, and other incentives may

be agreed in the labour contract, collective agreement, or the regulations of the

enterprise.

Based on the annual production and business results of an enterprise and the

performance of employees, the employer shall pay bonuses to employees working

for the enterprise.

The regulations on bonuses shall be decided by the employer after consulting the

executive committee of the trade union of the enterprise.

1. Where a contractor's foreman or equivalent intermediary is used, the

employer who is the principal owner must have a list of the names and

addresses of such persons accompanied by a list of their employees, and

must ensure that their activities comply with the provisions of the law on

payment for labour, and occupational safety and hygiene.

2. In cases where a contractor's foreman or an equivalent intermediary fails

to pay, or pay in full, the wages, or to ensure other interests of employees,

the employer who is the principal owner must be responsible for the full

payment of wages to, and for ensuring such interests of, the employees.

In this case, the employer who is the principal owner shall have the right

to request compensation from the contractor's foreman or equivalent

intermediary, or request a competent State body to resolve the dispute in

accordance with the provisions of the law.

In cases where an enterprise merges, consolidates, divides, separates, or transfers

ownership of, right to manage, or right to use the assets of the enterprise, the

succeeding employer shall be responsible for payment of wages and other benefits

to the employees transferred from the previous enterprise(s). Where an enterprise

becomes bankrupt, wages, retrenchment allowances, social insurance and other

benefits of employees under the signed labour contracts and collective agreement

shall be the first liability in the order of priority for payment.

1. Where an employee or his family faces difficulties, the employee shall be

entitled to an advance in wages in accordance with the conditions agreed

by both parties.

2. The employer shall advance wages to an employee who is temporarily

absent from work due to citizen's obligations.

3. Payments of wages in advance to employees who are detained or held

temporarily in prison shall be determined by the Government.

CHAPTER VII

SECTION I

Working Hours

1. Working hours shall not exceed eight hours per day or forty eight (48)

hours per week. An employer shall have the right to determine the

working hours on a daily or a weekly basis provided that the employees

are notified in advance.

2. The daily working hours shall be reduced by one or two hours for workers

who perform extremely heavy, dangerous, or toxic works as stipulated in

a list issued by the Ministry of Labour, War Invalids and Social Affairs

and the Ministry of Health.

An employer and an employee may agree on additional working hours provided

that the number of additional hours worked is no more than four hours a day or

two hundred (200) hours annually, except in a number of special cases where the

number of additional hours worked is no more than three hundred (300) hours

annually as stipulated by the Go vernment after consulting the Vietnam General

Confederation of Labour and representatives of employers.

Nightshift hours are from 10.00 pm to 6.00 am or from 9.00 pm to 5.00 am

depending on geographical climatic regions as determined by the Go vernment.

SECTION II

Rest Breaks and Holidays

1. An employee who works for eight hours consecutively shall be entitled to

a break of at least half an hour which shall be included in the number of

hours worked.

2. An employee who works nightshift shall be entitled to a break of at least

forty five (45) minutes which shall be included in the number of hours

worked.

3. An employee who works in shifts shall be entitled to a break of at least

twelve hours between each shift.

1. In every week, each employee shall be entitled to a break of at least one

day (twenty four consecutive hours).

2. An employer may arrange for the weekly day off to fall on a Sunday or

another specified day of the week.

3. Where, due to the nature of the work, it is impossible for the employees to

have a weekly day off, the employer must ensure that the employees on

average have at least four days off in a month.

An employee shall be entitled to have fully paid days off on the following public

holidays:

calendar year);

first three days of the new Lunar year);

year);

year).

Where the public holidays referred to above coincide with a weekly day off, the

employee shall be entitled to take the following day off also.

1. An employee who has been employed in an enterprise or by an employer

for twelve (12) months shall be entitled to fully paid annual leave as

follows:

(a) Twelve (12) working days shall apply to employees working in

normal working conditions;

(b) Fourteen (14) working days shall apply to persons working in

heavy, dangerous, or toxic jobs, or in places with harsh living

conditions, and to persons under the age of eighteen (18) years;

(c) Sixteen (16) working days shall apply to persons working in

extremely heavy, dangerous, or toxic jobs, or in heavy, dangerous,

or toxic jobs in places with harsh living conditions.

2. Travelling time not included in the annual leave shall be determined by the

Government.

The number of days of annual leave shall be increased according to the period of

employment in an enterprise or with an employer by one additional day for every

five years of employment.

1. Subject to consultation with the executive committee of the trade union of

an enterprise, an employer shall have the right to determine a timetable for

the annual leave of employees provided that everyone in the enterprise is

notified in advance.

2. An employee may reach an agreement with the employer on taking annual

leave in instalments. Persons who work in distant and remote regions

may, if they so request, combine two annual leaves together, or where

three annual leaves are desired to be taken at one time, the approval of the

employer must be obtained.

3. An employee of an enterprise who, due to employment termination or for

some other reason, fails to take his annual leave or has not used up all his

annual leave shall be paid wages for those days not taken.

1. When taking annual leave, an employee may be paid in advance an

amount equal to at least the wages for the leave days. Travel expenses and

wages paid during travel shall be agreed by the parties.

2. An employee whose period of emp loyment is less than twelve (12) months

shall be entitled to annual leave of a duration calculated in proportion to

the period of employment and may receive payment in lieu.

SECTION III

An employee may take fully paid leave of absence for personal reasons in the

following circumstances:

1. Marriage: for three days;

2. Marriage of his children: for one day;

3. Death of a parent (including a parent of his spouse), spouse, or child: for

three days.

An employee may agree with the employer on leave of absence without pay.

SECTION IV

The working hours and rest breaks for workers working offshore, in mines, or in

other jobs with special characteristics shall be determined by the Government.

The working hours and rest breaks for workers working on a casual basis

(incomplete days or weeks) and on basis of completed piece of work shall be

determined by an agreement between the worker and the employer.

CHAPTER VIII

1. Labour rules are regulations governing compliance with time, technology,

and business and production management in the form of internal labour

regulations.

Internal labour regulations must not be contrary to the laws on labour and

other laws. Enterprises which employ ten (10) or more employees must

have internal labour regulations in writing.

2. Prior to proclaiming the internal labour regulations, the employer must

consult the executive committee of the trade union of the enterprise.

3. An employer must register the internal labour regulations document with

the body in charge of State administration of labour of the province or city

under central authority. The internal labour regulations shall be effective

as from the date of registration. No later than ten (10) days after the

receipt of the internal labour regulations, the body in charge of State

administration of labour of the province or city under central authority

must issue a notice of registration. If the body in charge of State

administration of labour of the province or city under central authority

fails to issue such notice after the expiry of the period referred to above,

the internal labour regulations shall automatically become effective.

1. The internal labour regulations must include the following main contents:

(a) Working hours and rest breaks;

(b) Rules and order in the enterprise;

(c) Occupational safety and hygiene in the work place;

(d) Protection of assets and confidentiality of technology and business

secrets of the enterprise;

(dd) Conduct which is in breach of labour rules and penalties imposed

for those breaches, and responsibility for damage.

2. The internal labour regulations must be notified to each employee and the

main rules must be posted at necessary locations within the enterprise.

1. A person who breaches labour rules shall, depending on the seriousness of

the breach, be dealt with in one of the following manners:

(a) Reprimand;

(b) Extension of the period for wage increase to no more than six

months or transfer to another position with a lower wage for a

maximum period of six months, or removal from office;

(c) Dismissal.

2. Dealing with one breach of labour rules by multiple forms of penalty is

prohibited.

1. Dismissal shall only be applied as a means of penalty in the following

circumstances:

(a) Where an employee commits an act of theft, embezzle ment,

disclosure of business or technology secrets, or other conduct

which is seriously detrimental to the assets or well-being of the

enterprise;

(b) Where an employee who is disciplined by extension of the period

for wage increase or transfer to another position re-commits an

offence during the period when he is on trial or re-commits an

offence after he is disciplined in the form of removal from office;

(c) Where an employee takes an aggregate of five (5) days off in one

month or an aggregate of twenty (20) days off in one year on his

own will without proper reasons.

2. After dismissing an employee, the employer must notify the body in

charge of State administration of labour of the province or city under

central authority.

The limitation period for dealing with a breach of labour rules shall not exceed

three months from the date the breach occurred, and shall not exceed six months

in special cases.

1. When dealing with breaches of labour rules, the employer must be able to

prove the employee's fault.

2. An employee shall have the right to represent himself or employ the

service of a lawyer, a public defence counsellor, or a representative.

3. When examining and dealing with a breach of labour rules, the concerned

party and a representative of the executive committee of the trade union of

the enterprise must be present for participation.

4. Minutes must be prepared of hearings which examine and deal with

breaches of labour rules.

1. An employee who is reprimanded and an employee who has been

disciplined by extension of the period for wage increase or transfer to

another position shall, after three and six months respectively from the

date the breach is dealt with, be automatically cleared of all charges if no

further offence is committed.

2. An employee who was disciplined by extension of the period for wage

increase or transfer to another position and who has observed half of the

term of the discipline shall be considered by the employer for a reduction

of such term provided that he shows improvement.

An employee who damages tools and equipment or whose conduct causes

damage to the assets of the enterprise shall be liable for payment of compensation

in accordance with the provisions of the law for the damage caused. Where the

damage is not serious and is due to carelessness, the maximum amount of

compensation shall be limited to three months' wages and shall be deducted

gradually from wages in accordance with the provisions of article 60 of this Code.

An employee who loses tools, equipment, or other assets assigned to him by the

enterprise, or uses materials at an excessive rate must, depending on the nature of

each case, compensate the enterprise with an amount for the whole or a part of the

asset at the market price. In cases where a contract of responsibility has been

signed by the parties, the amount of compensation must be in accordance with

the contract of responsibility. In cases of force majeure, no compensation shall

be required.

The order and procedure for dealing with compensation for damage referred to in

articles 89 and 90 shall be governed by the provisions of articles 86 and 87 of this

Code.

1. Provided that the executive committee of the trade union of the enterprise

is consulted, an employer shall have the right to suspend temporarily an

employee from working if the employer considers that the breach

committed is complex in nature and that any further work carried out by

the employee may jeopardize the investigation.

2. The period of temporary suspension shall not exceed fifteen (15) days, or

three months in special circumstances. During that period, the employee

shall be advanced fifty (50) per cent of the wage earned prior to the

temporary suspension.

Upon the expiry of the period of temporary suspension, the employee

must be allowed to resume his former work.

3. Where the employee is found guilty of a breach of labour rules, he shall

not be required to repay the amount of wage advanced to him.

4. Where the employee is found not guilty, the employer must pay the full

wage and allowances for the period of temporary suspension.

Where a person who is being disciplined, temporarily suspended from work, or

ordered to pay compensation in accordance with the regime on responsibility for

damage is not satisfied with the decision, he shall have the right to appeal to the

employer against the decision, or to appeal to an authorized body, or to request

resolution of a labour dispute in accordance with the procedure stipulated by law.

Where a competent body concludes that a decision made by an employer is

incorrect, the employer must withdraw such decision, apologize publicly, and

restore the honour and all material rights of the employee.

CHAPTER IX

1. An employer shall be responsible for the provision of sufficient protective

equipment and ensuring occupational safety and hygiene, and for the

improvement of work conditions in the work place. The employee must

comply with all occupational safety and hygiene regulations and the

internal labour rules of the enterprise. Any organization or individual

engaging in labour activities or production must comply with the laws on

occupational safety and hygiene and environment protection.

2. The Government shall establish national programmes on labour protection

and occupational safety and hygiene in its socio-economic development

plans and State Budget; it shall invest in scientific research and shall

provide assistance for establishments which manufacture tools and

equipment for occupational safety, hygiene, and personal protection; and

it shall promulgate provisions on the regime of standards and procedures

for occupational safety and hygiene.

3. The Vietnam General Confederation of Labour shall participate with the

Government in preparing national programmes on labour protection and

occupational safety and hygiene, in the preparation of scientific research

programmes, and in the preparation of laws on labour protection and

occupational safety and hygiene.

1. Where an enterprise wishes to construct a new establishment, or expand or

renovate an existing establishment, for the purposes of production or

utilization, preservation, storage, or receipt of machinery, equipment,

materials, or items which have strict requirements for occupational safety

and hygiene, it must prepare a feasibility study outlining measures to be

taken to ensure occupational safety and hygiene in the work place of

employees and the surrounding environment in accordance with the

provisions of the law.

A list of machinery, equipment, materials, or items which have strict

requirements for occupational safety and hygiene shall be issued by the

Ministry of Labour, War Invalids and Social Affairs and the Ministry of

Health.

2. The production, usage, storage, or transportation of machinery, equipment,

materials, energy, electricity, chemicals, plant protection substances, and

the change of technology or importation of new technology must be

carried out in accordance with occupational safety and hygiene standards.

Machinery, equipment, materials, and items which have strict

requirements for occupational safety and hygiene must be registered and

verified in accordance with regulations of the Government.

An employer must ensure that the work place satisfies the requirements of space,

ventilation, lighting, and hygiene standards, such as dust, steam, toxic gas,

radioactivity, electromagnetic field, heat, humidity, noise, vibration, and other

detrimental factors. Such factors must be inspected and measured on a regular

basis.

1. The employer must, on a regular basis, inspect, maintain, and repair

machinery, equipment, plants and buildings, and storage facilities in

accordance with occupational safety and hygiene standards.

2. The employer must have adequate protection for parts which may easily

cause dangers and sections of machinery and equipment within the

enterprise. In work places and in places where there is machinery and

equipment, or dangerous or toxic factors, the employer must install

preventive measures for cases of breakdown, and instructions on

occupational safety and hygiene in locations where they can be easily

noticed and read.

1. In the event that a work place, machinery or equipment poses a danger of

causing a work-related accident or occupational disease, the employer

must immediately implement preventive measures or issue an order to

cease the operations in that work place or the operation of that machinery

or equipment until the danger is under control.

2. An employee shall have the right to refuse to work or to leave the work

place where there is an obvious and serious danger to his life or health,

and must immediately report the danger to his direct superior. An

employer must not force an employee to continue working or to return to

the work place if the danger is not yet overcome.

In a work place which contains dangerous or toxic elements and has a high risk of

work-related accident, an employer must equip such place with suitable technical

and medical facilities and protective equipment to ensure a timely response to any

breakdown or occupational accident which may occur.

Employees who work in dangerous or toxic jobs must be provided with sufficient

personal protective facilities.

The employer must ensure that all personal protective facilities meet the quality

standards and criteria stipulated by law.

When recruiting and organizing employees, an employer must take into account

the stipulated health criteria in respect of each job, and must organize the training,

instructing, and notification of employees of occupational safety and hygiene

regulations, preventive measures, and possible accidents which might occur for

each particular job of each employee.

An employee must have his health examined during recruitment and, on a regular

basis, during employment in accordance with the stipulated regime. The

expenses of the health examination of the employee shall be borne by the

employer.

Enterprises shall be responsible for organizing health care for employees and for

implementation of first aid and emergency actions when required.

Persons working in dangerous or toxic environments shall be compensated in

kind and be entitled to the regime of preferential treatment in respect of working

hours and rest breaks in accordance with the provisions of the law.

An employer must provide employees working in poisonous or contaminated

environments with personal decontamination or disinfectant facilities for use after

work.

Work-related accidents are accidents which injure any bodily parts or functions of

an employee, or cause the death of the employee during the process of working

and closely relating to performing the work or labour activity.

An employee who is injured in a work-related accident must be treated

immediately and be fully attended to. The employer must take full responsibility

for the occurrence of the work-related accident in accordance with the provisions

of the law.

Occupational disease is a disease contracted by the employee from working in a

harmful environment. After consultation with the Vietnam General

Confederation of Labour and representatives of employers, the Ministry of Health

and the Ministry of Labour, War Invalids and Social Affairs shall issue a list of

types of occupational diseases.

A person suffering from an occupational disease must be fully treated and have

his health examined on a regular basis with separate medical records.

1. A person who has become disabled as a result of a work-related accident

or occupational disease shall be medically assessed for classification of

his disability, or to determine the reduction in his ability to work, and

shall be rehabilitated. Where the employee continues to work, he shall be

employed in a job which is appropriate to his health as determined by the

report of the labour medical assessment council.

2. The employer must bear all medical expenses incurred from the time of

the first aid or emergency treatment to the completion of the medical

treatment in respect of an employee who was injured in a work-related

accident or contracted an occupational disease. The employee shall be

entitled to the regime on social insurance for work-related accidents and

occupational diseases. If an enterprise has not participated in compulsory

social insurance, the employer shall be obliged to pay the employee an

3. An employer shall be responsible for payment of compensation equal to at

least thirty (30) months' wages and wage allowance (if any) for an

employee whose ability to work has been reduced by eighty one (81) per

cent or more, or for the relatives of an employee who has died as a result

of a work-related accident or occupational disease which is not caused by

the fault of the employee. Where an employee is at fault, the entitlement

to payment of compensation shall be at least equal to twelve (12) months'

wages and wage allowance (if any).

The Government shall provide for the responsibility of employers and the

rate of compensation for work-related accidents or occupational diseases

for employees whose ability to work has been reduced by from five to less

than eighty one (81) per cent.

All work-related accidents and cases of occupational disease must be declared,

investigated, recorded, statistically noted, and reported on a regular basis in

accordance with the provisions of the law.

All conduct which intends to conceal or to declare or report falsely a work-related

accident or occupational disease is strictly prohibited.

CHAPTER X

1. The State shall ensure that the right to work of women is equal in all

aspects to that of men. It shall establish policies to encourage employers

to create conditions for women to work on a regular basis and apply

widely the regime of flexible working time, part-time and casual

employment and working from home.

2. The State shall progressively establish policies and implement measures to

expand employment opportunities, improve working conditions, increase

professional level, improve health, and strengthen the material and

spiritual welfare of female workers for the purposes of assisting female

workers to achieve their professional potential effectively and to combine

harmoniously work and family life.

1. State bodies shall be responsible for the expansion of various forms of

training which are favourable to female workers in order to enable women

to gain an additional skill or trade and to facilitate the employment of

female workers suitable to their biological and physiological

characteristics as well as their role as a mother.

2. The State shall establish policies on preferential treatment and reduction of

taxes for enterprises which employ a high number of female employees.

1. Employers are strictly prohibited from conduct which is discriminatory

towards a female employee or conduct which degrades the dignity and

honour of a female employee.

An employer must implement the principle of equality of males and

females in respect of recruit ment, utilization, wage increases, and wages.

2. An employer must give preference to a female who satisfies all

recruitment criteria for a vacant position which is suitable to both males

and females in an enterprise.

3. An employer is prohibited from dis missing a female employee or

unilaterally terminating the labour contract of a female employee for

reason of marriage, pregnancy, taking maternity leave, or raising a child

under twelve (12) months old, except where the enterprise ceases its

operation.

During pregnancy, maternity leave, or raising a child under twelve (12)

months old, a female employee shall be entitled to postponement of

unilateral termination of her labour contract or to extension of the period

of consideration for labour discipline, except where the enterprise ceases

its operation.

Where there is a doctor's certificate which states that continued employment

would adversely affect her foetus, a pregnant female employee may unilaterally

terminate the labour contract and shall not be liable for payment of compensation

stipulated in article 41 of this Code. In such cases, the period in which the female

employee must give notice to the employer shall depend on the period determined

by the doctor.

1. An employer mu st not assign a female employee to heavy or dangerous

work, or work requiring contact with toxic substances, which has adverse

effects on her ability to bear and raise a child, in accordance with the list

issued by the Ministry of Labour, War Invalids and Social Affairs and the

Ministry of Health.

Enterprises which currently employ female employees for the above work

must formulate plans to train and gradually transfer those female

employees to other suitable work. These enterprises must also carry out

measures to protect the health of female workers, improve working

conditions, or reduce the number of working hours.

2. Irrespective of her age, an employer must not employ a female to work

regularly in mines or in deep water.

1. A female employee shall be entitled to maternity leave prior to and after

the birth of her child for a total period of four to six months as determined

by the Government on the basis of the working conditions and nature of

the work, whether the work is heavy, harmful, or in remote locations.

Where a female gives birth to more than one child at one time, she shall be

entitled to an additional thirty (30) days leave for every additional child

calculated from the second child onwards. The rights and benefits of a

female employee during her maternity leave shall be as stipulated in

articles 141 and 144 of this Code.

2. Where required and with the agreement of the employer, a female

employee may take additional leave without pay at the end of the

maternity leave stipulated in clause 1 of this article. Provided that the

employer is given notice, a female employee may return to work prior to

the expiry of her maternity leave if she has at least two months rest after

birth and a doctor's certificate confirming that early resumption of work

does not affect her health. In such case, the female employee shall still be

entitled to the maternity leave allowance as well as the normal wages for

the days worked.

1. An employer must not allow a female employee who is seven months or

more pregnant or currently raising a child under twelve (12) months old to

work overtime or at night or to go on business trips to distant locations.

2. A female employee who is employed in heavy work and is in her seventh

month of pregnancy shall be either transferred to lighter duties or entitled

to work one hour less every day and still receive the same wage.

3. During her menstruation, a female employee shall be entitled to a break of

thirty (30) minutes every day, and during the period of raising a child

under twelve (12) months old, a female employee shall be entitled to a

break of sixty (60) minutes every day, and still receive the same wage.

1. Enterprises which employ female employees must have female changing

rooms, shower facilities and toilets.

2. Enterprises which employ a high number of female employees shall be

responsible for assisting the organization of child care centres and

kindergartens or for assisting with a portion of the costs of female

employees with children of nursing or kindergarten age.

1. When taking leave of absence to attend pregnancy examinations; to carry

out family planning programmes or to have medical treatment for

miscarriage; to attend to a sick child under seven years of age; or to adopt

a newborn baby, a female employee shall be entitled to social insurance

benefits or to be paid by the employer a sum equal to the amount of social

insurance benefits. The duration of the leave of absence and the

allowance entitlement provided for in this clause shall be determined by

the Government. Where another person looks after the sick child instead

of the mother, the mother shall still be entitled to social insurance benefits.

2. At the end of normal maternity leave, or maternity leave with additional

unpaid days off, a female employee shall be guaranteed employment upon

her return to work.

1. In enterprises where a high number of female employees are employed, a

member of management of the enterprise must be assigned the duty of

monitoring all issues relating to female employees. Where a decision is

made which affects the rights and benefits of females or children, the

representative of the female employees must be consulted.

2. Within the labour inspection team, an appropriate proportion must be

female inspectors.

CHAPTER XI

SECTION I

1. Junior workers are workers under the age of eighteen (18) years.

Enterpris es which employ junior workers must establish separate records

containing the full names, dates of birth, current employment positions,

and regular health reports of the junior workers, and must produce these

records upon request by a labour inspector.

2. Any abuse of junior workers is strictly prohibited.

Employment of persons under the age of fifteen (15) years is prohibited, except in

a number of trades and occupations stipulated by the Ministry of Labour, War

Invalids and Social Affairs.

In trades and occupations where the employment of persons under the age of

fifteen (15) years for work, training, or apprenticeship is permitted, there must be

approval of and monitoring by the parents or guardian.

An employer shall only be permitted to employ a junior worker in jobs which are

suitable to the health of the junior worker to ensure the development and growth

of the worker's body, mind, and personality. An employer shall have the

responsibility of looking after the interests of the junior worker in respect of

labour, wages, health, and training during the working process.

It is prohibited to employ junior workers in heavy or dangerous work, or work

requiring contact with toxic substances, or work or workplaces which have

adverse effects on their personality as stipulated in a list issued by the Ministry of

Labour, War Invalids and Social Affairs and the Ministry of Health.

1. The normal working hours of a junior worker shall not exceed seven (7)

hours per day or forty two (42) hours per week.

2. An employer shall only be permitted to employ junior workers for

overtime or nightshift work in a number of trades and occupations

stipulated by the Ministry of Labour, War Invalids and Social Affairs.

SECTION II

Senior employees are employees over the age of sixty (60) years in the case of

males and fifty five (55) years in the case of females.

During the final year prior to retirement, a senior employee shall be entitled to

reduce the numb er of working hours in a day or to request casual or part-time

employment in accordance with the provisions of the Government.

1. If required, an employer may reach an agreement with a senior employee

on the extension of the labour contract or the signing of a new labour

contract in accordance with the provisions of Chapter IV of this Code.

2. Where a retiree continues to work pursuant to a new labour contract, the

senior employee shall, in addition to the benefits under the retirement

regime, be entitled to the benefits agreed in the labour contract.

3. An employer shall be responsible for taking care of the health of a senior

employee and is prohibited from assigning a senior employee to heavy or

dangerous work, or work requiring contact with toxic substances which

might have adverse effects on the health of the senior employee.

SECTION III

1. The State shall protect the right to work of the disabled and encourage the

recruitment of and creation of jobs for the disabled. The State shall

annually set aside funds in the budget in order to assist the disabled to

recover from their disability or to regain their ability to work, or to train

the disabled, and shall formulate policies to provide low interest loans to

the disabled for them to create self-employment and stabilize their own

lives.

2. Enterprises which recruit disabled persons for apprenticeship shall, for the

purpose of facilitating the disabled in their apprenticeship, be considered

for tax reduction or low interest loans, and other preferential treatment.

3. The Government shall determine the proportion of disabled employees

which business enterprises must recruit in certain trades and occupations;

where such enterprises do not employ disabled workers, they must pay a

levy as stipulated by the Government into an employment fund in order to

assist in the employment of disabled workers. An enterprise which

recruits more disabled employees than the stipulated proportion shall be

provided with State grants or low interest loans to enable the creation of

suitable working conditions for disabled employees.

4. The number of working hours of the disabled must not exceed seven (7)

hours in a day or forty two (42) hours in a week.

Trade training centres and business production establishments which cater

specifically for the disabled shall be provided with initial assistance in the form of

buildings, schools, classes, furniture, equipment, and tax exemptions and low

interest loans.

1. An enterprise which trains or employs disabled workers must comply with

provisions on suitable working conditions, special tools and equipment,

and occupational safety and hygiene for the disabled, and must take

regular care of the health of disabled employees.

2. It is prohibited to allow a disabled person whose ability to work has been

reduced by fifty one (51) per cent or more to work overtime or at night.

3. An employer is prohibited from assigning disabled workers to heavy or

dangerous work, or work requiring contact with toxic substances as

stipulated in a list issued by the Ministry of Labour, War Invalids and

Social Affairs and the Ministry of Health.

An employee who is a war invalid or injured soldier shall, in addition to the rights

and benefits stipulated in the articles of this Section, be entitled to State

preferential treatment reserved for war invalids and injured soldiers.

SECTION IV

1. A worker who has specialized or highly technical skills shall have the

right to do a number of jobs or hold a number of positions on the basis of

entering into a number of labour contracts with a number of employers

provided that he is able to ensure full performance of all labour contracts

signed and notifies the employer(s).

2. An employee shall enjoy rights and have obligations with respect to any

inventions, utility solutions, industrial designs or other objects of industrial

property created or jointly created by him in the process of implementation

of his labour contract in accordance with the laws on industrial property

and the signed contract.

3. An employee who has specialized or highly technical skills shall have the

right to take long leave of absence without wages or with a portion of the

normal wages for the purposes of scientific research or study to improve

his knowledge and still maintain his current employment position pursuant

to an agreement reached with the employer.

4. An employee who has specialized or highly technical skills shall be given

priority in the application of the provisions of clauses 1 and 2 of article

124 of this Code.

5. Where an employee who has specialized or highly technical skills

discloses technological or business secrets of his employer, in addition to

being disciplined in accordance with the provisions of article 85 of this

Code, the employee shall also be liable for payment of compensation for

damage in accordance with the provisions of articles 89 and 90 of this

Code.

1. An employer shall be permitted to enter into a labour contract with any

person with specialized or highly technical skills, including State

employees, provided that the work is not prohibited by regulations on

employment.

2. Employees with specialized or highly technical skills shall enjoy

preferential treatment by the State and employers and shall enjoy

favourable conditions for the continuous development of their talents

which will benefit both the enterprise and the country. The preferential

treatment reserved for employees with specialized or highly technical

skills shall not be deemed as discriminatory conduct in employment.

3. The State encourages workers who have specialized or highly technical

skills to work in mountainous regions, border regions, on offshore islands,

and in regions which have harsh living conditions, and shall promulgate

policies which provide such workers with preferential treatment.

SECTION V

Vietnamese citizens working in enterprises established in accordance with the

Law on Foreign Investment in Vietnam, enterprises in export processing zones,

foreign or international bodies and organizations operating in Vietnam, or

working for foreign individuals in Vietnam, and foreigners working in Vietnam

shall be subject to and protected by the labour laws of Vietnam.

1. Foreign invested enterprises may directly recruit Vietnamese employees or

may do so through an employment service agency, and must notify the list

of recruited employees to the local body in charge of State administration

of labour.

Where a Vietnamese is unable to satisfy the requirements for work which

requires highly technical or management skills, an enterprise shall be

permitted to employ a percentage of foreign employees for a certain period

provided that training plans and programmes are established in order to

enable Vietnamese workers to do such works within a short period of time

and to replace foreign employees as stipulated by the Government.

2. International or foreign bodies and organizations and foreign individuals

in Vietnam may recruit Vietnamese and foreign employees in accordance

with regulations of the Government.

3. The minimum wage which applies to a Vietnamese employee in cases

stipulated in article 131 of this Code shall be determined and declared by

the Government after consultation with the Vietnam General

Confederation of Labour and the representative of the employer.

4. Working hours, rest breaks, occupational safety and hygiene measures,

social insurance, and resolution of labour disputes in the case of an

enterprise or organization and other cases stipulated in article 131 shall be

in accordance with the provisions of this Code and other relevant legal

instruments.

1. A foreigner who works for an enterprise, organization, or individual in

Vietnam for three months or more must obtain a working permit issued by

the body in charge of State administration of labour of the province or city

under central authority; the duration of the labour permit shall be in

accordance with the term of the labour contract but shall not exceed thirty

six (36) months and may be extended at the request of the employer.

2. A foreigner who works in Vietnam shall be entitled to all rights and

benefits, and be subject to all obligations, stipulated by the law of

Vietnam, except in cases where the provisions of an international treaty to

which the Socialist Republic of Vietnam is a signatory or participant

provides otherwise.

SECTION Va

1. The State encourages enterprises, bodies, organizations and individuals to

search and expand the labour market in order to create employment in

foreign countries for Vietnamese employees in accordance with the law of

Vietnam, the law of the foreign country, and international treaties to which

Vietnam is a signatory or participant.

2. Vietnamese citizens who are aged eighteen (18) years or over, who have

the ability to work, who are voluntary and satisfy all other standards and

conditions in accordance with Vietnamese laws and the laws and

requirements of the foreign party may work in a foreign country.

The forms of sending Vietnamese employees to work abroad shall include:

1. Supplying labour in accordance with contracts signed with foreign parties;

2. Sending employees to work under contracts for tender or specific projects

abroad;

3. Sending employees to work under investment projects abroad;

4. Other forms as stipulated by law.

1. An enterprise operating in labour export must have a permit from the

competent body in charge of State administration of labour.

2. An enterprise operating in labour export shall have the following rights and

obligations:

(a) To register labour export contracts with the competent body in

charge of State administration of labour;

(b) To exploit the market and enter into contracts with foreign parties;

(c) To publicize the criteria and conditions for recruit ment and the

interests and obligations of workers;

(d) To recruit workers directly and not to collect recruitment fees from

workers;

(dd) To organize training and orientation education for workers prior to

departure for work abroad in accordance with law;

(e) To enter into contracts with workers for working abroad; to

organize for workers to go abroad and return to Vietnam in

accordance with the signed contracts and the provisions of the law;

(g) To collect fees for labour export directly and to make payment to

the labour export assistance fund as stipulated by the Government;

(h) To manage and protect the interests of workers during the period of

working abroad under their contracts in accordance with the laws of

Vietnam and the law of the foreign country;

(i) To pay compensation for damage to workers caused by the breach

of the contract by the enterprise;

(k) To initiate action to claim compensation for damage caused by the

breach of the contract by the worker;

(l) To complain to the authorized State body against breaches of the

laws in the field of labour export.

3. An enterprise sending Vietnamese workers to work abroad for

implementation of tender contracts, contracts for specific works or

investment projects abroad must register the contracts with the competent

State body and must implement the provisions in sub-clauses (c), (d), (dd),

(e), (h), (i), (k) and (l) of clause 2 of this article.

4. The Government shall make detailed provisions on workers working

abroad pursuant to a contract and not through an enterprise.

1. A worker working abroad shall have the following rights and obligations:

(a) To be provided with information relating to labour policies and

laws, conditions for recruitment, rights and obligations of workers

working abroad;

(b) To be provided with training and orientation education prior to

departure for work abroad;

(c) To enter into and perform the contract correctly;

(d) To be ensured the interests under the signed contract in accordance

with the laws of Vietnam and the law of the foreign country;

(dd) To comply with the laws of Vietnam and the law of the foreign

country, and to respect the customs and traditions of the foreign

country;

(e) To enjoy consular and judicial protection;

(g) To pay fees for labour export;

(h) To complain, denounce or initiate an action to the authorized body

of the State of Vietnam or of the foreign country against breaches

of the labour export enterprise and the foreign employer;

(i) To pay compensation for damage caused by a breach of the

contract;

(k) To receive compensation for damage caused by a breach of the

contract by the enterprise.

2. Workers working abroad in the cases stipulated in clause 3 of article 135

shall have the rights and obligations stipulated in sub-clauses (a), (b), (c),

(d), (dd), (e), (h), (i), and (k) of clause 1 of this article.

The Government shall make detailed provisions on training of export labour, on

organization and management of workers abroad, and on establishment,

management and use of the labour export assistance fund.

1. Illegal recruitment and sending of workers to work abroad is strictly

prohibited.

2. Enterprises, organizations or individuals abusing labour export to recruit,

train and organize sending worker to work abroad illegally shall be dealt

with in accordance with the provisions of the law and shall pay

compensation to workers if they cause damage.

3. Workers abusing the opportunity to work abroad for other purposes shall be

dealt with in accordance with the provisions of the law and shall pay

compensation if they cause damage.

SECTION VI

Persons who work in trades or special jobs within the artistic field shall be

entitled to certain regimes with respect to training age, retirement age, signing of

labour contracts, working hours, rest breaks, wages, wage allowances, bonuses,

and occupational safety and hygiene in accordance with the provisions of the

Government.

1. An employee may enter into an agreement with an employer to work at

home on a regular basis and still be entitled to the rights and benefits

enjoyed by other employees working at the enterprise.

2. A worker who works at home in a cottage industry shall not be subject to

the provisions of the Code.

An employer which employs less than ten (10) employees must still provide its

employees with the basic rights and benefits stipulated in this Code but shall be

considered for a reduction of or exemption from a number of criteria and

procedures stipulated by the Government.

1. A person who has been employed for household chores may enter into an

oral or written labour contract; where the duty is to safeguard assets, a

written labour contract must be entered into.

2. An employer must respect the honour, dignity and welfare of a domestic

servant and shall be responsible for the provision of care when the person

falls ill or is injured in an accident.

3. Wages, working hours, rest breaks, and allowances shall be agreed by the

parties when negotiating the labour contract. The employer must provide

the domestic servant with travelling expenses to return home at the end of

his employment, except in cases where the domestic servant voluntarily

resigns prior to expiry of the labour contract.

CHAPTER XII

1. The State shall stipulate policies on social insurance in order to expand

and improve gradually the material security of an employee, to take care

of and recover the health and stabilize the life of an employee and his

family when the employee falls ill, becomes pregnant, reaches retirement

age, dies, becomes injured in a work-related accident, contracts an

occupational disease, becomes unemployed, suffers from misfortunes, or

suffers from other problems.

The Government shall make detailed provisions on the re-training of

unemployed workers, the rates of unemployment insurance premiums and

the conditions for and amounts of unemployment allowances; and the

establishment, management and use of an unemployment insurance fund.

2. Forms of compulsory or voluntary social insurance shall apply to entities

and businesses on a case by case basis in order to ensure employees

receive benefits from an appropriate social insurance.

1. Compulsory forms of social insurance shall apply to enterprises, bodies

and organizations which employ employees under definite term labour

contracts with a duration of three months or more and under indefinite

term labour contracts. In such enterprises, bodies and organizations, the

employer and the employee must make contributions to social insurance

funds in accordance with the provisions of article 149 of this Code and the

employee shall be entitled to social insurance benefits and allowances in

the event of illness, work-related accidents and occupational disease,

pregnancy, retirement, and death.

2. In respect of an employee who works under a definite term labour contract

with a duration of less than three months, in seasonal jobs, social

insurance contributions shall be included in the wage paid by the employer

in accordance with regulations of the Government in order to enable the

employee to participate in social insurance on a voluntary or self-funding

basis. Where the employee continues to work or enters into a new labour

contract upon expiry of the duration of a labour contract, compulsory

social insurance shall apply in accordance with the provisions of clause 1

of this article.

1. When an employee becomes ill, he shall be examined and treated at

medical centres in accordance with the health insurance regime.

2. Where he has a doctor's certificate to prove that he requires leave from

work for medical treatment at home or at a hospital, an employee who is

ill shall be entitled to sick benefits paid from the social insurance fund.

The amount of sick benefits paid shall depend on the working conditions

and the rate and period of social insurance contribution as determined by

the Government.

1. During the period in which an employee is absent from work for medical

treatment in respect of a work-related accident or occupational disease,

the employer must pay the full wage and expenses to the employee in

accordance with the provisions of clause 2 of article 107 of this Code.

After the treatment, the employee shall, depending on the reduction in his

ability to work due to a work-related accident or disease, be examined and

classified into a category of injury in order to be entitled to a social

insurance benefit paid as a lump sum or in monthly instalments from the

social insurance fund.

2. Where an employee dies from a work-related accident or occupational

disease during the term of his employment, the next -of-kin of the

employee shall be entitled to receive compensation for his death pursuant

to the provisions of article 146 of this Code, and an additional lump sum

of benefit from the social insurance fund equivalent to twenty four (24)

months' minimum wage in accordance with the provisions of the

Government.

1. During maternity leave stipulated in article 114 of this Code, a female

employee who has paid social insurance contributions shall be entitled to a

social insurance allowance equal to one hundred (100) per cent of her

wage and an additional allowance of one month's wages.

2. Other regimes which apply to female employees shall be governed by the

provisions of article 117 of this Code.

1. An employee who satisfies the following criteria with respect to age and

period of participation in social insurance shall be entitled to pension

benefits as follows:

(a) Sixty (60) years of age in the case of a male and fifty five (55)

years of age in the case of a female. The retirement age of an

employee who has worked in heavy or toxic jobs, or in

mountainous regions, in border regions, or on offshore islands, and

in a number of other special cases shall be determined by the

Government;

(b) An employee who has paid social insurance contributions for a

period of twenty (20) years or more.

1a. Female employees who are fifty five (55) years of age and who have paid

social insurance contributions for a full twenty five (25) years, and male

employees who are sixty (60) years of age and who have paid social

insurance contributions for a full thirty (30) years, shall be entitled to the

same maximum rate of monthly pension as stipulated by the Government.

2. In cases where an employee fails to satisfy the requirements stipulated in

clause 1 of this article, but satisfies one of the following conditions, he

shall be entitled to monthly payment of a pension at a lower rate:

(a) An employee who satisfies the age requirement stipulated in subclause

(a) of clause 1 of this article but has only paid social

insurance contributions for a period of at least fifteen (15) years to

under twenty (20) years;

(b) A male employee who is at least fifty (50) years of age or a female

employee who is at least forty five (45) years of age with an

accumulated social insurance contribution of at least twenty (20)

years, and is reduced in his or her capacity to work by sixty one

(61) per cent or more;

(c) An employee who has worked in an extremely heavy or harmful

job as stipulated by the Government, has paid social insurance for

twenty (20) years or more, and is reduced in his or her capacity to

work by sixty one (61) per cent or more.

3. An employee who does not satisfy the requirements stipulated in clauses 1

and 2 of this article for monthly payment of a pension shall be entitled to a

lump sum allowance.

4. The level of monthly payments of a pension and the lump sum allowance

stipulated in clauses 1, 1a, 2 and 3 of this article shall, depending on the

rate and period of social insurance contributions, be determined by the

Government.

1. Where an employee who is currently working, in retirement, or receiving

monthly benefits for an injury suffered as a result of loss of work capacity,

a work-related accident or occupational disease dies, upon the death of the

employee, the person in charge of the funeral and burial shall be entitled to

a benefit paid for burial and funeral expenses stipulated by the

Government.

2. Any children under the age of fifteen (15) years, the spouse, or a retired

parent of an employee who has died from a work-related accident or

occupational disease, who has died after paying social insurance

contributions for fifteen (15) years or more, who has died while receiving

monthly payments of a pension, or who has died while receiving monthly

payments of benefits for a work-related accident or occupational disease

shall be entitled to monthly payments of survivors benefits provided that

he or she is a direct dependant of the deceased employee. In cases where

the deceased employee has no relatives who satisfy all conditions for

monthly survivors benefits or has not paid social insurance contributions

for fifteen (15) years or more, the family of the deceased shall be entitled

to a lump sum benefit of not more than the twelve (12) months' wages or

benefits currently received.

3. A person who is currently receiving a pension, benefits for loss of work

capacity, or benefits for a class 1 or 2 work-related accident or a class 1 or

2 occupational disease prior to the promulgation of this Code shall be

subject to the benefits of the provisions of this article with respect to

benefits for the deceased.

1. Provided that no retrenchment allowance or lump sum payment has been

paid to the employee from a social insurance fund, the period of

employment of an employee in State enterprises prior to this Code

becoming effective shall be deemed as a period of contribution to social

insurance.

2. The insurance rights and benefits of a person currently receiving a pension

benefit, or a monthly benefit for loss of work capacity, a work-related

accident or occupational disease, or survivors benefits prior to this Code

becoming effective shall continue to be guaranteed by the State Budget

and shall be adjusted in accordance with the social insurance policy

currently in force.

Enterprises in agricultural, forestry, fishing, and salt-making industries shall have

the responsibility to participate in the forms of social insurance which are

appropriate to the production characteristics and labour usage of their industry in

accordance with regulations of the Government.

1. Social insurance funds shall be established from the following sources:

(a) The employer shall contribute a sum equivalent to fifteen (15) per

cent of the total balance of the wages fund;

(b) Each employee shall contribute five per cent of his wage;

(c) The State shall contribute and assist with additional funds to ensure

the implementation of social insurance regimes for employees;

(d) Profits generated from the funds;

(dd) Other sources.

2. Social insurance funds shall be uniformly, democratically and publicly

managed in accordance with State financial regimes and on the basis of

independent accounting, and shall be protected by the State. Social

insurance funds shall be entitled to carry out measures for value retention

and growth in accordance with the provisions of the Government.

The Government shall, with the involvement of the Vietnam General

Confederation of Labour, promulgate regulations on social insurance and

establish an organizational system of social insurance and issue regulations on the

organization and operation of social insurance funds.

1. An employee who participates in social insurance shall be entitled to

receive social insurance benefits fully, conveniently, and in a timely

manner.

2. Disputes on social insurance:

(a) A dispute between an employee and an employer shall be resolved

in accordance with the provisions of Chapter XIV of this Code.

(b) A dispute between an employee who has ceased working in

accordance with stipulated regimes and an employer or a social

insurance body, or between an employer and a social insurance

body, shall be resolved between the two parties; failing such

resolution, it shall be resolved by a people's court.

The State encourages employees, trade unions, employers, and other social

organizations to establish other social support funds.

CHAPTER XIII

1. In the case of enterprises which are currently operating without a trade

union organization, no later than six months from the date of effectiveness

of the Law on Amendment of and Addition to a Number of Articles of the

Labour Code, and in the case of newly-established enterprises, after six

months from the date of commencement of operation, the local trade union

and industry trade union shall be responsible for establishing trade union

organizations at such enterprises to represent and protect the lawful rights

and interests of the employees and the labour collective.

The employer shall be responsible for facilitating the early establishment

of trade union organizations. Pending establishment, the local trade

union or industry trade union shall appoint a provisional executive

committee of the trade union to represent and protect the lawful rights and

interests of the employees and the labour collective.

Any act which obstructs the establishment and activities of the trade

union at an enterprise is strictly prohibited.

2. The Government shall provide guidelines for the implementation of clause

1 of this article after agreement with the Vietnam General Confederation

of Labour.

acknowledge such organization.

2. The employer must co-operate closely with trade unions and create

favourable conditions for trade union activities in accordance with the

provisions of the Labour Code and the Law on Trade Unions.

3. The employer must not prejudice an employee because he has formed,

joined, or participated in the activities of a trade union organization. The

employer must not apply economic pressures or other measures to

interfere with the organization and activities of trade unions.

1. The employer shall be responsible for provision of the necessary working

conditions and facilities to enable the trade union to carry out its activities.

2. An employee who carries out trade union activities on a part-time basis

shall be given certain free time during working hours to carry out such

activities, and still be entitled to his full wage. The amount of time

allowed shall depend on the size of the enterprise and the agreement

reached between the employer and the executive committee of the trade

union of the enterprise, but shall not be less than three working days in one

month.

3. A person who carries out trade union activities on a full-time basis and

receives a wage from trade union funds shall be entitled to the rights,

benefits, and collective welfare enjoyed by other employees of the

enterprise in accordance with the regulations of the enterprise or the

collective agreement.

4. When an employer decides to retrench or to terminate unilaterally the

labour contract of an employee who is a member of the executive

committee of the trade union of the enterprise, the approval of the

executive committee of the trade union of the enterprise must be obtained.

Where the employee is the chairman of the executive committee of the

trade union of the enterprise, the approval of the immediately superior

trade union organization must be obtained.

The Vietnam General Confederation of Labour and trade unions at all levels shall

participate with State bodies and representatives of employers in discussing and

resolving issues relating to labour relations; shall have the right to establish

employment service agencies, trade training centres, aid funds, legal consultancy

centres, and other establishments for the mutual welfare of employees, and other

rights in accordance with the provisions of the Law on Trade Unions and this

Code.

CHAPTER XIV

1. A labour dispute is a dispute about rights and benefits relating to

employment, wages, incomes, and other labour conditions; about

performance of the labour contract and the collective agreement; and about

issues which arise during a training or apprenticeship period.

2. Labour disputes include an individual labour dispute between an employee

and an employer, and a collective labour dispute between a labour

collective and an employer.

A labour dispute shall be resolved on the basis of the following principles:

1. Direct negotiation and conciliation between the disputing parties at the

place where the dis pute arises.

2. Conciliation and arbitration on the basis of mutual respect of rights and

benefits, respect of general social benefits, and compliance with the law.

3. A labour dispute must be resolved publicly, objectively, in a timely

manner, quickly, and in compliance with the law.

4. The trade union organization of the enterprise and the representative of the

employer must participate in the resolution process of the labour dispute.

A labour dispute shall be resolved by a labour dispute resolution body or

organization if either party refuses to negotiate; if both parties fail to resolve the

dispute by way of negotiation; or if one or both of the parties lodge a request for

resolution of the labour dispute.

1. During the resolution process of a labour dispute, the disputing parties

shall have the right to:

(a) Participate in the resolution process directly or through a

representative;

(b) Withdraw the application for resolution or amend the nature of the

dispute;

(c) Request that the person directly resolving the dispute be replaced if

it can be justified that such person is unable to be objective or fair

in carrying out his duty.

2. During the resolution process of a labour dispute, the disputing parties

shall have the obligation to:

(a) Provide all relevant documents and evidence upon the request of

the body or organization resolving the labour dispute;

(b) Comply strictly with the agreement reached, the settlement

agreement, the decision of the body or organization resolving the

dispute which has taken effect, or the judgment or decision of the

people's court which has taken effect.

Labour dispute resolution bodies or organizations shall, depending on their

respective duties and power, have the right to request the disputing parties and

relevant bodies, organizations, and individuals to provide documents or evidence.

They shall have the right to request the opinion of an expert, and to summon

witnesses and other parties concerned during the process of labour dispute

resolution.

SECTION I

The following bodies and organizations shall have authority to resolve an

individual labour dispute:

1. The labour conciliatory council of an enterprise, or a labour conciliator of

the body in charge of State administration of labour of the district, town,

and provincial city (hereinafter referred to as district level) in cases where

there is no labour conciliatory council;

2. The people's court.

1. A labour conciliatory council of an enterprise shall be established in

enterprises which have a trade union or a provisional executive committee

of trade union and shall consist of an equal number of representatives of

the employees and the employer. The number of members in the council

shall be agreed by the two parties.

2. The term of office of the labour conciliatory council of an enterprise shall

be two years. The representatives of each party shall alternate between the

positions of chairman and secretary of the council. The labour

conciliatory council in an enterprise shall carry out its duty on the basis of

the principles of agreement and unanimous approval.

3. The employer shall ensure the necessary conditions for the labour

conciliatory council of an enterprise to carry out its activities.

The resolution procedure of an individual labour dispute shall be as follows:

1. Within seven days from the date of receipt of the request, the labour

conciliatory council of the enterprise shall commence the resolution

process of a labour dispute. Both parties or their authorized

representatives must be present at the conciliation meeting.

2. The labour conciliatory council of the enterprise shall put forward a

resolution proposal to the parties. If both parties accept the resolution

proposal, a settlement agreement shall be prepared and signed by the

disputing parties, and the chairman and the secretary of the labour

conciliatory council of the enterprise. Both parties shall have the

obligation to comply with the agreements recorded in the settlement

agreement.

3. In the event that the conciliation fails, or a disputing party is not present

for the second time without proper reason when a proper summons has

been sent, a non-settlement statement shall be prepared by the labour

conciliatory council of the enterprise. Copies of the statement must be

forwarded to the two disputing parties within a period of three days from

the date on which the conciliation is unsuccessful. Each party to the

dispute has the right to request the people's court to hear the dispute. The

file submitted to the people's court must be accompanied by the nonsettlement

statement.

1. A labour conciliator shall, in accordance with the procedure stipulated in

article 164 of this Code, resolve an individual labour dispute at an

enterprise where no labour conciliatory council of the enterprise has been

established, and a dispute relating to the performance of an apprenticeship

contract or training fees.

2. A labour conciliator must commence the resolution process within seven

days from the date of receipt of the request for conciliation.

1. The people's court shall resolve an individual labour dispute which fails to

be resolved by the labour conciliatory council of an enterprise or a labour

conciliator, or which fails to be resolved by the labour conciliatory council

of an enterprise or a labour conciliator within the stipulated time limit.

2. The following individual labour disputes may be resolved directly by a

people's court without requiring to be referred first to a conciliation body

at an enterprise:

(a) Disputes relating to dismissal in respect of a breach of labour rules

or disputes which arise from the unilateral termination of a labour

contract;

(b) Disputes relating to payment of compensation or allowances upon

termination of a labour contract;

(c) Disputes between a domestic servant and the employer;

(d) Disputes relating to social insurance as stipulated in sub-clause (b)

of clause 2 of article 151 of this Code;

(dd) Disputes relating to payment of compensation between an

employee and a labour export enterprise.

3. An employee shall be exempted from payment of court fees in all

litigation matters involving claims for wages, loss of work allowace,

retrenchment allowance, social insurance, compensation for a work-related

accident or occupational disease, compensation for damage for wrongful

dismissal or unlawful termination of a labour contract.

4. Where, upon hearing, the people's court finds that a labour contract is

contrary to a collective agreement or the laws on labour; or that a

collective agreement is contrary to the laws on labour, it shall declare the

labour contract or collective agreement to be partially or wholly invalid.

The rights, obligations and interests of the parties recorded in a labour

contract or a collective agreement which is declared invalid shall be dealt

with in accordance with law.

5. The Government shall make detailed provisions for dealing with the

consequences of the cases where a labour contract or a collective

agreement is declared invalid as stipulated in clause 3 of article 29, clause

3 of article 48 and clause 4 of this article.

1. The limitation periods for requesting resolution of an individual labour

dispute, calculated from the date on which each disputing party claims that

its rights and benefits have been violated, shall be stipulated as follows:

(a) One year in respect of labour disputes stipulated in sub-clauses (a),

(b) and (c) of clause 2 of article 166;

(b) One year in respect of disputes stipulated in sub-clause (d) of

clause 2 of article 166;

(c) Three years in respect of disputes stipulated in sub-clause (dd) of

clause 2 of article 166;

(d) Six months in respect of other labour disputes.

2. The limitation period for resolution of collective labour disputes shall be

one year calculated from the date on which each party claims that its rights

and benefits have been violated.

SECTION II

The following bodies and organizations shall have authority to resolve a

collective labour dispute:

1. The labour conciliatory council of an enterprise, or the labour conciliator

of the district level labour body in cases where there is no labour

conciliatory council;

2. The provincial labour arbitration council;

3. The people's court.

1. The labour conciliatory council of an enterprise stipulated in article 163 of

this Code shall have authority to resolve collective labour disputes.

2. The provincial labour arbitration council shall consist of full-time and

part-time members being representatives of the body in charge of State

administration of labour of the province or city under central authority, the

trade union, the employer, and a number of respected lawyers,

administrators, and social workers of the locality. The number of

members in the provincial labour arbitration council shall be an odd

number, but shall not exceed nine, and shall be chaired by the

representative of the body in charge of State administration of labour of

the province or city under central authority.

The term of office of the labour arbitration council shall be three years.

The labour arbitration council shall make decisions by majority and sealed

votes.

The body in charge of State administration of labour of the province or

city under central authority shall provide the necessary conditions for the

labour arbitration council to carry out its activities.

The resolution procedure for a collective labour dispute shall be as follows:

1. The labour conciliatory council of an enterprise or the labour conciliator

shall commence the resolution process within seven days from the date of

receipt of the request for resolution. Both parties to the dispute or their

authorized representatives must be present at the conciliation meeting.

2. The labour conciliatory council of the enterprise or the labour conciliator

shall put forward a resolution proposal to the parties for consideration. If

both parties accept the resolution proposal, a settlement agreement shall be

prepared and signed by the parties, and the chairman and secretary of the

labour conciliatory council of the enterprise or the labour conciliator.

Both parties shall have the obligation to comply with the agreements

recorded in the settlement agreement.

3. In the event that the conciliation fails, a non-settlement statement outlining

the views of the parties and the council or the labour conciliator shall be

prepared by the labour conciliatory council or labour conciliator, and shall

be signed by the parties, and the chairman and secretary of the council or

the labour conciliator. Each or both of the parties to the dispute shall have

the right to request the provincial labour arbitration council to resolve the

dispute.

1. The labour arbitration council shall commence the conciliation and

resolution process of the collective labour dispute within ten (10) days

from the date of receipt of a request.

The authorized representatives of both disputing parties must be present at

the resolution meeting for the collective labour dispute. Where necessary,

the labour arbitration council shall invite a representative of a higher trade

union body and representatives of relevant State bodies to attend the

meeting.

2. The labour arbitration council shall put forward a resolution proposal to

the parties for consideration. If both parties accept the proposal, a

settlement agreement shall be prepared and signed by the disputing parties,

and the chairman of the labour arbitration council. Both parties shall have

an obligation to comply with the agreements recorded in the settlement

agreement.

3. In cases where the conciliation fails , the labour arbitration council shall

resolve the dispute and immediately notify the disputing parties of its

decision. If both parties have no comment, the decision shall

automatically become effective.

1. Where the labour collective is not satisfied with the decision of the labour

arbitration council, it shall have the right to request the people's court to

resolve the matter, or to strike.

2. Where the employer is not satisfied with the decision of the labour

arbitration council, the emp loyer shall have the right to request the

people's court to review the decision of the arbitration council. The

decision of the employer to request the people's court to review the

decision of the arbitration council does not affect the right to strike of the

labour collective.

1. While the labour conciliatory council or the labour arbitration council is in

the process of resolving the labour dispute, neither party shall have the

right to act unilaterally against the other party.

2. The decision to strike shall be made by the executive committee of the

trade union of the enterprise after obtaining the approval, by sealed votes

or signatures, of more than half of the number of employees in the labour

collective.

The executive committee of the trade union of the enterprise must

nominate a maximum of three representatives to present the request of the

labour collective to the employer and, at the same time, to notify the body

in charge of State administration of labour of the province or city under

central authority and the provincial trade union confederation in writing.

The request and notice must clearly outline the matters in dispute, the

matters proposed to be resolved, the agreement to strike of the employees

(by votes or by signatures), and the commencement time of the strike.

3. Any act of violence which damages machinery, equipment, and assets of

the enterprise and any act which violates public order and safety during a

strike are strictly prohibited.

Strikes are prohibited at enterprises which serve the public, and enterprises which

are essential to the national economy or national security and defence as

stipulated in the list issued by the Government.

State administrative bodies must regularly organize hearings of comments with

representatives of the labour collective and the employer at these enterprises in

order to assist and resolve any reasonable request of the labour collective. In

cases where there is a collective labour dispute, it shall be resolved by the

provincial labour arbitration council. If either party is not satisfied with the

decision of the labour arbitration council, that party shall have the right to request

the people's court for resolution of the dispute.

Where a strike is considered to be detrimental to the national economy or public

safety, the Prime Minister of the Government shall have the power to issue a

decision to suspend or end the strike.

1. The following forms of strike shall be unlawful:

(a) Strikes which do not arise from a collective labour dispute; strikes

which fall outside the area of labour relations;

(b) Strikes which fall outside the scope of an enterprise;

(c) Strikes which breach the provisions of clauses 1 and 2 of articles

173 and 174 of this Code.

2. The people's court shall be the body with authority to decide whether a

strike is lawful or unlawful.

The people's court shall have the authority to make the final decision in relation

to strikes and collective labour disputes.

1. Any act of victimization of or revenge on a person participating in or

organizing a strike is strictly prohibited.

2. A person who interferes with the right to strike, or forces another person to

strike; a person who commits any unlawful act during a strike; and a

person who fails to comply with the decision of the Prime Minister of the

Government or the people's court shall, depending on the seriousness of

the offence, be liable for payment of compensation for damage, be subject

to administrative penalty, or be prosecuted for criminal liability.

The Standing Committee of the National Assembly shall provide for the

resolution of strikes and other labour matters.

CHAPTER XV

State administration of labour shall encompass the following:

1. Being informed of supply and demand and changes in labour supply and

demand, and on that basis, making decisions on national policies,

planning, or schemes on labour sources, distribution, and utilization of

labour in the whole society;

2. Promulgating and providing guidelines for implementation of legal

instruments on labour;

3. Establishing and organizing the implementation of national programmes

relating to employment, migration for establishment of new economic

zones, and sending Vietnamese workers abroad;

4. Making decisions on policies on wages, social insurance, occupational

safety and hygiene, and other policies on labour and society; policies on

the development of labour relations within enterprises;

5. Organizing and conducting scientific research on labour, and collecting

statistics and information on labour and the labour market and on the

living standards and income levels of workers;

6. Inspecting and controlling the implementation of labour laws, dealing with

breaches of labour laws, and resolving labour disputes in accordance with

the provisions of this Code;

7. Expanding international co-operation relations with foreign countries and

international organizations in the area of labour.

1. The Government shall uniformly carry out State administration of labour

within the country.

The Ministry of Labour, War Invalids and Social Affairs shall be

responsible before the Government to carry out State administration of

labour.

Ministries and ministerial equivalent bodies shall be responsible for coordinating

with the Ministry of Labour, War Invalids and Social Affairs

for uniform implementation of State administration of labour.

2. People's committees at all levels shall carry out State administration of

labour within their respective localities. The local body in charge of State

administration of labour shall assist the people's committee of the same

level to carry out State administration of labour in accordance with the

delegated authority of the Ministry of Labour, War Invalids and Social

Affairs.

3. The Vietnam General Confederation of Labour and trade unions at all

levels shall participate in the supervision of State administration of labour

in accordance with the provisions of the law.

4. Representatives of employers and employers shall put forward their views

to State bodies in respect of policies, laws and other issues relating to

labour relations as stipulated by the Government.

Within thirty (30) days from the date on which an enterprise commences its

operation, the employer must declare the labour usage and, during the period of

operation, submit to the local body in charge of State administration of labour

reports on any changes relating to labour in accordance with the provisions of the

Ministry of Labour, War Invalids and Social Affairs. Within thirty (30) days

from the date on which the enterprise ceases its operation, the employer must

submit a report to the local body in charge of State administration of labour on

the termination of labour usage.

The employer must establish labour books, wage books and social insurance

books.

An employee shall be issued with a labour book and a social insurance book in

accordance with the provisions of the law.

1. The Ministry of Labour, War Invalids and Social Affairs shall uniformly

carry out State administration of labour export.

2. People's committees of provinces and cities under central authority shall

carry out State administration of labour export within their respective

localities.

3. The body in charge of State administration of labour of a province or city

under central authority shall issue working permits to foreigners who enter

Vietnam as stipulated in clause 1 of article 133 of this Code.

CHAPTER XVI

SECTION I

State labour inspectors shall have the function of inspection of labour policies,

occupational safety, and labour hygiene.

The Ministry of Labour, War Invalids and Social Affairs and the local bodies in

charge of State administration of labour shall carry out State inspection of labour.

State labour inspectors shall have the following main duties:

1. To inspect compliance with provisions on labour, occupational safety, and

labour hygiene;

2. To investigate work-related accidents and other violations of labour

hygiene standards;

3. To participate in the establishment and guidance for application of the

systems of standards, procedures and measures for occupational safety and

labour hygiene;

4. To resolve any complaints or claims relating to labour in accordance with

the provisions of the law;

5. To deal with breaches of labour laws in accordance with their delegated

authority or make recommendations to other competent bodies to deal

with.

When conducting an inspection, a labour inspector shall have the power to:

1. Inspect and investigate any enterprise within his area and scope of

responsibility at any time without having to give advance notice;

2. Request the employer and other persons concerned to provide information

and relevant documents which relate to the inspection or investigation;

3. Receive and resolve all comp laints or claims relating to breaches of labour

laws in accordance with the provisions of the law;

4. Make decisions on temporary suspension of the usage of machinery,

equipment, or work places where there is an occupational safety danger or

a serious cas e of labour environmental pollution. The labour inspector

shall be responsible for his decision and shall report immediately to a

competent State body.

A labour inspector must be a person who does not have direct or indirect personal

interests relating to the entity which is the subject of the inspection. Even after

his employment, a labour inspector must not disclose any secrets obtained while

carrying out his duty, and must maintain strict confidentiality of all sources of

report of breaches.

When carrying out an inspection, a labour inspector must co-operate closely with

the executive committee of the trade union. Where the matter is related to

scientific, technical, specialized, or professional fields, the labour inspector may

invite experts and experienced technicians in the relevant field to participate in

the inspection or investigation as consultants. When inspecting machinery,

equipment and storage facilities, the employer and the person directly in charge

of the machinery, equipment, or storage facility must be present.

A labour inspector shall hand the decision directly to the party concerned. The

decision must specify clearly the date from which the decision becomes effective

and the date for completion. Where necessary, the date of a second inspection

may also be stated.

The decision of the labour inspector shall be binding and must be implemented.

The person who receives the decision shall have the right to complain to a

competent State body, but must still comply strictly with the decision of the

labour inspector.

1. The Government shall make provisions on the organization and activities

of State labour inspectors.

2. The Ministry of Labour, War Invalids and Social Affairs shall be

responsible for the establishment of an organizational system for State

labour inspection; for formulation of criteria for recruitment, appointment,

transfer, discharge, and dismissal of labour inspectors, for issuance of

inspector identity cards; and for promulgation of provisions on regular and

irregular reports, and other necessary procedures or formalities.

3. The inspection of occupational safety and hygiene with respect to

radioactive materials, exploration and exploitation of oil and gas, means

of transportation by rail, sea, road, or air, and units of the armed forces

shall be carried out by the managing body of the relevant branch with the

co-operation of State labour inspection bodies.

SECTION II

Breaches of the provisions of this Code shall, depending on the seriousness of the

breach, be dealt with in the following ways: warning, fine, suspension or

withdrawal of licences, compulsory payment of compensation, or compulsory

cessation of business operations, or criminal prosecution in accordance with the

provisions of the law.

A person who obstructs, bribes, or takes revenge on an authorized officer who is

carrying out his duty as stipulated in this Code shall, depending on the

seriousness of the offence, be disciplined, dealt with administratively, or

prosecuted for criminal liability in accordance with the provisions of the law.

Owners of business enterprises shall bear civil liability for any decision made by

an authorized State body to penalize a director, manager, or legal representative

of an enterprise in respect of any breach of labour laws committed whilst

managing labour in accordance with the provisions of the law. These persons

shall be responsible for payment of compensation to the enterprise in accordance

with the internal regulations and charter of the enterprise, the contract of

responsibility entered into between the parties, or the provisions of the law.

The Government shall make provisions on administrative penalties in respect of

breaches of labour laws.

CHAPTER XVII

The provisions of this Code shall apply to all labour contracts, collective

agreements, and other lawful agreements signed prior to the date of effectiveness

of this Code. Any agreement which provides workers with more favourable

provisions than those provided for in this Code shall continue to be performed.

Any agreement which is inconsistent with the provisions of this Code must be

amended or added to accordingly.

This Code shall be of full force and effect as of 1 January 1995.

All previous provisions which are inconsistent with this Code are repealed.

The Standing Committee of the National Assembly and the Government shall

provide guidelines and detailed provisions on the implementation of this Code.

The Chairman of the National Assembly