Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam as amended and added to in accordance with

Resolution 51-2001-QH10 dated 25 December 2001 of the 10th session of Legislature X of the National Assembly;

This Law makes amendments of and additions to a number of articles of the Labour Code passed by the 5th session of

Legislature IX of the National Assembly on 23 June 1994.

To make amendments of and additions to the Preamble and a number of articles of the Labour Code:

"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, 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 [high] 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."

"Article 18

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

employment to employees, 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."

"Article 27

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 within a period from full 12 months to 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 under twelve (12)

months in respect of a job which is regular and has a duration of twelve (12) months or over, except in the

case of the temporary replacement of an employee who has taken leave of absence because of military

obligation, pregnancy, or other temporary reasons."

"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 amend or add to [the contract], 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."

"Article 31

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

right, 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 all the employees available cannot be used, there

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

An employee whose labour contract is terminated in accordance with the provisions of this article shall be

entitled to a loss of work allowance in accordance with clause 1 of article 17 of this Code."

"Article 33

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 requests the amendment to the content of the

contract must give at least three days notice to the other party. Any amendment to the content of a labour

contract may take place by way of amending or adding to the signed labour contract or by entering into a

performed or shall be terminated in accordance with clause 3 of article 36 of this Code."

"Article 37

1. An employee working under a definite term labour contract with a duration of a full twelve (12) months to

thirty six (36) months or a labour contract for a seasonal or specific job which has a duration of under

twelve (12) months shall have the right to terminate unilaterally the contract before the expiry of such

duration in the following cases:

(a) The employee is not assigned to the right job or work place or is not ensured the work conditions

agreed to in the contract;

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

(c) The employee is maltreated or is forced to work;

(d) For real personal or family difficulties the employee is unable to continue performing the contract;

(dd) The employee is elected to a full time position1 in a public2 office or is appointed to a position in a State body;

(e) A female employee is pregnant and has to stop working as advised by 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 respect of a definite term labour contract which

has a duration of full twelve (12) months to thirty six (36) months, or a quarter of the duration of the

contract in respect of a labour contract for a specific or seasonal job which has a duration of under

twelve (12) months.

2. Upon unilateral termination of a labour contract in accordance with the provisions of clause 1 of this

article, the employee must give the employer:

(a) In respect of the cases stipulated in sub-clauses a, b, c and g: at least three days notice;

(b) In respect of the cases stipulated in sub-clauses d and dd: at least thirty (30) days in respect of a

definite term labour contract with a duration of a full twelve (12) months to thirty six (36) months; at

least three days in respect of a labour contract for a seasonal or specific job which has a duration of

under twelve (12) months;

(c) In respect of the cases stipulated in sub-clause e: notice in accordance with the time limit 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 the contract

unilaterally 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."

"Article 38

1. An employer has the right to terminate a labour contract unilaterally in the following circumstances:

(a) The employee 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 respect of an indefinite term labour contract, or six

consecutive months in respect of a definite term contract with a duration of full twelve (12) months to

thirty six (36) months, or more than half the duration of the contract in respect 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 others 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 in accordance with sub-clauses (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 as from the date the local body in

charge of State administration of labour is notified, the employer shall have the right to make a decision

and 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 a procedure stipulated by the law.

3. Upon unilateral termination of a labour contract, except for the cases 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 respect of an indefinite term labour contract;

(b) At least thirty (30) days in respect of a definite term contract with duration of full twelve (12) months

to thirty six (36) months;

(c) At least three days in respect of a contract for a specific or seasonal job with a duration of less than

twelve (12) months."

"Article 41

1. Where an employer unlawfully unilaterally terminates a labour contract, he must re-employ the employee

for the position stipulated under the signed contract and pay compensation equal to the amount of wages

and wage allowances3 (if any) for the period the employee is not allowed to work plus at least two months

of wages and wage allowances (if any).

Where the employee does not wish to return to work, the employee shall be paid the compensation

referred to in clause 1 of this article plus an allowance stipulated in article 42 of this Code.

Where the employer does not wish to re-employ the employee and the employee so agrees, in additions to

the compensation stipulated in sub-clause 1 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

retrenchment allowance and must pay the employer compensation equal to half of a month of 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

otherwise have been paid to the employee for those days not notified."

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 representatives 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."

"Article 47

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

(a) one to be retained by the employer;

(b) one to be retained by the executive committee of the trade union of the enterprise;

(c) one to be submitted to a higher trade union body by the executive committee of the trade union of

the enterprise;

(d) one to 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

registration no later than ten (10) days from the date of signing.

2. The collective agreement shall become effective as from the date agreed by both parties as recorded in the

agreement, in the absence of such agreement [on the effective date], the collective agreement shall

become effective from the date of signing."

"Article 48

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 one 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 a 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 respect of collective agreements in the cases stipulated in sub-clauses

(b) and (c) of clause 2 of this article, and where the signed terms of the agreement are beneficial to the

employees, the body in charge of State administration of labour of a 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 an agreement

which is declared invalid shall be dealt with in accordance with in accordance with law."

"1. In cases where an enterprise merges, consolidates, divides, separates, or transfers the ownership,

management right, 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 additions to [the existing collective agreement], or entering into a new

collective agreement."

"Article 57

Subject to consultation with the Vietnam General Confederation of Labour and representatives of employers, the

Government shall stipulate the principles for formation of wage scales, wage tables and labour rates for the

employer to formulate and apply [wage scales, wage tables and labour rates] 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 be publicized in the enterprise."

"Article 61

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

Where [an employee] works 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 calculated according to the wage

unit price or the 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 the day shift wage

of the current work."

"Article 64

Based on the annual production and business results of an enterprise and the degree of performance4 of

employees, the employer shall pay bonuses to employees working for the enterprise.

4 The literal translation is "completion of work".

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

trade union of the enterprise."

"Article 66

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

right, or right to use the assets of the enterprise, the succeeding employer shall be responsible to pay wages and

other benefits to the employees transferred5 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 payment priority order."

"Article 69

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 for 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 Government after consulting the Vietnam General Confederation of Labour and representatives

of employers."

"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 [the next] 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."

"Article 85

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

(a) Where an employee commits an act of theft, embezzlement, 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 [the next] wage increase or

assignment to another job 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;

5 This is the literal translation.

(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."

"Article 88

1. An employee who is reprimanded and an employee who has been disciplined by extension of the period

for [the next] wage increase or assignment to another job shall, after three and six months respectively as

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 [the next] wage increase or assignment to

other work 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."

"2. The production, usage, storage, or transportation of machinery, equipment, materials, energy, electricity,

chemicals, vegetation protection substances, and the change of technology or import 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."

"3. An employer shall be responsible for payment of compensation equal to at least thirty (30) months salary

and wage allowances (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 the employee is at fault,

[he or his relative] shall still be entitled to payment of compensation at least equal to twelve (12) months

salary and wage allowances (if any).

The Government shall prvide for the responsibility of employers and the rate of compensation for workrelated

accidents or occupational diseases for employees whose ability to work has been reduced by five

per cent to under eighty one (81) per cent."

"3. An employer shall be prohibited from dismissing 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."

"Article 121

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.

[An employer] shall be prohibited from employing junior workers in heavy, dangerous, or works requiring

contacts with toxic substance or in works or workplaces which have bad effects on their personality stated in a

list issued by the Ministry of Labour, War Invalids and Social Affairs and the Ministry of Health."

"2. An employee shall enjoy rights and have obligations in relation to any inventions, utility solutions,

industrial models or other subjects 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."

"Article 132

1. Foreign invested enterprises may directly recruit Vietnamese employees or 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 cannot satisfy the requirements for works which require 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 in 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 worker 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 [contributions],

and labour dispute resolution 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 a full three months or

more must obtain a working permit issued by the body in charge of State administration of labour of a

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."

"Article 134

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 eighteen (18) years of age in full* 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."

"Article 134a

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."

"Article 135

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 recruitment, and the interests and obligations of

labourers;

(d) To recruit labourers directly and not to collect recruitment fees from labourers;

(dd) To organize training and orientation education for labourers before they go to work abroad in

accordance with law;

(e) To enter into contracts with labourers for working abroad; to organize for labourers to go abroad and

return to Vietnam in accordance with the signed contracts and 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 labourers during the period of working abroad under their

contracts in accordance with the law of Vietnam and the law of the foreign country;

(i) To pay compensation for damage to the labourer 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

labourer;

(l) To complain to the authorized State body against breaches of the laws in the field of labour export.

3. An enterprise sending Vietnamese labourers to work overseas for implementation of tender contracts,

contracts for specific works or investment projects overseas must register contracts with the competent

body in charge of State administration and 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 labourers working overseas under a contract not via an

enterprise."

"Article 135a

1. A labourer working overseas 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 labourers working overseas;

(b) To be provided with training and orientation education before going to work overseas;

(c) To enter into and perform the contract correctly;

(d) To be ensured the interests under the signed contract in accordance with the law of Vietnam and the

law of the foreign country;

(dd) To comply with the law of Vietnam and the law of the foreign country, and to respect the customs

and traditions of the foreign country;

(e) To enjoy consulate 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 breaches of the contract;

(k) To receive compensation for damage caused by breaches of the contract by the enterprise.

2. Labourers working overseas 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."

"Article 135b

The Government shall make detailed provisions on training of labourers for export; organization and management

of labourers overseas and on the establishment, management and use of the labour export assistance fund."

"Article 135c

1. Illegal recruitment and sending labourers to work overseas shall be strictly prohibited.

2. Enterprises, organizations or individuals abusing labour export to recruit, train and organize sending

labourers to work overseas illegally shall be dealt with in accordance with provisions of the law and shall

pay compensation to labourers if they cause damage.

3. Labourers abusing the opportunity to work overseas for other purposes shall be dealt with in accordance

with provisions of the law and shall pay compensation if they cause damage."

"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 to stabilize the life of an employee and

his family when the employee falls ill, becomes pregnant, reaches the retirment age6, 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 re-training of unemployed labourers, rates of

unemployment insurance premium and the conditions for and amounts of unemployment allowances; and

the establishment, management and use of the unemployment insurance fund."

"Article 141

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 a full three months or over and under

indefinite term labour contracts. In these enterprises, bodies and organizations, the employer and the

employees must make contributions in social insurance funds in accordance with the provisions of article

149 of this Code and the employees shall be entitled to social insurance benefits and allowances in the

event of illness, work-related accidents and occupational disease, pregnancy, retirement, and death..

6 The literal translation is "comes to the end of their working age".

2. In respect of an employee who works under definite term labour contracts 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 to enable the employee to participate in social

insurance on a voluntary or self-funding basis. Where the employee continues to work or enter into a new

labour contract upon the expiry of the duration of a labour contract, compulsory social insurance shall

appply in accordance with the provisions of clause 1 of this article."

"Article 144

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 wage.

2. Other regimes which apply to female employees shall be governed by the provisions of article 117 of this

Code."

"1a. Female employees who are fifty five (55) years of age in full and who have paid social insurance

contributions for a full twenty five (25) years, and male employees who are sixty (60) years of age in full

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."

"Article 148

Enterprises in agricultural, forestry, fishing, and salt-making industries shall have the responsibility to participate

in the forms of social insurance which are suitable to the production characteristics and labour usage of their

industry in accordance with regulations of the Government."

"Article 149

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

salary 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 fund;

(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 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."

"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 retired7 in accordance with stipulated regimes and an

employer or a social insurance body, or between an employer and a social insurance body, shall be

settled8 between the two parties; failing an agreement, it shall be resolved by a people's court."

"Article 153

1. For enterprises which are currently operating without a trade union organization, no later than six months

from the date on which the Law on Amendments of and Additions to a Number of Articles of the Labour

Code becomes effective, and for newly established enterprises, within9 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 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 trade union at an enterprise shall be 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."

"Article 163

1. A labour conciliatory council of an enterprise shall be established in enterprises which have their trade

unions 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.

7 The literal translation is "has stopped working".

8 The literal translation is "shall be agreed".

9 The literal translation is "after six months"

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 in accordance with 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."

"3. In the event that the conciliation fails or a disputing party is not present for the second time when a proper

summon has been sent without a justified reason, 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 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 non-settlement 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."

"Article 166

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 having to be

referred first to a conciliation body at the 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 with a labour exporting

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 work-related

accidents or occupational disease, compensation for damages, or for10 wrongful dismissal or unlawful

termination of a labour contract.

4. Where, upon hearing, the people's court finds out 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."

"Article 167

1. The time limitations 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 time limitation for resolution of collective labour dis putes shall be one year calculated from the date

on which each party claims that its rights and benefits have been violated."

"Article 181

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 for

implementation of 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 own 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."

"Article 182

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."

"Article 183

An employee shall be issued with a labour book and a social insurance book in accordance with the provisions of

the law."

"Article 184

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 own 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."

"Article 185

State labour inspectors shall have the function of inspection of labour policies, occupational safety, and

occupational hygiene.

The Ministry of Labour, War Invalids and Social Affairs and the local body in charge of State administration of

labour shall carry out State inspection of labour."

"Article 186

State labour inspectors shall have the following main duties:

1. To inspect compliance with provisions on labour, occupational safety, and occupational hygiene;

2. To investigate work-related accidents and other violations of occupational hygiene standards;

3. To participate in the establishment and guidance for application of the systems of standards, procedures

and measures for occupational safety and occupational hygiene;

4. To resolve any complaints or claims in respect of labour in accordance with the provisions of the law;

5. To deal with in accordance with the delegated authority and make recommendations to other competent

bodies to deal with breaches of labour laws."

"2. The Ministry of Labour, War Invalids and Social Affairs shall be responsible for the establishment of a

State labour inspection organization system; for establishing criteria for recruitment, appointment, transfer,

discharge, and dismissal of labour inspectors, for issuing inspector identity cards, and for issuing

provisions on regular and irregular reports, and other necessary procedures or formalities."

"Vietnamese labourers working overseas" shall include articles 134, 134a, 135, 135a, 135b and 135c.

(a) The term "employment services" in articles 10, 15 and 16 shall be amended to be "employment

introduction".

(b) The term "one or more year" in articles 17 and 42 shall be amended to be "twelve full months or more";

(c) The term "fees of the apprenticeship" in clause 3 of article 24 shall be amended to be "costs of the

apprenticeship";

(d) Section V of Chapter XI shall be renamed as "Labour for foreign organizations and individuals in Vietnam,

foreign employees working in Vietnam";

(dd) The term "clauses 1, 2 and 3 of this article" in clause 4 of article 145 shall be amended to be "clauses 1, 1a,

2 and 3 of this article";

(e) The terms "local labour office" and "provincial labour office" in articles 17, 82, 162 and 169 shall be

amended to be "local body in charge of State administration of labour" and "body in charge of State

administration of labour of a province or city under central authority".

This Law shall come into effect from 1 January 2003.

The Government shall make detailed provisions for the implementation of this Law.