Labor Code 2019: Main content businesses need to understand

Article 1. Scope of adjustment

The Labor Code regulates labor standards; rights, obligations, responsibilities of employees, employers, employee representative organizations at the grassroots, employer representative organizations in labor relations and other relationships directly related to labor relations; State management of labor.

Article 2. Subjects of application

1. Employees, apprentices, trainees and workers without labor relationships.

2. Employer.

3. Foreign workers working in Vietnam.

4. Other agencies, organizations and individuals directly related to labor relations.

Article 3. Explanation of terms

In this Code, the following terms are understood as follows:

1. An employee is a person who works for the employer according to an agreement, is paid a salary and is subject to the management, administration and supervision of the employer.

The minimum working age of an employee is 15 years old, except for the cases specified in Section 1 Chapter XI of this Code.

2. Employer is an enterprise, agency, organization, cooperative, household, or individual that hires and uses workers to work for them according to agreement; In case the employer is an individual, he must have full civil capacity.

3. A grassroots employee representative organization is an organization established on a voluntary basis by employees at an employer unit for the purpose of protecting the legal and legitimate rights and interests of employees in labor relations through collective bargaining or other forms according to the provisions of labor law. The representative organization of workers at the grassroots includes the grassroots trade union and the organization of workers at the enterprise.

4. Employer representative organization is a legally established organization that represents and protects the legitimate rights and interests of employers in labor relations.

5. Labor relations are social relations arising in the hiring, use of labor, and payment of salaries between employees, employers, representative organizations of the parties, and competent state agencies. Labor relations include individual labor relations and collective labor relations.

6. A person who works without a labor relationship is a person who does not work on a hiring basis with a labor contract.

7. Forced labor is the use of force, threat of force or other tricks to force workers to work against their will.

8. Discrimination in labor is the act of distinguishing, excluding or giving priority based on race, skin color, national origin or social origin, ethnicity, gender, age, maternity status, marital status, religion, belief, political opinion, disability, family responsibilities or on the basis of HIV infection status or for reasons of establishing, joining and operating trade unions or organizations of workers at the enterprise that affect equality in terms of opportunities. job or professional association.

Discrimination, exclusion or priority arising from specific job requirements and actions that maintain and protect employment for vulnerable workers are not considered discrimination.

9. Sexual harassment in the workplace is behavior of a sexual nature by any person towards another person in the workplace that is not desired or accepted by that person. Workplace is any place where employees actually work according to the agreement or assignment of the employer.

Article 4. State policy on labor

1. Ensure the legal and legitimate rights and interests of employees and workers without labor relations; Encourage agreements that ensure workers have more favorable conditions than prescribed by labor laws.

2. Ensure the legitimate rights and interests of employers, manage labor in accordance with the law, democracy, fairness, civilization and enhance social responsibility.

3. Create favorable conditions for job creation, self-employment, vocational training and vocational training to get a job; Production and business activities attract many workers; Apply some provisions of this Code to workers without labor relations.

4. Have policies to develop and distribute human resources; improve labor productivity; training, fostering and improving qualifications and vocational skills for workers; Support for maintaining and changing careers and jobs for workers; incentives for workers with high professional and technical qualifications to meet the requirements of the industrial revolution, the cause of industrialization and modernization of the country.

5. Have policies to develop the labor market, diversifying forms of connecting labor supply and demand.

6. Promote dialogue between employees and employers, collective bargaining, and building progressive, harmonious and stable labor relations.

7. Ensure gender equality; regulate labor regimes and social policies to protect female workers, disabled workers, elderly workers, and juvenile workers.

Article 5. Rights and obligations of employees

1. Employees have the following rights:

a) Work; freedom to choose jobs, workplaces, occupations, vocational training, and improve professional qualifications; be free from discrimination, forced labor, and sexual harassment in the workplace;

b) Receive salary appropriate to qualifications and vocational skills on the basis of agreement with the employer; have labor protection, work in conditions that ensure occupational safety and hygiene; Leave according to the regime, paid annual leave and enjoy collective benefits;

c) Establish, join and operate in employee representative organizations, professional organizations and other organizations according to the provisions of law; request and participate in dialogue, implement democratic regulations, collective bargaining with employers and be consulted at the workplace to protect their legal and legitimate rights and interests; Participate in management according to the employer's internal regulations;

d) Refuse to work if there is a clear, direct threat to life and health during work performance;

d) Unilateral termination of the labor contract;

e) Strike;

g) Other rights as prescribed by law.

2. Employees have the following obligations:

a) Implement labor contracts, collective labor agreements and other legal agreements;

b) Comply with labor discipline and labor regulations; comply with the management, administration and supervision of the employer;

c) Implement legal regulations on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene.

Article 6. Rights and obligations of the employer

1. Employers have the following rights:

a) Recruitment, placement, management, administration and supervision of labor; reward and handle violations of labor discipline;

b) Establish, join and operate in employer representative organizations, professional organizations and other organizations according to the provisions of law;

c) Request the employee representative organization to negotiate for the purpose of signing a collective labor agreement; Participate in resolving labor disputes and strikes; dialogue and exchange with employee representative organizations on issues in labor relations, improving the material and spiritual lives of workers;

d) Temporarily close the workplace;

d) Other rights as prescribed by law.

2. Employers have the following obligations:

a) Implement labor contracts, collective labor agreements and other legal agreements; respect the honor and dignity of workers;

b) Establish a mechanism and carry out dialogue and exchange with employees and employee representative organizations; Implement grassroots democratic regulations in the workplace;

c) Training, retraining, fostering to improve qualifications and vocational skills to maintain and change careers and jobs for workers;

d) Implement legal regulations on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene; develop and implement solutions to prevent and combat sexual harassment in the workplace;

d) Participate in developing national vocational skills standards, evaluating and recognizing vocational skills for workers.

Article 7. Building labor relations

1. Labor relations are established through dialogue, negotiation, and agreement according to the principles of voluntariness, goodwill, equality, cooperation, and respect for each other's legitimate rights and interests.

2. Employers, organizations representing employers and employees, and organizations representing employees build progressive, harmonious and stable labor relations with the support of competent state agencies.

3. Trade unions participate with competent state agencies in supporting the building of progressive, harmonious and stable labor relations; Supervise the implementation of labor law regulations; protect the legal and legitimate rights and interests of workers.

4. Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Alliance and other representative organizations of employers established in accordance with the law have the role of representing and protecting the legitimate rights and interests of employers, participating in building progressive, harmonious and stable labor relations.

Article 8. Prohibited acts in the field of labor

1. Discrimination in labor.

2. Mistreatment of workers and forced labor.

3. Sexual harassment in the workplace.

4. Taking advantage of vocational training and apprenticeship to profit, exploit labor or entice, seduce, or force apprentices or apprentices to engage in illegal activities.

5. Using workers who have not been trained or do not have a national vocational skills certificate for occupations and jobs that require the use of trained workers or must have a national vocational skills certificate.

6. Enticing, seducing, promising, false advertising or other tricks to deceive workers or to recruit workers for the purpose of human trafficking, exploitation, forced labor or taking advantage of employment services or activities of sending workers to work abroad under contracts to commit illegal acts.

7. Illegally employing minors.

Article 9. Employment and job settlement

1. Employment is an income-generating labor activity that is not prohibited by law.

2. The State, employers and society have the responsibility to participate in creating jobs, ensuring that everyone who is able to work has the opportunity to have a job.

Article 10. Workers' right to work

1. Be free to choose employment, work for any employer and in any place not prohibited by law.

2. Directly contact employers or through employment service organizations to search for jobs according to your wishes, abilities, career qualifications and health.

Article 11. Labor recruitment

1. Employers have the right directly or through employment service organizations and labor subleasing enterprises to recruit workers according to the employer's needs.

2. Employees do not have to pay costs for labor recruitment.

Article 12. Responsibilities of employers for labor management

1. Prepare, update, manage and use labor management books in paper or electronic form and present them when requested by competent state agencies.

2. Declare the use of labor within 30 days from the date of commencement of operation, periodically report the situation of changes in labor during the operation to the specialized labor agency under the Provincial People's Committee and notify the social insurance agency.

3. The Government shall detail this Article.

Section 1. ENTERING INTO A LABOR CONTRACT

Article 13. Labor contract

1. A labor contract is an agreement between an employee and an employer regarding paid employment, wages, working conditions, rights and obligations of each party in the labor relationship.

In case the two parties agree by a different name but with content expressing the paid employment, salary and management, administration and supervision of one party, it is considered a labor contract.

2. Before accepting employees to work, the employer must enter into a labor contract with the employee.

Article 14. Form of labor contract

1. The labor contract must be concluded in writing and made into 02 copies, the employee keeps 01 copy, the employer keeps 01 copy, except for the case specified in Clause 2 of this Article.

A labor contract concluded through electronic means in the form of a data message in accordance with the law on electronic transactions has the same value as a written labor contract.

2. Both parties may enter into a verbal labor contract for contracts with a term of less than 01 month, except for the cases specified in Clause 2, Article 18, Point a, Clause 1, Article 145 and Clause 1, Article 162 of this Code.

Article 15. Principles of entering into labor contracts

1. Voluntary, equality, goodwill, cooperation and honesty.

2. Freedom to enter into labor contracts but not against the law, collective labor agreement and social ethics.

Article 16. Obligation to provide information when concluding a labor contract

1. The employer must provide truthful information to the employee about the job, work location, working conditions, working hours, rest time, safety, labor hygiene, wages, payment methods, social insurance, health insurance, unemployment insurance, regulations on protecting business secrets, protecting technological secrets and other issues directly related to the conclusion of the labor contract that the employee requests.

2. The employee must provide truthful information to the employer about full name, date of birth, gender, place of residence, education level, vocational skill level, confirmation of health status and other issues directly related to the conclusion of the labor contract that the employer requests.

Article 17. Acts that employers must not do when concluding and implementing labor contracts

1. Keep the original copies of the employee's identification documents, diplomas, and certificates.

2. Require employees to provide security in money or other assets for the performance of the labor contract.

3. Forcing employees to perform labor contracts to repay debts to employers.

Article 18. Authority to enter into labor contracts

1. The employee directly enters into a labor contract, except for the case specified in Clause 2 of this Article.

2. For seasonal work or certain jobs with a term of less than 12 months, a group of workers aged 18 or older can authorize a worker in the group to enter into a labor contract; In this case, the labor contract must be concluded in writing and has the same effect as if it were signed with each employee.

The labor contract signed by an authorized person must be accompanied by a list clearly stating the full name, date of birth, gender, place of residence and signature of each employee.

3. The person entering into the labor contract on the employer's side is a person in one of the following cases:

a) The legal representative of the enterprise or an authorized person according to the provisions of law;

b) The head of an agency or organization with legal status according to the provisions of law or an authorized person according to the provisions of law;

c) Representatives of households, cooperative groups, other organizations without legal status or authorized persons according to the provisions of law;

d) Individuals directly employing workers.

4. The person entering into the labor contract on the employee's side is a person in one of the following cases:

a) Employees aged 18 years or older;

b) Employees from 15 years old to under 18 years old with the written consent of that person's legal representative;

c) A person under 15 years old and that person's legal representative;

d) The employee is legally authorized by the employees in the group to enter into a labor contract.

5. A person authorized to enter into a labor contract may not authorize another person to enter into a labor contract.

Article 19. Conclusion of multiple labor contracts

1. Employees can enter into multiple labor contracts with multiple employers but must ensure full implementation of the agreed contents.

2. If an employee simultaneously signs many labor contracts with many employers, participation in social insurance, health insurance, and unemployment insurance shall be carried out in accordance with the provisions of law on social insurance, health insurance, unemployment insurance, and labor safety and hygiene.

Article 20. Type of labor contract

1. Labor contracts must be concluded according to one of the following types:

a) An indefinite-term labor contract is a contract in which the two parties do not determine the term or termination date of the contract;

b) A fixed-term labor contract is a contract in which the two parties determine the term and termination date of the contract within a period of no more than 36 months from the effective date of the contract.

2. When the labor contract specified in Point b, Clause 1 of this Article expires but the employee continues to work, proceed as follows:

a) Within 30 days from the date the labor contract expires, both parties must sign a new labor contract; While a new labor contract has not yet been signed, the rights, obligations and interests of both parties will be implemented according to the signed contract;

b) If at the end of 30 days from the date the labor contract expires, the two parties do not sign a new labor contract, then the contract concluded according to the provisions of Point b, Clause 1 of this Article becomes a labor contract of indefinite term;

c) In case the two parties sign a new labor contract that is a fixed-term labor contract, it can only be signed once more. After that, if the employee continues to work, he or she must sign an indefinite-term labor contract, except for labor contracts for people hired as directors in state-owned enterprises and the cases specified in Clause 1, Article 149, Clause 2, Article 151 and Clause 4, Article 177 of this Code.

Article 21. Content of labor contract

1. The labor contract must have the following main contents:

a) Name and address of the employer and full name and title of the person concluding the labor contract on the employer's side;

b) Full name, date of birth, gender, place of residence, Citizen Identification Card number, ID card or passport of the person entering into the labor contract on the employee's side;

c) Work and work location;

d) Term of the labor contract;

d) Salary according to job or title, salary payment method, salary payment period, salary allowances and other supplements;

e) Promotion regime, salary increase;

g) Working hours and rest times;

h) Provide labor protection equipment for workers;

i) Social insurance, health insurance and unemployment insurance;

k) Training, fostering, improving professional qualifications and skills.

2. When the employee works directly related to business secrets or technological secrets according to the provisions of law, the employer has the right to agree in writing with the employee on the content and term of protection of business secrets, protection of technological secrets, rights and compensation in case of violation.

3. For employees working in the fields of agriculture, forestry, fishery, and salt production, depending on the type of work, the two parties can reduce some key contents of the labor contract and agree to supplement the content on settlement methods in case the contract performance is affected by natural disasters, fires, or weather.

4. The Government regulates the content of labor contracts for employees hired as directors in state-owned enterprises.

5. The Minister of Labor, War Invalids and Social Affairs shall detail Clauses 1, 2 and 3 of this Article.

Article 22. Labor contract appendix

1. The labor contract appendix is part of the labor contract and has the same effect as the labor contract.

2. The appendix to the labor contract stipulates details, amendments, and supplements to a number of articles and clauses of the labor contract, but does not modify the term of the labor contract.

In case the labor contract appendix details a number of articles and clauses of the labor contract that lead to a different interpretation from the labor contract, the content of the labor contract shall be implemented.

In case the labor contract appendix amends or supplements a number of articles and clauses of the labor contract, it must clearly state the content of the amended and supplemented articles and clauses and the effective date.

Article 23. Validity of labor contract

The labor contract takes effect from the date it is signed by both parties, unless the two parties agree or the law provides otherwise.

Article 24. Probation

1. The employer and employee can agree on the probation content stated in the labor contract or agree on probation by signing a probation contract.

2. The main content of the probationary contract includes the probationary period and the contents specified in Points a, b, c, dd, g and h, Clause 1, Article 21 of this Code.

3. Probation does not apply to employees who sign labor contracts with a term of less than 01 month.

Article 25. Probation period

The probationary period is agreed upon by both parties based on the nature and complexity of the job, but the probationary period can only be once for one job and must ensure the following conditions:

1. No more than 180 days for the work of an enterprise manager according to the provisions of the Enterprise Law and the Law on Management and Use of State Capital Invested in Production and Business at Enterprises;

2. No more than 60 days for jobs with professional titles that require professional and technical qualifications of college or higher;

3. No more than 30 days for jobs with professional titles that require intermediate professional and technical qualifications, technical workers, and professional staff;

4. No more than 06 working days for other jobs.

Article 26. Probationary salary

The employee's salary during the probationary period is agreed upon by both parties but must be at least equal to 85% of the salary of that job.

Article 27. End of probation period

1. At the end of the probationary period, the employer must notify the employee of the probation results.

In case the probationary period is satisfactory, the employer must continue to perform the concluded labor contract in the case of a probationary agreement in the labor contract or must sign a labor contract in the case of a probationary contract.

In case the probationary period does not meet the requirements, the signed labor contract or probationary contract will be terminated.

2. During the probationary period, each party has the right to cancel the probationary contract or the signed labor contract without prior notice and without compensation.

Section 2. IMPLEMENTATION OF LABOR CONTRACT

Article 28. Performing work according to the labor contract

Work under a labor contract must be performed by the employee who has entered into the contract. Work location is implemented according to the labor contract, unless the two parties agree otherwise.

Article 29. Transferring employees to jobs other than the labor contract

1. When encountering unexpected difficulties due to natural disasters, fires, dangerous epidemics, applying measures to prevent and overcome labor accidents, occupational diseases, electricity and water incidents or due to production and business needs, the employer has the right to temporarily transfer the employee to work other than the labor contract but not for more than 60 cumulative working days in 01 year; In case of transferring an employee to a job different from the labor contract for more than 60 cumulative working days in 1 year, this will only be done when the employee agrees in writing.

The employer specifically stipulates in the labor regulations the cases in which due to production and business needs the employer is allowed to temporarily transfer the employee to work other than the labor contract.

2. When temporarily transferring an employee to a job other than the labor contract specified in Clause 1 of this Article, the employer must notify the employee at least 03 working days in advance, clearly notify the temporary employment period and arrange work appropriate to the employee's health and gender.

3. Employees who move to a job different from the labor contract are paid according to the new job. If the new job's salary is lower than the old job's salary, the old job's salary will be kept unchanged for 30 working days. The salary for the new job must be at least 85% of the salary of the old job but not lower than the minimum wage.

4. If the employee does not agree to temporarily do a job other than the labor contract for more than 60 cumulative working days in 01 year and must stop working, the employer must pay stoppage salary according to the provisions of Article 99 of this Code.

Article 30. Temporary postponement of labor contract implementation

1. Cases of temporary suspension of labor contracts include:

a) Employees performing military service or participating in the Militia and Self-Defense Force;

b) Employees detained or temporarily detained according to the provisions of law on criminal proceedings;

c) The employee must comply with the decision to apply the measure of sending to a reformatory, a compulsory detoxification facility or a compulsory education facility;

d) Pregnant female employees as prescribed in Article 138 of this Code;

d) The employee is appointed as a business manager of a one-member limited liability company of which 100% of the charter capital is held by the State;

e) Employees are authorized to exercise the rights and responsibilities of the representative of the state owner for the state capital in the enterprise;

g) Employees are authorized to exercise the rights and responsibilities of the enterprise with respect to the enterprise's capital invested in another enterprise;

h) Other cases agreed upon by both parties.

2. During the temporary suspension of the labor contract, the employee is not entitled to receive salary and rights and benefits agreed in the labor contract, unless the two parties agree or the law provides otherwise.

Article 31. Taking back workers after the period of temporary suspension of labor contract implementation

Within 15 days from the date of expiration of the labor contract suspension period, the employee must be present at the workplace and the employer must accept the employee back to work according to the signed labor contract if the labor contract is still valid, unless the two parties agree or the law provides otherwise.

Article 32. Part-time work

1. A part-time employee is an employee whose working time is shorter than the normal daily, weekly or monthly working time specified in the labor law, collective labor agreement or internal labor regulations.

2. The employee agrees with the employer to work part-time when entering into a labor contract.

3. Employees who work part-time are not entitled to salary; equality in exercising rights and obligations with full-time employees; equality of opportunity, no discrimination, ensuring labor safety and hygiene.

Article 33. Amendments and supplements to labor contracts

1. During the implementation of the labor contract, if either party requests to amend or supplement the content of the labor contract, it must notify the other party at least 03 working days in advance of the content that needs to be amended or supplemented.

2. In case the two parties can agree, the amendment and supplementation of the labor contract content will be carried out by signing an appendix to the labor contract or signing a new labor contract.

3. In case the two parties cannot agree on amending and supplementing the content of the labor contract, they will continue to implement the signed labor contract.

Section 3. TERMINATION OF LABOR CONTRACT

Article 34. Cases of termination of labor contracts

1. Expiration of the labor contract, except for the cases specified in Clause 4, Article 177 of this Code.

2. Completed work according to the labor contract.

3. Both parties agree to terminate the labor contract.

4. The employee is sentenced to imprisonment but is not entitled to a suspended sentence or is not eligible for release as prescribed in Clause 5, Article 328 of the Criminal Procedure Code, is sentenced to death or is prohibited from doing the work stated in the labor contract according to a legally effective judgment or decision of the Court.

5. Foreign workers working in Vietnam are deported according to legally effective court judgments or decisions or decisions of competent state agencies.

6. Death of worker; declared by the Court to have lost civil act capacity, to be missing or to have died.

7. The employer is an individual who dies; declared by the Court to have lost civil act capacity, to be missing or to have died. The employer who is not an individual terminates its operations or is notified by the specialized business registration agency under the Provincial People's Committee that it does not have a legal representative or person authorized to exercise the rights and obligations of the legal representative.

8. The employee is disciplined and dismissed.

9. The employee unilaterally terminates the labor contract according to the provisions of Article 35 of this Code.

10. The employer unilaterally terminates the labor contract according to the provisions of Article 36 of this Code.

11. The employer dismisses the employee according to the provisions of Article 42 and Article 43 of this Code.

12. Work permits expire for foreign workers working in Vietnam according to the provisions of Article 156 of this Code.

13. In case the probation agreement is written in the labor contract but the probation is not met or one party cancels the probation agreement.

Article 35. Right to unilaterally terminate the employee's labor contract

1. The employee has the right to unilaterally terminate the labor contract but must notify the employer in advance as follows:

a) At least 45 days if working under an indefinite-term labor contract;

b) At least 30 days if working under a fixed-term labor contract with a term from 12 months to 36 months;

c) At least 03 working days if working under a fixed-term labor contract with a term of less than 12 months;

d) For some specific industries, occupations and jobs, the notice period is implemented according to the Government's regulations.

2. Employees have the right to unilaterally terminate the labor contract without prior notice in the following cases:

a) Not being arranged according to the correct job, working location or not guaranteed working conditions as agreed, except for the cases specified in Article 29 of this Code;

b) Not being paid in full or not paid on time, except for the cases specified in Clause 4, Article 97 of this Code;

c) Being mistreated, beaten, or subjected to humiliating words or actions by the employer, or acts that affect health, dignity, or honor; forced labor;

d) Being sexually harassed at work;

d) Pregnant female employees must leave work as prescribed in Clause 1, Article 138 of this Code;

e) Full retirement age as prescribed in Article 169 of this Code, unless the parties agree otherwise;

g) The employer provides dishonest information as prescribed in Clause 1, Article 16 of this Code, affecting the implementation of the labor contract.

Article 36. The employer's right to unilaterally terminate the labor contract

1. The employer has the right to unilaterally terminate the labor contract in the following cases:

a) Employees who regularly fail to complete work according to the labor contract are determined according to the criteria for evaluating the level of work completion in the employer's regulations. Regulations on evaluating the level of job completion are issued by the employer but must consult with the employee representative organization at the facility for places where there is an employee representative organization at the facility;

b) The employee is sick or has an accident and has been treated for 12 consecutive months for those working under an indefinite-term labor contract or has been treated for 06 consecutive months for those working under a fixed-term labor contract with a term of 12 to 36 months or more than half the term of the labor contract for those working under a fixed-term labor contract with a term of less than 12 months but the ability to work has not recovered.

When the employee's health recovers, the employer will consider continuing to enter into a labor contract with the employee;

c) Due to natural disasters, fires, dangerous epidemics, enemy sabotage, or relocation or contraction of production or business at the request of a competent state agency, the employer has sought all remedial measures but is still forced to reduce the workplace;

d) The employee is not present at the workplace after the deadline specified in Article 31 of this Code;

d) The employee reaches retirement age as prescribed in Article 169 of this Code, unless otherwise agreed;

e) The employee voluntarily quits his job without a legitimate reason for 5 consecutive working days or more;

g) The employee provides dishonest information as prescribed in Clause 2, Article 16 of this Code when entering into a labor contract, affecting the recruitment of the employee.

2. When unilaterally terminating the labor contract in the cases specified in Points a, b, c, dd and g, Clause 1 of this Article, the employer must notify the employee in advance as follows:

a) At least 45 days for labor contracts of indefinite term;

b) At least 30 days for a fixed-term labor contract with a term from 12 months to 36 months;

c) At least 03 working days for fixed-term labor contracts with a term of less than 12 months and for the cases specified in Point b, Clause 1 of this Article;

d) For some specific industries, occupations and jobs, the notice period is implemented according to the Government's regulations.

3. When unilaterally terminating the labor contract as prescribed in Points d and e, Clause 1 of this Article, the employer does not have to notify the employee in advance.

Article 37. Where the employer is not allowed to exercise the right to unilaterally terminate the labor contract

1. Employees who are sick or have an accident or occupational disease are receiving treatment or nursing as prescribed by a competent medical examination and treatment facility, except for the case specified in Point b, Clause 1, Article 36 of this Code.

2. Employees are on annual leave, personal leave and other leaves agreed to by the employer.

3. Pregnant female workers; Employees on maternity leave or raising children under 12 months old.

Article 38. Cancellation of unilateral termination of labor contracts

Each party has the right to cancel the unilateral termination of the labor contract before the expiration of the notice period but must notify in writing and obtain the consent of the other party.

Article 39. Unilateral illegal termination of labor contracts

Unilateral illegal termination of a labor contract is a case of termination of a labor contract not in accordance with the provisions of Articles 35, 36 and 37 of this Code.

Article 40. Obligations of employees when unilaterally terminating the labor contract illegally

1. No severance pay.

2. Must compensate the employer for half a month's salary according to the labor contract and an amount corresponding to the salary according to the labor contract for days without prior notice.

3. Must reimburse the employer for training costs specified in Article 62 of this Code.

Article 41. Obligations of the employer when unilaterally terminating the labor contract illegally

1. Must accept employees back to work according to the signed labor contract; Must pay salary, social insurance, health insurance, unemployment insurance during the days the employee is not allowed to work and must pay the employee an additional amount of money at least equal to 02 months' salary according to the labor contract.

After being reinstated, the employee shall reimburse the employer for severance pay and job loss benefits, if received from the employer.

In case there is no longer a position or job agreed upon in the labor contract but the employee still wants to work, the two parties will agree to amend and supplement the labor contract.

In case of violation of the provisions on the notice period specified in Clause 2, Article 36 of this Code, an amount corresponding to the salary according to the labor contract for the days without notice must be paid.

2. In case the employee does not want to continue working, in addition to the amount payable specified in Clause 1 of this Article, the employer must pay severance allowance as prescribed in Article 46 of this Code to terminate the labor contract.

3. In case the employer does not want to take back the employee and the employee agrees, in addition to the amount the employer must pay as prescribed in Clause 1 of this Article and the severance allowance as prescribed in Article 46 of this Code, the two parties shall agree on an additional compensation amount for the employee but at least equal to 02 months' salary according to the labor contract to terminate the labor contract.

Article 42. Obligations of employers in case of changes in structure, technology or for economic reasons

1. The following cases are considered structural and technological changes:

a) Change organizational structure, reorganize labor;

b) Change production and business processes, technology, machinery, and equipment associated with the employer's production and business lines and occupations;

c) Change products or product structure.

2. The following cases are considered for economic reasons:

a) Economic crisis or recession;

b) Implement State policies and laws when restructuring the economy or implementing international commitments.

3. In case of structural or technological changes that affect the employment of many employees, the employer must develop and implement a labor utilization plan according to the provisions of Article 44 of this Code; In case there is a new workplace, priority will be given to retraining workers for continued use.

4. In cases where due to economic reasons many employees are at risk of losing their jobs or having to quit their jobs, the employer must develop and implement a labor utilization plan according to the provisions of Article 44 of this Code.

5. In case the employer cannot solve the job problem and must terminate the employee's employment, he/she must pay redundancy allowance as prescribed in Article 47 of this Code.

6. Dismissal of employees according to the provisions of this Article can only be carried out after consulting with the grassroots employee representative organization for the place where there is a grassroots employee representative organization of which the employee is a member and notifying 30 days in advance to the Provincial People's Committee and to the employee.

Article 43. Obligations of the employer upon division, separation, consolidation or merger; selling, leasing, converting business types; Transfer of ownership and rights to use assets of enterprises and cooperatives

1. In case of division, separation, consolidation or merger; selling, leasing, converting business types; If the transfer of ownership or rights to use assets of an enterprise or cooperative affects the employment of many employees, the employer must develop a labor utilization plan according to the provisions of Article 44 of this Code.

2. The current employer and the next employer are responsible for implementing the approved employment plan.

3. Employees who are laid off will receive unemployment benefits according to the provisions of Article 47 of this Code.

Article 44. Labor use plan

1. The labor use plan must have the following main contents:

a) Number and list of employees who continue to be employed, employees who are retrained for continued employment, and employees who are transferred to part-time work;

b) Number and list of retired employees;

c) Number and list of employees whose labor contracts must be terminated;

d) Rights and obligations of employers, employees and related parties in implementing the labor use plan;

d) Measures and financial sources to ensure implementation of the plan.

2. When developing a labor use plan, the employer must exchange opinions with the employee representative organization at the facility for the place where there is a employee representative organization at the facility. The employment plan must be publicly announced to employees within 15 days from the date of approval.

Article 45. Notice of termination of labor contract

1. The employer must notify the employee in writing of the termination of the labor contract when the labor contract terminates according to the provisions of this Code, except for the cases specified in Clauses 4, 5, 6, 7 and 8, Article 34 of this Code.

2. In case the employer who is not an individual terminates operations, the time of termination of the labor contract is calculated from the time of notice of termination of operations.

In case the employer is not an individual and is notified by the specialized business registration agency under the Provincial People's Committee that it does not have a legal representative or a person authorized to exercise the rights and obligations of the legal representative according to the provisions of Clause 7, Article 34 of this Code, the time of termination of the labor contract is counted from the date of notification.

Article 46. Severance pay

1. When the labor contract is terminated according to the provisions of Clauses 1, 2, 3, 4, 6, 7, 9 and 10, Article 34 of this Code, the employer is responsible for paying severance benefits to employees who have worked regularly for 12 months or more. Each year of employment is subsidized with half a month's salary, except in cases where they are eligible for pension according to the provisions of law on social insurance and schools. in accordance with the provisions of Point e, Clause 1, Article 36 of this Code.

2. Working time to calculate severance pay is the total time the employee has actually worked for the employer minus the time the employee has participated in unemployment insurance in accordance with the law on unemployment insurance and the working time for which the employer has paid severance pay and unemployment benefits.

3. The salary used to calculate severance pay is the average salary of the 6 consecutive months under the labor contract before the employee quits his job.

4. The Government regulates this Article in detail.

Article 47. Job loss allowance

1. The employer pays unemployment benefits to employees who have worked regularly for 12 months or more but lose their jobs according to the provisions of Clause 11, Article 34 of this Code, paying 01 month's salary for each year of employment but at least equal to 02 months' salary.

2. Working time to calculate unemployment benefits is the total time the employee has actually worked for the employer minus the time the employee has participated in unemployment insurance according to the provisions of law on unemployment insurance and the working time for which the employer has paid severance pay and job loss benefits.

3. The salary used to calculate unemployment benefits is the average salary of the 6 consecutive months under the labor contract before the employee loses his or her job.

4. The Government regulates this Article in detail.

Article 48. Responsibilities when terminating the labor contract

1. Within 14 working days from the date of termination of the labor contract, both parties are responsible for fully paying all amounts related to the rights of each party, except for the following cases which can be extended but must not exceed 30 days:

a) The employer is not an individual who terminates operations;

b) The employer changes structure, technology or for economic reasons;

c) Division, separation, consolidation, merger; selling, leasing, converting business types; transfer of ownership and rights to use assets of enterprises and cooperatives;

d) Due to natural disasters, fires, enemy attacks or dangerous epidemics.

2. Wages, social insurance, health insurance, unemployment insurance, severance pay and other benefits of employees according to the collective labor agreement and labor contract are given priority for payment in cases where the enterprise or cooperative is terminated, dissolved or goes bankrupt.

3. The employer has the following responsibilities:

a) Complete the procedure to confirm the time of payment of social insurance and unemployment insurance and return it along with the originals of other documents if the employer has kept the employee's;

b) Provide copies of documents related to the employee's work history if the employee requests. The cost of copying and sending documents is paid by the employer.

Section 4. VOID LABOR CONTRACT

Article 49. Labor contract is invalid

1. The labor contract is completely invalidated in the following cases:

a) The entire content of the labor contract violates the law;

b) The person enters into a labor contract without proper authority or violates the principles of entering into a labor contract specified in Clause 1, Article 15 of this Code;

c) The work agreed upon in the labor contract is work that is prohibited by law.

2. A labor contract is invalid in part when the content of that part violates the law but does not affect the remaining parts of the contract.

Article 50. Authority to declare labor contracts invalid

The People's Court has the right to declare the labor contract invalid.

Article 51. Handling invalid labor contracts

1. When a labor contract is declared partially invalid, it will be handled as follows:

a) The rights, obligations and interests of both parties are resolved according to the applicable collective labor agreement; In case there is no collective labor agreement, it shall comply with the provisions of law;

b) The two parties shall amend and supplement the part of the labor contract that was declared invalid to comply with the collective labor agreement or labor law.

2. When the labor contract is declared completely invalid, the rights, obligations and interests of the employee are resolved according to the provisions of law; In case of signing without authority, both parties will re-sign.

3. The Government shall detail this Article.

Section 5. LABOR SUB-LEASE

Article 52. Labor subleasing

1. Labor subleasing is when an employee signs a labor contract with an employer who is a labor subleasing enterprise, then the employee is transferred to work and is under the management of another employer while still maintaining the labor relationship with the employer who signed the labor contract.

2. Labor subleasing is a conditional business line, only carried out by enterprises with a Labor Leasing License and applicable to certain jobs.

Article 53. Principles of labor subleasing operations

1. The maximum term of sublease for employees is 12 months.

2. The sub-hiring party may use the sub-hired labor in the following cases:

a) Temporarily respond to a sudden increase in labor demand within a certain period of time;

b) Replace employees who are on maternity leave, have labor accidents, occupational diseases, or must perform civic duties;

c) There is a need to employ workers with high professional and technical qualifications.

3. The sub-hiring party is not allowed to use sub-hired labor in the following cases:

a) To replace workers who are exercising their right to strike or resolve labor disputes;

b) There is no specific agreement on the liability for compensation for labor accidents and occupational diseases of subleased workers with the labor subleasing enterprise;

c) Replace workers who are laid off due to changes in structure, technology, economic reasons or division, separation, consolidation or merger.

4. The outsourcing party is not allowed to transfer the subhired employee to another employer; Do not use subleased workers provided by businesses that do not have a Labor Subleasing License.

Article 54. Labor subleasing enterprises

1. Labor subleasing enterprises must deposit a deposit and be granted a Labor Subleasing Operation License.

2. The Government regulates the deposit, conditions, order and procedures for granting, reissuing, extending and revoking labor sublease operating licenses and the list of jobs to be performed by labor subleasing.

Article 55. Labor subleasing contract

1. The labor subleasing enterprise and the labor subleasing party must sign a written labor subleasing contract made in 02 copies, each party keeps 01 copy.

2. The labor subleasing contract includes the following main contents:

a) Work location, job position that needs to use subleased workers, specific content of the job, specific requirements for subleased workers;

b) Term of sub-hire of labor; Start time of the hired employee;

c) Working hours, rest hours, safety and hygiene conditions at the workplace;

d) Liability for compensation for labor accidents and occupational diseases;

d) Obligations of each party towards employees.

3. The labor subleasing contract must not have agreements on the rights and benefits of the employee that are lower than the labor contract that the labor subleasing enterprise signed with the employee.

Article 56. Rights and obligations of labor subleasing enterprises

In addition to the rights and obligations specified in Article 6 of this Code, labor subleasing enterprises have the following rights and obligations:

1. Ensuring that qualified employees are in accordance with the requirements of the outsourcing party and the content of the labor contract signed with the employee;

2. Inform employees of the content of the labor sublease contract;

3. Inform the outsourcing party of the employee's resume and requirements;

4. Ensure that salaries paid to subleased workers are not lower than the salaries of the outsourcing party's employees with the same qualifications, doing the same work or work of equal value;

5. Prepare documents clearly stating the number of subleased workers, the subleasing party and periodically report to the specialized labor agency under the Provincial People's Committee;

6. Handle labor discipline for employees who violate labor discipline when the outsourcing party returns the employee due to violation of labor discipline.

Article 57. Rights and obligations of the outsourcing party

1. Inform and guide subleased employees about their labor rules and other regulations.

2. Do not discriminate in terms of working conditions for subcontracted employees compared to their own employees.

3. Agreement with the subleased employee to work at night or overtime according to the provisions of this Code.

4. Agreement with the subleased employee and the labor subleasing enterprise to officially recruit the subleased employee to work for him in case the labor contract of the subleased employee with the labor subleasing enterprise has not yet ended.

5. Return subleased workers who do not meet the agreed requirements or violate labor discipline to the labor subleasing enterprise.

6. Provide the labor subleasing enterprise with evidence of the subleased employee's violation of labor discipline to consider labor disciplinary action.

Article 58. Rights and obligations of subleased employees

In addition to the rights and obligations prescribed in Article 5 of this Code, subleased employees have the following rights and obligations:

1. Perform work according to the labor contract signed with the labor subleasing enterprise;

2. Comply with labor discipline and labor regulations; comply with the legal management, administration, and supervision of the outsourcing party;

3. Be paid a salary no lower than the salary of the outsourcing party's employees with the same qualifications, doing the same work or work of equal value;

4. Complain to the labor subleasing enterprise in case the labor subleasing party violates the agreements in the labor subleasing contract;

5. Agreement to terminate the labor contract with the labor subleasing enterprise to enter into a labor contract with the labor subleasing party.

Article 59. Vocational training and vocational skills development

1. Workers are free to choose vocational training, participate in assessment and recognition of national vocational skills, and develop professional capacity in accordance with their employment needs and abilities.

2. The State has policies to encourage qualified employers to provide vocational training and develop vocational skills for employees working for themselves and other employees in society through the following activities:

a) Establish vocational education establishments or open vocational training classes at the workplace to train, retrain, foster and improve qualifications and vocational skills for workers; Coordinate with vocational education institutions to train primary, intermediate, college levels and other vocational training programs according to regulations;

b) Organize vocational skills tests for workers; Participate in vocational skills council; forecasting demand and developing vocational skills standards; organize assessment and recognition of vocational skills; develop professional capacity for workers.

Article 60. Responsibilities of employers for training, fostering and improving professional qualifications and skills

1. Employers develop annual plans and allocate funds for training, fostering, improving qualifications and vocational skills, and developing vocational skills for employees working for them; Training for workers before moving to another job for themselves.

2. Every year, the employer notifies the results of training, fostering, improving qualifications and vocational skills to the specialized labor agency under the Provincial People's Committee.

Article 61. Vocational training and vocational training to work for the employer

1. Vocational training to work for an employer means the employer recruits people for vocational training at the workplace. The duration of vocational training depends on the training program of each level according to the provisions of the Law on Vocational Education.

2. Vocational training to work for an employer means the employer recruits people to guide work practice and vocational training according to job positions at the workplace. The duration of the internship is no more than 03 months.

3. Employers who recruit people for vocational training or vocational training to work for them are not required to register for vocational education activities; Tuition fees are not collected; must sign a training contract according to the provisions of the Law on Vocational Education.

4. Apprentices and trainees must be 14 years of age or older and must be in good health in accordance with vocational training and apprenticeship requirements. Apprentices and trainees in the list of occupations and jobs that are heavy, toxic, dangerous or especially heavy, toxic and dangerous issued by the Minister of Labor, War Invalids and Social Affairs must be at least 18 years old, except in the fields of arts, physical education and sports.

5. During the apprenticeship or vocational training period, if the apprentice or apprentice directly participates in labor, the employer will pay a salary according to the rate agreed upon by both parties.

6. At the end of the apprenticeship or vocational training period, both parties must sign a labor contract when all the conditions prescribed by this Code are met.

Article 62. Vocational training contract between employer and employee and vocational training costs

1. Both parties must sign a vocational training contract in case workers are trained to improve their qualifications, vocational skills, or retrain domestically or abroad from the employer's funds, including funds sponsored by partners for the employer.

The vocational training contract must be made into 02 copies, each party keeps 01 copy.

2. Vocational training contracts must have the following main contents:

a) Training profession;

b) Location, time and salary during the training period;

c) Time commitment to work after training;

d) Record training fees and responsibility to reimburse training costs;

d) Responsibilities of the employer;

e) Responsibilities of employees.

3. Training costs include expenses with valid documents on costs paid to instructors, learning materials, schools, classrooms, machines, equipment, practice materials, other costs to support learners and salaries, social insurance contributions, health insurance, unemployment insurance for learners during the study period. In case the employee is sent for training abroad, the training cost also includes travel costs and living expenses during the training period.

Section 1. DIALOGUE IN THE WORKPLACE

Article 63. Organizing dialogue at the workplace

1. Dialogue at work is the sharing of information, consultation, discussion, and exchange of opinions between employers and employees or employee representative organizations on issues related to the rights, interests, and concerns of the parties in the workplace to enhance understanding, cooperation, and joint efforts towards mutually beneficial solutions.

2. Employers must organize dialogue at the workplace in the following cases:

a) Periodically at least once a year;

b) When requested by one or more parties;

c) When there is an incident specified in Point a, Clause 1, Article 36, Articles 42, 44, 93, 104, 118 and Clause 1, Article 128 of this Code.

3. Encourage employers and employees or employee representative organizations to conduct dialogue outside of the cases specified in Clause 2 of this Article.

4. The Government regulates the organization of dialogue and the implementation of grassroots democracy regulations in the workplace.

Article 64. Content of dialogue at the workplace

1. The content of mandatory dialogue is as prescribed in Point c, Clause 2, Article 63 of this Code.

2. In addition to the content specified in Clause 1 of this Article, the parties choose one or several of the following contents to conduct dialogue:

a) Production and business situation of the employer;

b) Implementation of labor contracts, collective labor agreements, internal labor rules, regulations and other commitments and agreements at the workplace;

c) Working conditions;

d) Requirements of employees and employee representative organizations towards employers;

d) Requirements of employers for employees and employee representative organizations;

e) Other content that one or more parties are interested in.

Section 2. COLLECTIVE BARGAINING

Article 65. Collective bargaining

Collective bargaining is a negotiation and agreement between one or more employee representative organizations on the one hand and one or more employers or employer representative organizations on the other hand to establish working conditions, regulate the relationship between the parties and build progressive, harmonious and stable labor relations.

Article 66. Principles of collective bargaining

Collective bargaining is conducted according to the principles of voluntariness, cooperation, goodwill, equality, openness and transparency.

Article 67. Content of collective bargaining

The negotiating parties choose one or several of the following contents to conduct collective bargaining:

1. Salaries, allowances, raises, bonuses, meals and other benefits;

2. Labor rates and working hours, rest hours, overtime, and breaks between shifts;

3. Job security for workers;

4. Ensure occupational safety and hygiene; Implement labor regulations;

5. Conditions and means of operation of employee representative organizations; the relationship between employers and employee representative organizations;

6. Mechanisms and methods to prevent and resolve labor disputes;

7. Ensure gender equality, maternity protection, annual leave; preventing and combating violence and sexual harassment in the workplace;

8. Other content of interest to one or more parties.

Article 68. Collective bargaining rights of grassroots employee representative organizations in enterprises

1. The representative organization of workers at the grassroots level has the right to request collective bargaining when it reaches the minimum ratio of members to the total number of workers in the enterprise according to regulations of the Government.

2. In case an enterprise has many organizations representing workers at the grassroots that meet the provisions of Clause 1 of this Article, the organization that has the right to request negotiation is the organization with the largest number of members in the enterprise. Other employee representative organizations at other establishments may participate in collective bargaining when approved by the employee representative organization with the right to request collective bargaining.

3. In case an enterprise has many organizations representing workers at the grassroots level but none of them meets the provisions of Clause 1 of this Article, the organizations have the right to voluntarily combine with each other to request collective bargaining, but the total number of members of these organizations must reach the minimum ratio as prescribed in Clause 1 of this Article.

4. The Government regulates the resolution of disputes between parties related to the right to collective bargaining.

Article 69. Collective bargaining representative at the enterprise

1. The number of people participating in collective bargaining of each party is agreed upon by the parties.

2. The composition of each party participating in collective bargaining is decided by that party.

In case the employee side has many representative organizations participating in collective bargaining according to the provisions of Clause 2, Article 68 of this Code, the representative organization has the right to request negotiations to decide the number of representatives of each organization participating in the negotiation.

In case the employee side has many representative organizations participating in collective bargaining according to the provisions of Clause 3, Article 68 of this Code, the number of representatives of each organization shall be agreed upon by those organizations. In case no agreement can be reached, each organization shall determine the number of participating representatives according to the number of members of their organization over the total number of members of the organizations.

3. Each party to collective bargaining has the right to invite its superior representative organization to nominate participants as bargaining representatives and the other party may not refuse. Collective bargaining representatives of each party must not exceed the number specified in Clause 1 of this Article, unless otherwise agreed by the other party.

Article 70. Collective bargaining process at enterprises

1. When there is a request for collective bargaining from a representative organization of employees at the grassroots level that has the right to request collective bargaining according to the provisions of Article 68 of this Code or a request from the employer, the party receiving the request may not refuse to negotiate.

Within 07 working days from the date of receipt of the request and negotiation content, the parties shall agree on the location and time to start negotiation.

The employer is responsible for arranging the time, place and necessary conditions to organize collective bargaining sessions.

The time to start negotiations must not exceed 30 days from the date of receipt of the request for collective bargaining.

2. The collective bargaining period must not exceed 90 days from the date of commencement of negotiation, unless otherwise agreed by the parties.

Time spent participating in collective bargaining sessions of employee representatives is counted as paid working time. In case the employee is a member of the employee representative organization participating in collective bargaining meetings, the time spent participating in the meetings is not counted in the time specified in Clause 2, Article 176 of this Code.

3. During the collective bargaining process, if there is a request from the employee representative, within 10 days from the date of receipt of the request, the employer is responsible for providing information about the situation of production and business activities and other content directly related to the content of negotiation within the enterprise to create favorable conditions for collective bargaining, except for information about business secrets and technological secrets of the employer.

4. The representative organization of workers at the grassroots level has the right to organize discussions and collect opinions from workers on the content, methods and results of the collective bargaining process.

The representative organization of workers at the grassroots level decides on the time, place and method of conducting discussions and collecting opinions from workers, but must not affect the normal production and business activities of the enterprise.

Employers are not allowed to cause difficulties, hinder or interfere in the process of organizing employee representatives to discuss and collect opinions from employees.

5. Collective bargaining must be recorded in writing, clearly stating the contents agreed upon by the parties and the contents with different opinions. The collective bargaining minutes must be signed by representatives of the negotiating parties and the person recording the minutes. The representative organization of workers at the grassroots level widely and publicly announces the collective bargaining minutes to all workers.

Article 71. Collective bargaining fails

1. Collective bargaining fails in one of the following cases:

a) One party refuses to negotiate or does not conduct negotiations within the time limit specified in Clause 1, Article 70 of this Code;

b) The time limit specified in Clause 2, Article 70 of this Code has expired and the parties cannot reach an agreement;

c) The time limit specified in Clause 2, Article 70 of this Code has not yet expired but the parties jointly determine and declare that collective bargaining has not reached an agreement.

2. When negotiations fail, the negotiating parties shall proceed with procedures to resolve labor disputes according to the provisions of this Code. While labor disputes are being resolved, employee representative organizations are not allowed to organize strikes.

Article 72. Industry collective bargaining, collective bargaining involving many enterprises

1. Principles and contents of industry collective bargaining and collective bargaining involving many enterprises shall comply with the provisions of Article 66 and Article 67 of this Code.

2. The process for conducting industry collective bargaining and collective bargaining involving many enterprises is decided by agreement between the parties, including agreement to conduct collective bargaining through the Collective Bargaining Council specified in Article 73 of this Code.

3. In case of industry collective bargaining, the bargaining representative is the industry trade union and the industry representative organization of employers decides.

In case of collective bargaining involving many enterprises, the bargaining representative is decided by the negotiating parties on a voluntary and agreed basis.

Article 73. Collective bargaining involves many enterprises participating through the Collective Bargaining Council

1. On the basis of consensus, the parties to collective bargaining with many participating enterprises may request the Provincial People's Committee where the headquarters of the enterprises participating in the negotiation are located or the place selected by the parties in case the enterprises participating in the negotiation have their headquarters in many provinces and centrally run cities to establish a Collective Bargaining Council to conduct collective bargaining.

2. When receiving requests from collective bargaining parties involving many enterprises, the Provincial People's Committee decides to establish a Collective Bargaining Council to organize collective bargaining. Members of the Collective Bargaining Council include:

a) The Chairman of the Council is decided by the parties and is responsible for coordinating the activities of the Collective Bargaining Council and supporting the collective bargaining of the parties;

b) Representatives of the collective bargaining parties are appointed by each party. The number of representatives of each negotiating party participating in the Council shall be agreed upon by the parties;

c) Representative of the Provincial People's Committee.

3. The Collective Bargaining Council conducts negotiations at the request of the parties and terminates its operations when a collective labor agreement involving many participating enterprises is signed or as agreed by the parties.

4. The Minister of Labor, War Invalids and Social Affairs regulates the functions, tasks and activities of the Collective Bargaining Council.

Article 74. Responsibilities of the Provincial People's Committee in collective bargaining

1. Organize training and fostering collective bargaining skills for collective bargaining parties.

2. Develop and provide information and data on socio-economics, labor market, and labor relations to support and promote collective bargaining.

3. Proactively or when requested by both parties to negotiate collectively, support the parties to reach an agreement during the collective bargaining process; In case there is no request, proactive support from the Provincial People's Committee will only be carried out if agreed by all parties.

4. Establish a Collective Bargaining Council when requested by collective bargaining parties with many enterprises as prescribed in Article 73 of this Code.

Section 3. COLLECTIVE LABOR AGREEMENT

Article 75. Collective labor agreement

1. Collective labor agreement is an agreement reached through collective bargaining and signed in writing by the parties.

Collective labor agreements include enterprise collective labor agreements, industry collective labor agreements, multi-enterprise collective labor agreements and other collective labor agreements.

2. The content of the collective labor agreement must not be contrary to the provisions of law; incentives that are more beneficial to employees than prescribed by law.

Article 76. Collect opinions and sign collective labor agreement

1. For enterprise collective labor agreements, before signing, the draft collective labor agreement negotiated by the parties must be consulted by all employees in the enterprise. An enterprise collective labor agreement can only be signed when more than 50% of the enterprise's employees vote in favor.

2. Regarding the sectoral collective labor agreement, the object of consultation includes all members of the leadership board of the employee representative organizations at the enterprises participating in the negotiation. The industry collective labor agreement can only be signed when over 50% of the total number of people polled vote in favor.

For collective labor agreements with many enterprises, the object of consultation includes all employees at the enterprises participating in the negotiation or all members of the leadership boards of the employee representative organizations at the enterprises participating in the negotiation. Only enterprises with more than 50% of the people voted in favor will participate in signing a collective labor agreement with many enterprises.

3. The time, place and method of collecting voting opinions on the draft collective labor agreement shall be decided by the employee representative organization but must not affect the normal production and business activities of the enterprises participating in the negotiation. The employer must not cause difficulties, hinder or interfere with the process of organizing employee representatives to get opinions and vote on the draft agreement.

4. The collective labor agreement is signed by legal representatives of the negotiating parties.

In case the collective labor agreement with many enterprises is conducted through the Collective Bargaining Council, it is signed by the Chairman of the Collective Bargaining Council and legal representatives of the negotiating parties.

5. The collective labor agreement must be sent to each signing party and to the specialized labor agency under the Provincial People's Committee as prescribed in Article 77 of this Code.

For industry collective labor agreements or collective labor agreements with many enterprises, each employer and each employee representative organization at the participating enterprises must receive 01 copy.

6. After the collective labor agreement is signed, the employer must announce it to its employees.

7. The Government regulates this Article in detail.

Article 77. Submission of collective labor agreement

Within 10 days from the date the collective labor agreement is signed, the employer participating in the agreement must send a copy of the collective labor agreement to the specialized labor agency under the Provincial People's Committee where the head office is located.

Article 78. Effect and duration of collective labor agreement

1. The effective date of the collective labor agreement is agreed upon by the parties and stated in the agreement. In case the parties do not agree on an effective date, the collective labor agreement takes effect from the date of signing.

After taking effect, the collective labor agreement must be respected and implemented by the parties.

2. The enterprise collective labor agreement is valid and applies to the employer and all employees of the enterprise. Industry collective labor agreements and multi-enterprise collective labor agreements are valid and applicable to all employers and employees of enterprises participating in the collective labor agreement.

3. Collective labor agreement has a term from 01 year to 03 years. The specific time limit is agreed upon by the parties and stated in the collective labor agreement. The parties have the right to agree on different terms for the contents of the collective labor agreement.

Article 79. Implementation of collective labor agreements at enterprises

1. Employers and employees, including employees who come to work after the effective date of the collective labor agreement, are obliged to fully implement the effective collective labor agreement.

2. In case the rights, obligations and interests of the parties in a labor contract concluded before the effective date of the collective labor agreement are lower than the corresponding provisions of the collective labor agreement, the collective labor agreement must be implemented. The employer's regulations that are not consistent with the collective labor agreement must be amended accordingly; During the unamended period, the corresponding content of the collective labor agreement will be implemented.

3. When one party believes that the other party has not fully implemented or violated the collective labor agreement, it has the right to request proper implementation of the collective labor agreement and the parties are responsible for jointly considering and resolving it; If it cannot be resolved, each party has the right to request resolution of the collective labor dispute according to the provisions of law.

Article 80. Implementation of enterprise collective labor agreements in case of division, separation, consolidation or merger; selling, leasing, converting business types; Transfer of ownership and rights to use assets of the enterprise

1. In case of division, separation, consolidation or merger; selling, leasing, converting business types; transfer of ownership and use rights of the enterprise's assets, the next employer and the employee representative organization have the right to negotiate according to the provisions of Article 68 of this Code, based on the labor use plan, to consider and choose whether to continue implementing, amend, supplement the old enterprise collective labor agreement or negotiate to sign a new collective labor agreement.

2. In case the enterprise collective labor agreement expires due to the employer terminating its operations, the employee's rights will be resolved according to the provisions of law.

Article 81. Relationship between enterprise collective labor agreements, industry collective labor agreements and multi-enterprise collective labor agreements

1. In case an enterprise collective labor agreement, multi-enterprise collective labor agreement, or industry collective labor agreement stipulates different rights, obligations, and benefits of employees, the content that is most beneficial to the employee shall be implemented.

2. Enterprises that are subject to the application of industry collective labor agreements or collective labor agreements with many enterprises but do not have enterprise collective labor agreements can build enterprise collective labor agreements with contents that are more beneficial to employees than industry collective labor agreements or collective labor agreements with many enterprises.

3. Encourage enterprises that have not yet participated in industry collective labor agreements or collective labor agreements with many enterprises to implement more beneficial content for employees of industry collective labor agreements or collective labor agreements with many enterprises.

Article 82. Amendments and supplements to collective labor agreements

1. The collective labor agreement can only be amended and supplemented according to the voluntary agreement of the parties, through collective bargaining.

Amending and supplementing the collective labor agreement is carried out like negotiating and signing the collective labor agreement.

2. In case the provisions of law change so that the collective labor agreement is no longer in accordance with the provisions of law, the parties must amend and supplement the collective labor agreement in accordance with the provisions of law. During the period of amending and supplementing the collective labor agreement, the rights of employees will be implemented according to the provisions of law.

Article 83. Expiry of collective labor agreement

Within 90 days before the expiration date of the collective labor agreement, the parties may negotiate to extend the term of the collective labor agreement or sign a new collective labor agreement. In case the parties agree to extend the term of the collective labor agreement, opinions must be obtained according to the provisions of Article 76 of this Code.

When the collective labor agreement expires and the parties continue to negotiate, the old collective labor agreement will continue to be implemented for no more than 90 days from the date the collective labor agreement expires, unless the parties agree otherwise.

Article 84. Expanding the scope of application of sectoral collective labor agreements or multi-enterprise collective labor agreements

1. When a sectoral collective labor agreement or collective labor agreement has many enterprises with the scope of application accounting for more than 75% of employees or over 75% of enterprises in the same industry, profession or field in industrial parks, economic zones, export processing zones, high-tech zones, the employer or representative organization of workers there requests the competent state agency to decide to expand the scope of application of part or all of that agreement to the same enterprises. industries, occupations, and fields in industrial parks, economic zones, export processing zones, and high-tech zones.

2. The Government shall detail Clause 1 of this Article; stipulates the order, procedures and authority to decide on expanding the scope of application of the collective labor agreement specified in Clause 1 of this Article.

Article 85. Joining and withdrawing from sectoral collective labor agreements or multi-enterprise collective labor agreements

1. Enterprises may join industry collective labor agreements or multi-enterprise collective labor agreements with the consent of all employers and employee representative organizations at enterprises that are members of the agreement, except for the case specified in Clause 1, Article 84 of this Code.

2. Enterprises that are members of industry collective labor agreements or multi-enterprise collective labor agreements may withdraw from the collective labor agreement with the consent of all employers and employee representative organizations at enterprises that are members of the agreement, except in cases of special difficulties in production and business activities.

3. The Government shall detail this Article.

Article 86. Collective labor agreement is invalid

1. The collective labor agreement is partially invalid when one or several contents of the collective labor agreement violate the law.

2. The collective labor agreement is completely invalid in one of the following cases:

a) The entire content of the collective labor agreement violates the law;

b) The signatory is not authorized;

c) Failure to comply with the process of negotiating and signing the collective labor agreement.

Article 87. Authority to declare collective labor agreements invalid

The People's Court has the right to declare collective labor agreements invalid.

Article 88. Handling invalid collective labor agreements

When the collective labor agreement is declared invalid, the rights, obligations and interests of the parties stated in the collective labor agreement corresponding to the whole or the part declared invalid are resolved according to the provisions of law and legal agreements in the labor contract.

Article 89. Expenses for negotiating and signing collective labor agreements

All costs for negotiating, signing, amending, supplementing, sending and publishing the collective labor agreement are paid by the employer.

Article 90. Wages

1. Wage is the amount of money an employer pays an employee according to an agreement to perform work, including salary according to job or title, salary allowances and other additional payments.

2. Salary according to job or title must not be lower than the minimum wage.

3. Employers must ensure equal pay, regardless of gender, for employees doing work of equal value.

Article 91. Minimum wage

1. Minimum wage is the lowest wage paid to workers doing the simplest jobs under normal working conditions to ensure the minimum living standard of workers and their families, consistent with socio-economic development conditions.

2. The minimum wage is established by region, determined by month and hour.

3. The minimum wage is adjusted based on the minimum living standards of workers and their families; correlation between minimum wage and market wage; consumer price index, economic growth rate; labor supply and demand relationships; employment and unemployment; labor productivity; enterprise's ability to pay.

4. The Government shall detail this Article; Decide and announce the minimum wage based on recommendations of the National Wage Council.

Article 92. National Wage Council

1. The National Wage Council is an advisory body to the Government on minimum wages and wage policies for employees.

2. The Prime Minister establishes the National Wage Council consisting of members who are representatives of the Ministry of Labor, War Invalids and Social Affairs, the Vietnam General Confederation of Labor, a number of central employer representative organizations and independent experts.

3. The Government regulates the functions, tasks, organizational structure and operations of the National Wage Council.

Article 93. Construction of salary scale, salary table and labor norms

1. The employer must develop a salary scale, salary table and labor norms as a basis for recruiting, using employees, negotiating salaries according to the job or title stated in the labor contract and paying employees.

2. The labor level must be an average level that can be achieved by the majority of workers without having to extend normal working hours and must be applied on a trial basis before being officially issued.

3. The employer must consult with the representative organization of employees at the grassroots level for places where there is a representative organization of employees at the grassroots level when developing salary scales, payroll and labor norms.

Salary scales, salary tables and labor levels must be publicly announced at the workplace before implementation.

Article 94. Principles of salary payment

1. Employers must pay salaries directly, fully and on time to employees. In case the employee cannot receive salary directly, the employer can pay salary to the person legally authorized by the employee.

2. The employer must not restrict or interfere with the employee's right to decide on salary spending; Employees must not be forced to spend their salary on purchasing goods or using services from the employer or another unit designated by the employer.

Article 95. Salary payment

1. The employer pays the employee based on the agreed salary, labor productivity and quality of work performance.

2. The salary stated in the labor contract and the salary paid to the employee are in Vietnamese Dong. In case the employee is a foreigner in Vietnam, it can be in foreign currency.

3. Each time a salary is paid, the employer must notify the employee of the salary statement, clearly stating the salary, overtime salary, night work salary, content and amount deducted (if any).

Article 96. Form of salary payment

1. The employer and employee agree on the form of payment based on time, product or piece of work.

2. Salaries are paid in cash or through the employee's personal account opened at a bank.

In case the salary is paid through the employee's personal account opened at a bank, the employer must pay fees related to opening the account and transferring the salary.

3. The Government shall detail this Article.

Article 97. Salary payment period

1. Employees who are paid by the hour, day, or week are paid after the hour, day, or week of work or are paid in lump sum as agreed upon by both parties but must not exceed 15 days and must be paid in one lump sum.

2. Employees who receive a monthly salary are paid once a month or once every half a month. The time of salary payment is agreed upon by both parties and must be set at a cyclical time.

3. Employees who receive wages based on products or pieces of work are paid according to the agreement of both parties; If the work must be done for many months, monthly salary will be advanced according to the amount of work done during the month.

4. In case due to force majeure the employer has tried all remedies but cannot pay wages on time, the delay must not exceed 30 days; If salary is paid late for 15 days or more, the employer must compensate the employee with an amount at least equal to the interest on the late payment amount calculated according to the 1-month term deposit interest rate announced by the bank where the employer opens the employee's salary account at the time of salary payment.

Article 98. Wages for overtime and night work

1. Employees who work overtime are paid based on the salary unit price or actual salary paid according to the job being performed as follows:

a) On weekdays, at least 150%;

b) On weekly holidays, at least 200%;

c) On holidays, New Year, paid days off, at least equal to 300%, not including the salary for holidays, New Year, paid days off for employees receiving daily wages.

2. Employees who work at night are paid an additional amount of at least 30% of the salary calculated based on the salary unit price or actual salary paid according to the work of a normal working day.

3. If an employee works overtime at night, in addition to being paid as prescribed in Clauses 1 and 2 of this Article, the employee will also be paid an additional 20% of the salary calculated according to the salary unit price or salary based on work performed during the day on a normal working day or on a weekly day off or on a public holiday.

4. The Government regulates this Article in detail.

Article 99. Salary for termination of employment

In case of work stoppage, employees are paid as follows:

1. If it is due to the employer's fault, the employee is paid the full salary according to the labor contract;

2. If it is the employee's fault, he or she will not be paid; Other employees in the same unit who have to stop working will be paid at a rate agreed upon by both parties but not lower than the minimum wage;

3. If due to electricity or water problems that are not due to the employer's fault or due to natural disasters, fires, dangerous epidemics, enemy sabotage, relocation of the operating location at the request of a competent state agency or for economic reasons, the two parties shall agree on salary for termination of work as follows:

a) In case of cessation of work for 14 working days or less, the salary for cessation of work shall be agreed to be no lower than the minimum wage;

b) In case of stopping work for more than 14 working days, the salary for stopping work shall be agreed upon by both parties but must ensure that the salary for stopping work for the first 14 days is not lower than the minimum wage.

Article 100. Payment of wages through the contractor

1. Where a contractor or person with a similar intermediary role is used, the employer who is the main owner must have a list and address of these people, along with a list of workers working with them and must ensure their compliance with the provisions of law on wages, occupational safety and hygiene.

2. In case the contractor or person with a similar intermediary role does not pay wages or does not pay them fully and does not ensure other benefits for the workers, the employer as the main owner must be responsible for paying wages and ensuring benefits for the workers.

In this case, the employer as the main owner has the right to request compensation from the contractor or a person with a similar intermediary role or request a competent state agency to resolve the dispute according to the provisions of law.

Article 101. Salary advance

1. Employees receive salary advances according to conditions agreed upon by both parties and are not charged interest.

2. The employer must give the employee a salary advance corresponding to the number of days the employee is temporarily absent from work to perform civic duty for 01 week or more but not exceeding 01 month's salary according to the labor contract and the employee must repay the advance amount.

Employees who enlist in the military under the provisions of the Military Service Law are not entitled to salary advances.

3. When taking annual leave, employees are given an advance payment at least equal to the salary for the days off.

Article 102. Deduction from salary

1. The employer may only deduct the employee's salary to compensate for damages caused by damaging the employer's tools, equipment, and property according to the provisions of Article 129 of this Code.

2. Employees have the right to know the reason for deductions from their salary.

3. The monthly salary deduction must not exceed 30% of the employee's actual monthly salary after deductions for compulsory social insurance, health insurance, unemployment insurance, and personal income tax.

Article 103. Salary increase, rank promotion, allowances and subsidies

Salary increases, promotions, allowances, subsidies and incentive regimes for employees are agreed upon in the labor contract, collective labor agreement or regulations of the employer.

Article 104. Rewards

1. Bonus is the amount of money or property or in other forms that the employer rewards the employee based on production and business results and the level of work completion of the employee.

2. Bonus regulations are decided by the employer and publicly announced at the workplace after consulting with the employee representative organization at the grassroots level for places where there is an employee representative organization at the grassroots level.

Section 1. WORKING HOURS

Article 105. Normal working hours

1. Normal working hours do not exceed 08 hours in 01 day and do not exceed 48 hours in 01 week.

2. The employer has the right to regulate working hours by day or week but must notify the employee; In case of weekly work, normal working hours do not exceed 10 hours in a day and do not exceed 48 hours in a week.

The State encourages employers to implement a 40-hour working week for employees.

3. The employer is responsible for ensuring that the working time limit of exposure to dangerous and harmful elements is in accordance with national technical regulations and relevant laws.

Article 106. Night working hours

Night working hours are calculated from 10:00 p.m. to 6:00 a.m. the next day.

Article 107. Overtime

1. Overtime is the period of time worked outside of normal working hours as prescribed by law, collective labor agreement or labor regulations.

2. Employers are allowed to employ employees to work overtime when they fully meet the following requirements:

a) Must have the consent of the employee;

b) Ensure that employees' overtime hours do not exceed 50% of normal working hours in a day; In case the regulation on normal weekly working hours is applied, the total number of normal working hours and overtime hours must not exceed 12 hours in 1 day; no more than 40 hours in 1 month;

c) Ensure that the overtime hours of employees do not exceed 200 hours in 1 year, except for the cases specified in Clause 3 of this Article.

3. Employers are allowed to employ employees to work overtime for no more than 300 hours in a year in the following industries, occupations, jobs or cases:

a) Production, processing and export of textile, garment, leather, shoe, electrical, electronic products, agricultural, forestry, salt and fishery products;

b) Production, supply of electricity, telecommunications, oil refining; water supply and drainage;

c) In case of solving tasks that require workers with high professional and technical qualifications that the labor market does not provide fully and promptly;

d) In cases where urgent work must be resolved that cannot be delayed due to the seasonal nature or timing of raw materials or products, or to resolve work arising due to unforeseen objective factors, due to weather consequences, natural disasters, fires, enemy sabotage, lack of electricity, lack of raw materials, technical problems of the production line;

d) Other cases prescribed by the Government.

4. When organizing overtime according to the provisions of Clause 3 of this Article, the employer must notify in writing the specialized labor agency under the Provincial People's Committee.

5. The Government regulates this Article in detail.

Article 108. Overtime in special cases

The employer has the right to request the employee to work overtime on any day without limitation on the number of overtime hours as prescribed in Article 107 of this Code and the employee may not refuse in the following cases:

1. Implement mobilization and mobilization orders to ensure national defense and security tasks according to the provisions of law;

2. Carry out work to protect human life and property of agencies, organizations and individuals in preventing and overcoming the consequences of natural disasters, fires, dangerous epidemics and disasters, except in cases where there is a risk of affecting the life and health of workers according to the provisions of law on occupational safety and hygiene.

Section 2. REST TIME

Article 109. Rest during working hours

1. Employees who work according to the working hours specified in Article 105 of this Code from 06 hours or more in a day are entitled to a break of at least 30 consecutive minutes, and those who work at night are entitled to a break of at least 45 consecutive minutes.

In case an employee works in a continuous shift of 6 hours or more, the break time is counted as working hours.

2. In addition to the break period specified in Clause 1 of this Article, the employer shall arrange breaks for employees and record them in the labor regulations.

Article 110. Shift change break

Shift workers are entitled to at least 12 hours off before moving to another shift.

Article 111. Weekly leave

1. Each week, workers are entitled to at least 24 consecutive hours of rest. In special cases where weekly breaks are not possible due to the labor cycle, the employer is responsible for ensuring that employees have at least 4 days off on average per month.

2. The employer has the right to decide to arrange the weekly day off on Sunday or another determined day of the week but must record it in the labor regulations.

3. If the weekly day off coincides with a public holiday specified in Clause 1, Article 112 of this Code, the employee is entitled to compensate for the weekly day off on the next working day.

Article 112. Holidays and New Year holidays

1. Employees are entitled to leave from work and receive full pay during the following holidays:

a) New Year's Day: 01 day (January 1 of the solar calendar);

b) Lunar New Year: 05 days;

c) Victory Day: 01 day (April 30 of the solar calendar);

d) International Labor Day: 01 day (May 1 of the solar calendar);

d) National Day: 02 days (September 2 of the solar calendar and 01 day immediately before or after);

e) Hung King's Death Anniversary: ​​01 day (March 10th of the lunar calendar).

2. Foreign workers working in Vietnam, in addition to the days off as prescribed in Clause 1 of this Article, are also entitled to 01 additional day off for the traditional Tet holiday and 01 day off for their country's National Day.

3. Every year, based on actual conditions, the Prime Minister decides on specific days off specified in Points b and dd, Clause 1 of this Article.

Article 113. Annual leave

1. Employees who work for a full 12 months for an employer are entitled to annual leave with full salary according to the labor contract as follows:

a) 12 working days for people doing work under normal conditions;

b) 14 working days for minor workers, disabled workers, and people doing heavy, toxic, and dangerous jobs;

c) 16 working days for people doing extremely heavy, toxic and dangerous occupations and jobs.

2. Employees who work less than 12 months for an employer will have the number of annual leave days proportional to the number of months worked.

3. In case you quit your job or lose your job but have not yet taken annual leave or have not taken all the days of annual leave, the employer will pay the salary for the days not taken off.

4. The employer is responsible for determining the annual leave schedule after consulting with the employee and must notify the employee in advance. Employees can agree with the employer to take annual leave in installments or combine leave for up to 3 years at a time.

5. When taking annual leave but the salary period has not yet reached, the employee is entitled to an advance salary according to the provisions of Clause 3, Article 101 of this Code.

6. When taking annual leave, if the employee travels by road, rail, or waterway and the number of days on the road both there and back is more than 02 days, from the 3rd day onwards the travel time will be counted in addition to the annual leave day and will only be counted for 01 leave in the year.

7. The Government regulates this in detail.

Article 114. Annual leave days increase according to working seniority

For every 5 years of working for an employer, the employee's number of annual leave days as prescribed in Clause 1, Article 113 of this Code is increased by 1 day.

Article 115. Personal leave, unpaid leave

1. Employees are entitled to leave from personal work while still receiving full salary and must notify the employer in the following cases:

a) Marriage: 03 days off;

b) Biological children, adopted children getting married: 01 day off;

c) Biological father, biological mother, adoptive father, adoptive mother; biological father, biological mother, adoptive father, adoptive mother of the spouse; spouse; biological child or adopted child dies: 03 days off.

2. Employees are entitled to 1 day of unpaid leave and must notify the employer when their grandfather, grandmother, maternal grandfather, maternal grandmother, brother, sister, or younger sibling die; one parent is married; Brothers, sisters, and siblings get married.

3. In addition to the provisions in Clauses 1 and 2 of this Article, employees can agree with the employer to take unpaid leave.

Section 3. WORKING HOURS AND REST TIME FOR PEOPLE DOING SPECIAL WORK

Article 116. Working hours and rest hours for people doing special jobs

For jobs of special nature in the field of road, rail, waterway and air transport; exploration and exploitation of oil and gas at sea; working at sea; in the field of art; use radiation and nuclear techniques; application of high-frequency wave technology; informatics, information technology; research and application of advanced science and technology; industrial design; work of divers; work in the pit; Seasonal production work, processing work according to orders; Work must be on duty 24/7; For other special jobs prescribed by the Government, the Ministries and branches in charge shall specifically regulate working hours and rest hours after reaching agreement with the Ministry of Labor, War Invalids and Social Affairs and must comply with the provisions of Article 109 of this Code.

Section 1. LABOR DISCIPLINE

Article 117. Labor discipline

Labor discipline is the regulations on compliance with time, technology and production and business management issued by the employer in labor regulations and prescribed by law.

Article 118. Labor regulations

1. The employer must issue labor regulations. If employing 10 or more employees, the labor regulations must be in writing.

2. The content of labor regulations must not be contrary to labor laws and relevant legal regulations. Labor regulations include the following main contents:

a) Working hours and rest times;

b) Order at the workplace;

c) Occupational safety and hygiene;

d) Prevent and combat sexual harassment in the workplace; order and procedures for handling sexual harassment in the workplace;

d) Protection of assets and business secrets, technological secrets, and intellectual property of the employer;

e) In case the employee is temporarily transferred to a job different from the labor contract;

g) Violations of labor discipline by employees and forms of labor discipline;

h) Material liability;

i) Person with authority to handle labor discipline.

3. Before promulgating labor regulations or amending or supplementing labor regulations, the employer must consult with the representative organization of employees at the facility for the place where there is a representative organization of employees at the facility.

4. Labor regulations must be notified to employees and the main contents must be posted in necessary places in the workplace.

5. The Government regulates this Article in detail.

Article 119. Registration of labor regulations

1. Employers employing 10 or more employees must register labor regulations at the specialized labor agency under the Provincial People's Committee where the employer registers business.

2. Within 10 days from the date of promulgation of labor regulations, the employer must submit an application for registration of labor regulations.

3. Within 07 working days from the date of receiving the labor regulations registration dossier, if the labor regulations contain provisions contrary to the law, the specialized labor agency under the Provincial People's Committee shall notify and guide the employer to amend, supplement and re-register.

4. Employers with branches, units, and production and business establishments located in many different areas shall send registered labor regulations to the specialized labor agency under the Provincial People's Committee where the branch, unit, production and business establishment is located.

5. Based on specific conditions, the specialized labor agency under the Provincial People's Committee may authorize the specialized labor agency under the District People's Committee to register labor regulations according to the provisions of this Article.

Article 120. Dossier for registration of labor regulations

Dossier to register labor regulations includes:

1. Written request for registration of labor regulations;

2. Labor regulations;

3. Written comments from the grassroots employee representative organization for places where there is a grassroots employee representative organization;

4. The employer's documents contain regulations related to labor discipline and material responsibility (if any).

Article 121. Effect of labor regulations

Labor regulations take effect 15 days after the date the competent state agency specified in Article 119 of this Code receives a complete application for registration of labor regulations.

In case an employer employing less than 10 employees issues written labor regulations, the validity is decided by the employer in the labor regulations.

Article 122. Principles, order and procedures for handling labor discipline

1. Labor discipline handling is regulated as follows:

a) The employer must prove the employee's fault;

b) There must be the participation of the employee representative organization at the facility of which the employee being disciplined is a member;

c) The employee must be present and has the right to defend himself or ask a lawyer or employee representative organization to defend him; In case of a person under 15 years old, there must be the participation of a legal representative;

d) Labor disciplinary action must be recorded in minutes.

2. Do not apply multiple forms of labor discipline for a violation of labor discipline.

3. When an employee simultaneously commits multiple violations of labor discipline, only the highest form of discipline corresponding to the most serious violation will be applied.

4. Labor disciplinary action shall not be taken against employees during the following periods:

a) Sickness and convalescence leave; Leave work with the consent of the employer;

b) Being detained or detained;

c) Waiting for the results of the competent authority to investigate, verify and conclude the violations specified in Clauses 1 and 2, Article 125 of this Code;

d) Pregnant female employees; Employees taking maternity leave or raising children under 12 months old.

5. Do not take labor disciplinary action against employees who violate labor discipline while suffering from mental illness or another illness that causes them to lose their cognitive ability or ability to control their behavior.

6. The Government regulates the order and procedures for handling labor discipline.

Article 123. Statute of limitations for labor disciplinary action

1. The statute of limitations for labor disciplinary action is 6 months from the date of the violation; In case the violation is directly related to finances, property, disclosure of technological secrets, business secrets of the employer, the statute of limitations for labor disciplinary action is 12 months.

2. At the end of the time limit specified in Clause 4, Article 122 of this Code, if the statute of limitations expires or the statute of limitations remains but not enough for 60 days, the statute of limitations for labor disciplinary action may be extended but must not exceed 60 days from the date of expiration of the above period.

3. The employer must issue a decision on labor discipline within the time limit specified in Clauses 1 and 2 of this Article.

Article 124. Forms of labor discipline

1. Reprimand.

2. Extend the salary increase period to no more than 6 months.

3. Demotion.

4. Dismissal.

Article 125. Application of disciplinary action of dismissal

The disciplinary form of dismissal is applied by the employer in the following cases:

1. Employees commit acts of theft, embezzlement, gambling, intentionally causing injury, or using drugs at work;

2. The employee commits acts of disclosing business secrets, technological secrets, infringing on the intellectual property rights of the employer, acts of causing serious damage or threatening to cause particularly serious damage to the property or interests of the employer or sexually harassing in the workplace as stipulated in the labor regulations;

3. The employee is disciplined to extend the salary increase or demotion but repeats the offense while the disciplinary action has not been removed. Recidivism is the case in which an employee repeats a violation that has been disciplined but has not yet had the disciplinary action removed as prescribed in Article 126 of this Code;

4. The employee voluntarily quits his job for 05 cumulative days within a period of 30 days or 20 cumulative days within a period of 365 days from the first day of voluntarily quitting his job without a legitimate reason.

Cases considered to have legitimate reasons include natural disasters, fires, illness of oneself or a relative with confirmation from a competent medical examination and treatment facility and other cases specified in the labor regulations.

Article 126. Elimination of discipline and reduction of time limit for serving labor discipline

1. Employees who are reprimanded after 03 months or are disciplined with an extension of the salary increase period after 06 months or are disciplined and dismissed after 03 years from the date of punishment, if they do not continue to violate labor discipline, the disciplinary action will automatically be removed.

2. If an employee is disciplined with an extension of the salary increase period after serving half of the term, if he/she makes progress, the employer may consider reducing the time limit.

Article 127. Prohibited acts when handling labor discipline

1. Violating the health, honor, life, reputation and dignity of workers.

2. Fines and salary cuts instead of labor disciplinary measures.

3. Discipline labor for employees whose violations are not specified in the internal labor regulations or not agreed upon in the concluded labor contract or not regulated by labor laws.

Article 128. Temporary suspension of work

1. The employer has the right to temporarily suspend the employee's work when the violation has complicated circumstances if it is deemed that allowing the employee to continue working will make verification difficult. Temporarily suspending a worker's work can only be done after consulting with the representative organization of workers at the establishment of which the worker being considered for temporary suspension is a member.

2. The duration of temporary work suspension must not exceed 15 days, and in special cases must not exceed 90 days. During the period of temporary work suspension, the employee is entitled to an advance of 50% of the salary before the work suspension.

At the end of the work suspension period, the employer must accept the employee back to work.

3. In case the employee is subject to labor discipline, the employee does not have to return the advance salary.

4. In case the employee is not subject to labor discipline, the employer will pay the full salary for the period of temporary suspension from work.

Section 2. MATERIAL RESPONSIBILITY

Article 129. Compensation for damages

1. Employees who damage tools and equipment or commit other acts that cause damage to the employer's property must compensate according to the provisions of law or the employer's labor regulations.

In case the employee causes non-serious damage due to negligence with a value not exceeding 10 months' regional minimum wage announced by the Government applicable at the place where the employee works, the employee must compensate at most 03 months' salary and have it deducted monthly from the salary according to the provisions of Clause 3, Article 102 of this Code.

2. An employee who loses tools, equipment, property of the employer or other assets assigned by the employer or consumes materials beyond the allowable limit must compensate for partial or total damage according to current market prices or internal labor regulations; In case there is a liability contract, compensation must be made according to the liability contract; In cases where natural disasters, fires, enemy sabotage, dangerous epidemics, catastrophes, or objective events occur that cannot be foreseen and cannot be overcome even though all necessary and permissible measures have been applied, compensation is not required.

Article 130. Handling of compensation for damages

1. The consideration and decision on compensation levels must be based on the fault, the actual level of damage and the actual circumstances of the employee's family, personal identity and assets.

2. The Government regulates the order, procedures, and statute of limitations for handling damage compensation.

Article 131. Complaints about labor discipline and material liability

A person who is subject to labor discipline, temporarily suspended from work or subject to compensation according to the material liability regime, if found unsatisfactory, has the right to complain to the employer, to the competent authority according to the provisions of law or to request resolution of labor disputes according to the order prescribed by law.

The Government regulates this Article in detail.

Article 132. Compliance with laws on occupational safety and hygiene

Employers, employees and agencies, organizations and individuals related to labor, production and business must comply with the provisions of law on occupational safety and hygiene.

Article 133. Occupational safety and hygiene program

1. The Government decides on the National Program on occupational safety and hygiene.

2. The Provincial People's Committee submits to the People's Council at the same level to decide on the local occupational safety and hygiene program and include it in the socio-economic development plan.

Article 134. Ensuring occupational safety and hygiene at the workplace

1. Employers are responsible for fully implementing solutions to ensure labor safety and hygiene in the workplace.

2. Employees are responsible for complying with regulations, rules, procedures, and requirements on occupational safety and hygiene; Comply with the law and master knowledge and skills on measures to ensure occupational safety and hygiene in the workplace.

Article 135. State policy

1. Ensure equal rights of female and male workers, implement measures to ensure gender equality and prevent and combat sexual harassment in the workplace.

2. Encourage employers to create conditions for female and male employees to have regular jobs, widely apply flexible work schedules, part-time work, and work at home.

3. Take measures to create jobs, improve working conditions, raise professional qualifications, provide health care, and enhance the material and mental welfare of female workers to help female workers effectively promote their professional capacity and harmoniously combine working life and family life.

4. There is a tax reduction policy for employers that employ many female workers according to tax laws.

5. The State has plans and measures to organize kindergartens and kindergartens in places with many workers. Expand many types of training that are favorable for female workers to have additional backup jobs and are suitable for women's physical, physiological and maternal characteristics.

6. The Government shall detail this Article.

Article 136. Responsibilities of the employer

1. Ensure implementation of gender equality and measures to promote gender equality in recruitment, placement, job placement, training, working hours, rest hours, salaries and other regimes.

2. Consult with female workers or their representatives when deciding on issues related to women's rights and interests.

3. Ensure there are adequate showers and toilets in the workplace.

4. Help and support the construction of kindergartens or kindergartens or part of the costs of child care and kindergarten for employees.

Article 137. Maternity protection

1. Employers are not allowed to employ employees to work at night, work overtime, or go on long business trips in the following cases:

a) Pregnant from the 7th month or from the 6th month if working in highland, remote, border, or island areas;

b) Are raising a child under 12 months old, unless otherwise agreed by the employee.

2. Female workers doing occupations or jobs that are heavy, toxic, dangerous or particularly heavy, toxic or dangerous or doing occupations or jobs that have a negative impact on reproductive and child-rearing functions during pregnancy and notify the employer will be allowed to change to lighter, safer work or reduce 01 hour of daily work without any reduction in salary, rights and benefits until the end of the period of raising children under 12 months of age.

3. The employer is not allowed to fire or unilaterally terminate the labor contract with the employee for reasons of marriage, pregnancy, maternity leave, or raising a child under 12 months of age, except in cases where the employer is an individual who dies, is declared by the Court to have lost civil act capacity, is missing or dead, or the employer is not an individual who terminates operations or is notified by the specialized business registration agency of the Provincial People's Committee that there is no such thing. legal representative, person authorized to exercise the rights and obligations of a legal representative.

In case the labor contract expires while the female employee is pregnant or raising a child under 12 months old, priority will be given to entering into a new labor contract.

4. During menstruation, female workers are entitled to 30 minutes of rest per day, and while raising children under 12 months of age, they are entitled to 60 minutes of rest per day during working time. During the time off, you will still receive full salary according to the labor contract.

Article 138. Right to unilaterally terminate or suspend the labor contract of pregnant female employees

1. If a pregnant female employee has confirmation from a competent medical examination and treatment facility that continuing to work will adversely affect the fetus, she has the right to unilaterally terminate the labor contract or suspend the implementation of the labor contract.

In case of unilateral termination of the labor contract or temporary postponement of the labor contract, the employer must be notified with confirmation from a competent medical examination and treatment facility that continuing to work will adversely affect the fetus.

2. In case of temporary postponement of the labor contract, the period of suspension shall be agreed between the employee and the employer but must be at least equal to the period of time specified by the competent medical examination and treatment facility. In case there is no indication from a competent medical examination and treatment facility regarding the temporary leave period, the two parties shall agree on the temporary suspension period of the labor contract.

Article 139. Maternity leave

1. Female employees are entitled to 6 months of maternity leave before and after giving birth; Prenatal leave period must not exceed 02 months.

In case a female employee gives birth to twins or more, from the second child onwards, for each child, the mother is entitled to an additional month of leave.

2. During maternity leave, female employees are entitled to maternity benefits according to the provisions of law on social insurance.

3. At the end of the maternity leave period as prescribed in Clause 1 of this Article, if needed, the female employee can take an additional period of unpaid leave after agreement with the employer.

4. Before the end of the maternity leave period as prescribed in Clause 1 of this Article, female employees can return to work after taking at least 04 months of leave, but the employee must notify in advance, obtain the consent of the employer and have confirmation from a competent medical examination and treatment facility that going to work early is not harmful to the employee's health. In this case, in addition to the salary for working days paid by the employer, the female employee continues to receive maternity benefits according to the provisions of the law on social insurance.

5. Male employees whose wives give birth, employees who adopt children under 6 months old, female employees who are surrogate mothers, and employees who are surrogate mothers are entitled to leave and enjoy maternity benefits in accordance with the law on social insurance.

Article 140. Job security for employees on maternity leave

Employees are guaranteed their old job when returning to work after the end of their leave as prescribed in Clauses 1, 3 and 5, Article 139 of this Code without any reduction in salary, rights and benefits compared to before maternity leave; In case the old job no longer exists, the employer must arrange another job for them with a salary not lower than the salary before maternity leave.

Article 141. Allowances during the time of taking care of sick children, maternity leave and implementing contraceptive measures

During the time off work when taking care of a sick child under 7 years old, prenatal check-up, miscarriage, abortion, aspiration, stillbirth, pathological abortion, performing contraceptive measures, sterilization, the employee is entitled to benefits according to the provisions of law on social insurance.

Article 142. Occupations and jobs that have adverse effects on reproductive and child-rearing functions

1. The Minister of Labor, War Invalids and Social Affairs promulgates a list of occupations and jobs that have a negative impact on reproductive and child-rearing functions.

2. Employers must provide full information about the dangerous nature, risks, and requirements of the job for employees to choose and must ensure safe and hygienic conditions for employees according to regulations when using them to do jobs on the list specified in Clause 1 of this Article.

Section 1. UNDER WORKERS

Article 143. Minor workers

1. A minor worker is a worker who is not yet 18 years old.

2. People from 15 years old to under 18 years old are not allowed to do the work or work in the workplace specified in Article 147 of this Code.

3. People from 13 years old to under 15 years old are only allowed to do light work according to the list issued by the Minister of Labor, War Invalids and Social Affairs.

4. People under 13 years old are only allowed to do jobs as prescribed in Clause 3, Article 145 of this Code.

Article 144. Principles of using minor workers

1. Minor workers are only allowed to do work that is suitable for their health to ensure the development of physical strength, mental ability, and personality.

2. When employing minors, employers are responsible for taking care of the employees in terms of work, health, and learning during the working process.

3. When employing minor workers, the employer must have the consent of the father, mother or guardian; Set up a separate monitoring book, recording full name, date of birth, current job, results of periodic health checks and present it when requested by a competent state agency.

4. Employers must create opportunities for minor workers to receive cultural education, vocational education, training, fostering, and improving vocational skills.

Article 145. Employing people under 15 years old to work

1. When employing people under 15 years old to work, employers must comply with the following regulations:

a) Must enter into a written labor contract with a person under 15 years old and that person's legal representative;

b) Arrange working hours that do not affect the study time of people under 15 years old;

c) Must have a health certificate from a competent medical examination and treatment facility certifying that the person under 15 years old is fit for work and organize a periodic health check at least once every 6 months;

d) Ensure working conditions, safety, and occupational hygiene appropriate to age.

2. Employers are only allowed to recruit and employ people from 13 years old to under 15 years old to do light work as prescribed in Clause 3, Article 143 of this Code.

3. Employers are not allowed to recruit and employ people under 13 years old to work, except for art, physical education, and sports jobs that do not harm the physical, mental, or personality development of people under 13 years old and must have the consent of the specialized labor agency under the Provincial People's Committee.

4. The Minister of Labor, War Invalids and Social Affairs shall detail this Article.

Article 146. Working hours of minors

1. Working hours for people under 15 years old must not exceed 4 hours in a day and 20 hours in a week; Do not work overtime or work at night.

2. Working hours of people from 15 years old to under 18 years old must not exceed 08 hours in 01 day and 40 hours in 01 week. People from 15 years old to under 18 years old can work overtime or work at night in a number of occupations and jobs according to the list issued by the Minister of Labor, War Invalids and Social Affairs.

Article 147. Jobs and workplaces that prohibit the employment of workers from 15 years old to under 18 years old

1. It is prohibited to employ workers from 15 years old to under 18 years old to do the following jobs:

a) Carrying, carrying, or lifting heavy objects that are beyond the physical condition of a minor;

b) Producing and trading in alcohol, wine, beer, cigarettes, substances that affect the spirit or other addictive substances;

c) Producing, using or transporting chemicals, gases, explosives;

d) Maintenance and upkeep of equipment and machinery;

d) Demolition of construction works;

e) Cooking, blowing, casting, rolling, stamping, and welding of metal;

g) Scuba diving, offshore fishing;

h) Other work that harms the physical, mental, and personality development of minors.

2. It is prohibited to employ workers from 15 years old to under 18 years old to work in the following places:

a) Under water, underground, in caves, in tunnels;

b) Construction site;

c) Livestock slaughterhouse;

d) Casinos, bars, dance halls, karaoke rooms, hotels, motels, sauna facilities, massage establishments; Lottery business locations and electronic game services;

d) Other workplaces cause harm to the physical, mental, and personality development of minors.

3. The Minister of Labor, War Invalids and Social Affairs stipulates the list at Point h, Clause 1 and Point dd, Clause 2 of this Article.

Section 2. OLDER WORKERS

Article 148. Elderly workers

1. Elderly employee is a person who continues to work after the age prescribed in Clause 2, Article 169 of this Code.

2. Elderly employees have the right to agree with the employer on shortening daily working hours or applying a partial-time working regime.

3. The State encourages the use of elderly workers to work in accordance with their health to ensure labor rights and effective use of human resources.

Article 149. Employing elderly workers

1. When employing elderly workers, both parties can agree to enter into multiple fixed-term labor contracts.

2. When an elderly employee is receiving a pension according to the provisions of the Social Insurance Law and works under a new labor contract, in addition to the benefits currently enjoyed under the pension regime, the elderly employee is entitled to salary and other benefits according to the provisions of law and the labor contract.

3. Do not employ elderly workers to do occupations or jobs that are heavy, toxic, dangerous, or particularly heavy, toxic, or dangerous that have a negative impact on the health of elderly workers, unless safe working conditions are guaranteed.

4. Employers are responsible for taking care of the health of elderly employees at work.

Section 3. VIETNAMESE WORKERS WORKING ABROAD, WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM, FOREIGN WORKERS WORKING IN VIETNAM

Article 150. Vietnamese workers working abroad, working for foreign organizations and individuals in Vietnam

1. The State encourages businesses, agencies, organizations and individuals to seek and expand the labor market to send Vietnamese workers to work abroad.

Vietnamese workers working abroad must comply with the provisions of Vietnamese law and the law of the host country, unless an international treaty to which the Socialist Republic of Vietnam is a member has other provisions.

2. Vietnamese citizens working for foreign organizations in Vietnam, in industrial parks, economic zones, export processing zones, high-tech zones or working for individuals who are foreign citizens in Vietnam must comply with Vietnamese law and be protected by law.

3. The Government regulates in detail the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Article 151. Conditions for foreign workers working in Vietnam

1. Foreign workers working in Vietnam are people with foreign nationality and must meet the following conditions:

a) Be 18 years old or older and have full civil act capacity;

b) Have professional qualifications, techniques, skills, and work experience; Have good health according to regulations of the Minister of Health;

c) Not a person who is serving a sentence or has not had his/her criminal record erased or is being prosecuted for criminal liability according to the provisions of foreign law or Vietnamese law;

d) Have a work permit issued by a competent Vietnamese state agency, except for the cases specified in Article 154 of this Code.

2. The term of the labor contract for foreign workers working in Vietnam must not exceed the term of the Work Permit. When using foreign workers to work in Vietnam, the two parties can agree to enter into multiple, fixed-term labor contracts.

3. Foreign workers working in Vietnam must comply with Vietnamese labor laws and be protected by Vietnamese laws, unless an international treaty to which the Socialist Republic of Vietnam is a member has other provisions.

Article 152. Conditions for recruiting and using foreign workers to work in Vietnam

1. Enterprises, agencies, organizations, individuals, and contractors are only allowed to recruit foreign workers to fill management, executive, expert, and technical labor positions that Vietnamese workers cannot meet according to production and business needs.

2. Before recruiting foreign workers to work in Vietnam, businesses, agencies, organizations and individuals must explain their need for labor and obtain written approval from a competent state agency.

3. Before recruiting and using foreign workers to work in Vietnam, contractors must specifically declare the job positions, professional and technical qualifications, work experience, and working time required to use foreign workers to carry out the bidding package and obtain written approval from a competent state agency.

Article 153. Responsibilities of employers and foreign workers

1. Foreign workers must present their work permit when requested by a competent state agency.

2. Foreign workers working in Vietnam without a work permit will be forced to leave or deported according to the provisions of law on entry, exit, transit, and residence of foreigners in Vietnam.

3. Employers who employ foreign workers to work for them without a work permit will be handled according to the provisions of law.

Article 154. Foreign workers working in Vietnam are not subject to work permits

1. Be an owner or capital contributing member of a limited liability company with capital contribution value according to Government regulations.

2. Be the Chairman of the Board of Directors or a member of the Board of Directors of a joint stock company with capital contribution value according to Government regulations.

3. Be the Head of a representative office, project or be primarily responsible for the activities of international organizations and foreign non-governmental organizations in Vietnam.

4. Enter Vietnam for less than 3 months to offer services.

5. Entering Vietnam for a period of less than 03 months to handle incidents or complex technical and technological situations that affect or threaten to affect production and business that cannot be handled by Vietnamese experts and foreign experts currently in Vietnam.

6. Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers.

7. In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member.

8. Foreigners marry Vietnamese and live in Vietnamese territory.

9. Other cases according to Government regulations.

Article 155. Term of work permit

The maximum term of a work permit is 02 years. In case of extension, it can only be extended once for a maximum period of 02 years.

Article 156. Cases where work permits expire

1. Work permit expires.

2. Termination of labor contract.

3. The content of the labor contract is not consistent with the content of the issued work permit.

4. Working inconsistently with the contents of the issued work permit.

5. Contracts in the fields that form the basis for expired or terminated work permits.

6. There is a written notice from the foreign party to stop sending foreign workers to work in Vietnam.

7. Vietnamese enterprises, organizations, partners or foreign organizations in Vietnam that employ foreign workers terminate their operations.

8. Work permit is revoked.

Article 157. Issuance, re-issuance, extension, revocation of work permits and confirmation of non-qualification of work permits

The Government regulates the conditions, order, and procedures for granting, re-issuing, extending, and revoking work permits and certification of non-work permit eligibility for foreign workers working in Vietnam.

Section 4. DISABLED EMPLOYEES

Article 158. State policy towards disabled workers

The State protects the labor rights and self-employment of disabled workers; Have appropriate incentive and incentive policies for employers in creating jobs and recruiting disabled employees in accordance with the law on people with disabilities.

Article 159. Employing disabled people

1. Employers must ensure working conditions, working tools, safety, occupational hygiene and organize periodic health examinations suitable for employees with disabilities.

2. Employers must consult disabled employees when deciding on issues related to their rights and interests.

Article 160. Prohibited acts when employing disabled people

1. Employing employees with mild disabilities, reduced working ability of 51% or more, severe disabilities or extremely severe disabilities to work overtime or work at night, unless the disabled employee agrees.

2. Employing disabled employees to do heavy, hazardous and dangerous work according to the list issued by the Minister of Labor, War Invalids and Social Affairs without the consent of the disabled person after being provided with full information about that job by the employer.

Section 5. EMPLOYED AS HOUSEHOLD WORKERS

Article 161. Workers are domestic servants

1. A domestic worker is a worker who regularly performs household chores for one or more households.

Household work includes housework, housekeeping, child care, sick care, elder care, driving, gardening and other work for the household but not related to commercial activities.

2. The government regulates domestic workers.

Article 162. Labor contract for domestic workers

1. The employer must enter into a written labor contract with the domestic worker.

2. The term of the labor contract for domestic workers is agreed upon by both parties. One party has the right to unilaterally terminate the labor contract at any time but must give at least 15 days' notice.

3. Both parties agree in the labor contract on the form of salary payment, payment period, daily working hours, and accommodation.

Article 163. Obligations of employers when employing domestic workers

1. Fully implement the agreements entered into in the labor contract.

2. Pay the domestic worker social insurance and health insurance according to the provisions of law so that the employee can actively participate in social insurance and health insurance.

3. Respect the honor and dignity of domestic workers.

4. Arrange hygienic accommodation and meals for the domestic worker if agreed upon.

5. Create opportunities for domestic workers to participate in cultural and vocational education.

6. Pay for transportation when the domestic worker quits her job and returns to her place of residence, except in cases where the domestic worker terminates the labor contract ahead of time.

Article 164. Obligations of workers as domestic servants

1. Fully implement the agreements entered into in the labor contract.

2. Must compensate as agreed or prescribed by law if the employer's property is damaged or lost.

3. Timely notify the employer about the possibility and risk of causing accidents, threatening the safety, health, life, property of the employer's family and themselves.

4. Report to the competent authority if the employer commits acts of abuse, sexual harassment, forced labor or other acts that violate the law.

Article 165. Prohibited acts for employers

1. Mistreatment, sexual harassment, forced labor, and use of force against domestic workers.

2. Assigning work to domestic workers not under a labor contract.

3. Keep the employee's identification documents.

Section 6. SOME OTHER LABOR

Article 166. Employees working in the fields of arts, physical education, sports, maritime and aviation

Employees working in the fields of art, physical education, sports, maritime and aviation are eligible to apply a number of appropriate regimes on training, fostering, improving qualifications and vocational skills; labor contract; salaries, bonuses; working time, rest time; occupational safety and hygiene according to Government regulations.

Article 167. Employees accept work to do at home

Employees can agree with the employer to accept work from home.

Article 168. Participation in social insurance, health insurance, unemployment insurance

1. Employers and employees must participate in compulsory social insurance, health insurance, and unemployment insurance; Employees are entitled to benefits according to the provisions of law on social insurance, health insurance and unemployment insurance.

Encourage employers and employees to participate in other forms of insurance for employees.

2. While the employee is on leave to enjoy social insurance benefits, the employer does not have to pay the employee's salary, unless the two parties have otherwise agreed.

3. For employees who are not subject to compulsory social insurance, health insurance, or unemployment insurance, the employer is responsible for paying an additional amount of money to the employee at the same time as the salary period equivalent to the amount the employer pays for compulsory social insurance, health insurance, and unemployment insurance for the employee according to the provisions of law on social insurance, health insurance, and unemployment insurance.

Article 169. Retirement age

1. Employees who meet the conditions of social insurance payment period according to the provisions of law on social insurance are entitled to pension when they reach full retirement age.

2. The retirement age of employees under normal working conditions is adjusted according to the roadmap until reaching 62 years old for male employees in 2028 and reaching 60 years old for female employees in 2035.

From 2021, the retirement age for employees under normal working conditions is 60 years and 03 months for male employees and 55 years and 04 months for female employees; After that, each year increases by 03 months for male employees and 04 months for female employees.

3. Employees with reduced working ability; doing extremely heavy, toxic or dangerous occupations and jobs; doing heavy, toxic and dangerous occupations and jobs; Working in areas with extremely difficult socio-economic conditions can retire at a lower age but not more than 5 years old compared to the provisions in Clause 2 of this Article at the time of retirement, unless otherwise prescribed by law.

4. Employees with high professional and technical qualifications and in some special cases may retire at a higher age but not more than 5 years old compared to the provisions in Clause 2 of this Article at the time of retirement, unless otherwise prescribed by law.

5. The Government regulates this Article in detail.

Article 170. Right to establish, join and participate in activities of employee representative organizations at the grassroots level

1. Employees have the right to establish, join and operate trade unions according to the provisions of the Trade Union Law.

2. Employees in the enterprise have the right to establish, join and participate in the activities of employee organizations at the enterprise according to the provisions of Articles 172, 173 and 174 of this Code.

3. The employee representative organizations specified in Clauses 1 and 2 of this Article are equal in rights and obligations in representing and protecting the legal and legitimate rights and interests of employees in labor relations.

Article 171. Grassroots trade unions belong to the Vietnam Trade Union organizational system

1. Grassroots trade unions belong to the Vietnam Trade Union organizational system established in agencies, organizations, units, and enterprises.

2. The establishment, dissolution, organization and operation of grassroots Trade Unions are carried out in accordance with the provisions of the Law on Trade Unions.

Article 172. Establishing and joining employee organizations at the enterprise

1. The employee organization at the enterprise is legally established and operates after the competent state agency grants registration.

Organizations of workers at enterprises must organize and operate to ensure the principles of compliance with the Constitution, laws and regulations; voluntary, self-governing, democratic, transparent.

2. The registration of a labor organization at an enterprise is revoked when it violates the principles and purposes of the organization specified in Point b, Clause 1, Article 174 of this Code or the labor organization at the enterprise ceases to exist in case of division, separation, consolidation, merger, dissolution or the enterprise dissolves or goes bankrupt.

3. In case a labor organization at an enterprise joins the Vietnam Trade Union, it shall comply with the provisions of the Trade Union Law.

4. The Government regulates registration documents, order and procedures; authority and procedures for granting and revoking registration; State management of financial issues and assets of employee organizations at enterprises; division, separation, consolidation, merger, dissolution, association rights of employee organizations at the enterprise.

Article 173. Board of directors and members of workers' organizations at the enterprise

1. At the time of registration, the employee organization at the enterprise must have a minimum number of members who are employees working at the enterprise according to Government regulations.

2. The Board of Directors is elected by members of the employee organization at the enterprise. Members of the management board are Vietnamese workers working at the enterprise; is not currently under criminal prosecution, serving a sentence, or has not had a criminal record erased due to crimes that violate national security, crimes that violate human freedom, citizens' freedom and democracy, or crimes that violate property according to the provisions of the Penal Code.

Article 174. Charter of employee organizations at the enterprise

1. The charter of the employee organization at the enterprise must have the following main contents:

a) Name and address of the organization; icon (if any);

b) The principle, purpose and scope of activities is to protect the legal and legitimate rights and interests of members of the organization in labor relations at the enterprise; together with employers to resolve issues related to the rights, obligations and interests of employees and employers; build progressive, harmonious and stable labor relations;

c) Conditions and procedures for joining and leaving the organization of workers at the enterprise.

In a labor organization at an enterprise, there must not be members who are regular employees and members who are employees who directly participate in the decision-making process related to working conditions, labor recruitment, labor discipline, termination of labor contracts or transfer of workers to other jobs;

d) Organizational structure, term of office, representative of the organization;

d) Principles of organization and operation;

e) Procedures for adopting decisions of the organization.

Contents that must be decided by members by majority include approving, amending, and supplementing the organization's charter; election and dismissal of the head and members of the organization's leadership board; division, separation, consolidation, merger, renaming, dissolution, organizational association; Join Vietnam Trade Union;

g) Membership fees, assets and finances, and the management and use of assets and finances of the organization.

The financial receipts and expenditures of employee organizations at the enterprise must be monitored, archived and annually disclosed to members of the organization;

h) Recommendations and resolution of recommendations from members within the organization.

2. The Government shall detail this Article.

Article 175. Prohibited acts for employers related to the establishment, joining and operation of employee representative organizations at the grassroots level

1. Discrimination against employees and members of the leadership board of the employee representative organization at the grassroots because of the establishment, joining or operation of the employee representative organization, including:

a) Request to join, not join or leave the employee representative organization at the facility to be recruited, enter into or extend the labor contract;

b) Dismissal, discipline, unilateral termination of labor contracts, discontinuation or extension of labor contracts, transfer of employees to other jobs;

c) Discrimination regarding salary, working hours, other rights and obligations in labor relations;

d) Obstructing or causing work-related difficulties to weaken the activities of the employee representative organization at the grassroots level.

2. Intervene and manipulate the process of establishing, electing, developing work plans and organizing the implementation of activities of grassroots employee representative organizations, including financial support or other economic measures to neutralize or weaken the performance of representative functions of grassroots employee representative organizations or discriminate between grassroots employee representative organizations.

Article 176. Rights of members of the leadership board of the employee representative organization at the grassroots level

1. Members of the leadership board of the employee representative organization at the grassroots level have the following rights:

a) Approach workers at the workplace while performing the tasks of the employee representative organization at the grassroots level. The exercise of this right must ensure that it does not affect the employer's normal operations;

b) Approach employers to carry out representative tasks of the employee representative organization at the grassroots;

c) To use working time as prescribed in Clauses 2 and 3 of this Article to perform the work of the employee representative organization at the facility while still being paid by the employer;

d) Enjoy other guarantees in labor relations and in performing representative functions according to the provisions of law.

2. The Government regulates the minimum time that the employer spends on all members of the leadership board of the grassroots employee representative organization to perform the tasks of the representative organization based on the number of members of the organization.

3. The representative organization of employees at the grassroots level and the employer shall agree on the additional time compared to the minimum time specified in Clause 2 of this Article and the method of using the working time of members of the leadership board of the representative organization of employees at the grassroots level in accordance with actual conditions.

Article 177. Obligations of the employer towards the representative organization of workers at the grassroots level

1. Do not obstruct or cause difficulties when workers conduct legal activities to establish, join and participate in activities of employee representative organizations at the grassroots level.

2. Recognize and respect the rights of legally established grassroots employee representative organizations.

3. Must agree in writing with the leadership of the grassroots employee representative organization when unilaterally terminating the labor contract, transferring to another job, or disciplinary dismissal of employees who are members of the leadership board of the grassroots employee representative organization. In case an agreement cannot be reached, both parties must report to the specialized labor agency under the Provincial People's Committee. After 30 days from the date of notification to the specialized labor agency under the Provincial People's Committee, the employer has the right to decide. In case of disagreement with the employer's decision, the employee and the leadership of the employee representative organization at the facility have the right to request resolution of the labor dispute according to the order and procedures prescribed by law.

4. The signed labor contract must be extended until the end of the term for employees who are members of the leadership board of the employee representative organization at the facility whose term of office expires.

5. Other obligations as prescribed by law.

Article 178. Rights and obligations of grassroots employee representative organizations in labor relations

1. Collective bargaining with the employer according to the provisions of this Code.

2. Dialogue at the workplace according to the provisions of this Code.

3. To consult, develop and supervise the implementation of salary scales, payroll, labor levels, salary regulations, bonus regulations, labor regulations and issues related to the rights and interests of employees who are its members.

4. Represent employees in the process of resolving individual complaints and labor disputes when authorized by the employee.

5. Organize and lead strikes according to the provisions of this Code.

6. Receive technical support from agencies and organizations legally registered to operate in Vietnam to learn about labor laws; on the order and procedures for establishing employee representative organizations and conducting representative activities in labor relations after being granted registration.

7. Have a workplace arranged by the employer and be provided with information and ensure the necessary conditions for the operation of the employee representative organization at the facility.

8. Other rights and obligations as prescribed by law.

Section 1. GENERAL PROVISIONS ON RESOLUTION OF LABOR DISPUTES

Article 179. Labor disputes

1. Labor dispute is a dispute about rights, obligations, and interests that arises between parties during the process of establishing, implementing or terminating labor relations; Disputes between employee representative organizations; Disputes arising from relationships directly related to labor relations. Types of labor disputes include:

a) Individual labor disputes between employees and employers; between workers and businesses and organizations sending workers to work abroad under contracts; between the subleased employee and the subhired employer;

b) Collective labor disputes over rights or interests between one or more employee representative organizations and the employer or one or more employer organizations.

2. Collective labor dispute over rights is a dispute between one or more representative organizations of employees and the employer or one or more organizations of employers arising in the following cases:

a) There are differences in understanding and implementing provisions of collective labor agreements, internal labor regulations, regulations and other legal agreements;

b) There are differences in understanding and implementing labor law provisions;

c) When the employer has discriminatory acts against employees or members of the leadership board of the employee representative organization for reasons of establishing, joining, or operating in the employee representative organization; interfere with and manipulate employee representative organizations; breach of the duty to bargain in good faith.

3. Collective labor disputes about interests include:

a) Labor disputes arising during the collective bargaining process;

b) When one party refuses to negotiate or does not negotiate within the time limit prescribed by law.

Article 180. Principles for resolving labor disputes

1. Respect the parties' right to self-determination through negotiation throughout the process of resolving labor disputes.

2. Appreciate the resolution of labor disputes through conciliation and arbitration on the basis of respecting the rights and interests of both disputing parties, respecting the common interests of society, and not violating the law.

3. Open, transparent, objective, timely, fast and legal.

4. Ensure the participation of representatives of the parties in the process of resolving labor disputes.

5. Labor dispute resolution is carried out by agencies, organizations, and individuals with authority to resolve labor disputes after the request of the disputing party or at the request of the competent agency, organization, or individual and with the consent of the disputing parties.

Article 181. Responsibilities of agencies and organizations in resolving labor disputes

1. State labor management agencies are responsible for coordinating with employee representative organizations and employer representative organizations to guide, support and assist the parties in resolving labor disputes.

2. The Ministry of Labor, War Invalids and Social Affairs organizes training to improve the professional capacity of labor conciliators and labor arbitrators in resolving labor disputes.

3. When requested, the specialized labor agency under the People's Committee is the focal point to receive requests to resolve labor disputes and is responsible for classifying, guiding, supporting and assisting the parties in resolving labor disputes.

Within 05 working days, the agency receiving the request to resolve the labor dispute is responsible for forwarding the request to the labor conciliator in cases where labor conciliation procedures are required, to the Arbitration Council in case the Arbitration Council is required to resolve, or instructing it to be sent to the Court for resolution.

Article 182. Rights and obligations of both parties in resolving labor disputes

1. In resolving labor disputes, the parties have the following rights:

a) Directly or through a representative to participate in the resolution process;

b) Withdraw the request or change the request content;

c) Request to change the person resolving the labor dispute if there is reason to believe that that person may not be impartial or objective.

2. In resolving labor disputes, the parties have the following obligations:

a) Provide complete and timely documents and evidence to prove your request;

b) Comply with the agreements reached, decisions of the Labor Arbitration Board, judgments and decisions of the Court that have come into legal effect.

Article 183. Rights of agencies, organizations and individuals with authority to resolve labor disputes

Agencies, organizations and individuals with authority to resolve labor disputes, within the scope of their duties and powers, have the right to request disputing parties, relevant agencies, organizations and individuals to provide documents and evidence, request expertise, and invite witnesses and related persons.

Article 184. Labor conciliator

1. A labor conciliator is a person appointed by the Chairman of the Provincial People's Committee to conciliate labor disputes and disputes over vocational training contracts; Support the development of labor relations.

2. The Government regulates standards, order, appointment procedures, regimes, operating conditions and management of labor conciliators; authority, order and procedures for appointing labor conciliators.

Article 185. Labor arbitration council

1. The Chairman of the Provincial People's Committee decides to establish the Labor Arbitration Council, appoints the Chairman, secretary and labor arbitrators of the Labor Arbitration Council. The term of the Labor Arbitration Council is 5 years.

2. The number of labor arbitrators of the Labor Arbitration Council is decided by the Chairman of the Provincial People's Committee, at least 15 people, including an equal number nominated by the parties, specifically as follows:

a) At least 05 members nominated by the specialized labor agency under the Provincial People's Committee, including the Chairman of the Council as a leadership representative and the Secretary of the Council as a civil servant of the specialized labor agency under the Provincial People's Committee;

b) At least 05 members nominated by the provincial trade union;

c) At least 05 members unanimously nominated by representative organizations of employers in the province.

3. Standards and working regime of labor arbitrators are regulated as follows:

a) The labor arbitrator is a person who understands the law, has experience in the field of labor relations, is reputable and impartial;

b) When nominating a labor arbitrator according to the provisions of Clause 2 of this Article, the specialized labor agency under the Provincial People's Committee, the provincial trade union, and the employer's representative organization may nominate a person from their agency or organization or nominate another person who fully meets the standards for a labor arbitrator as prescribed;

c) Secretary of the Labor Arbitration Council performs the standing duties of the Labor Arbitration Council. Labor arbitrators work on a full-time or part-time basis.

4. When there is a request to resolve a labor dispute according to the provisions of Articles 189, 193 and 197 of this Code, the Labor Arbitration Council decides to establish a Labor Arbitration Board to resolve the dispute as follows:

a) Representative of each disputing party selects 01 arbitrator from the list of labor arbitrators;

b) The labor arbitrator selected by the parties according to the provisions of Point a of this Clause agrees to select another labor arbitrator to be the Head of the Labor Arbitration Board;

c) In case the disputing parties jointly select an arbitrator to resolve the labor dispute, the Labor Arbitration Board will only include 01 selected labor arbitrator.

5. The labor arbitration board works according to the collective principle and decides by majority, except for the cases specified in Point c, Clause 4 of this Article.

6. The Government regulates in detail the standards, conditions, order and procedures for appointment, dismissal, regime and operating conditions of labor arbitrators and the Labor Arbitration Council; organization and operation of the Labor Arbitration Council; The establishment and operation of the Labor Arbitration Board is prescribed in this Article.

Article 186. Unilateral action is prohibited while a labor dispute is being resolved

When a labor dispute is being resolved by a competent agency, organization or individual within the time limit prescribed by this Code, neither party may take unilateral action against the other party.

Section 2. AUTHORITY AND PROCEDURES FOR RESOLVING INDIVIDUAL LABOR DISPUTES

Article 187. Authority to resolve individual labor disputes

Agencies, organizations and individuals with authority to resolve individual labor disputes include:

1. Labor mediator;

2. Labor Arbitration Council;

3. People's Court.

Article 188. Order and procedures for conciliation of individual labor disputes by labor conciliators

1. Individual labor disputes must be resolved through conciliation procedures by a labor conciliator before requesting resolution by the Labor Arbitration Council or Court, except for the following labor disputes that are not required to go through conciliation procedures:

a) Regarding labor discipline in the form of dismissal or in cases of unilateral termination of the labor contract;

b) Regarding compensation and benefits when terminating the labor contract;

c) Between domestic workers and employers;

d) About social insurance according to the provisions of the law on social insurance, about health insurance according to the provisions of the law on health insurance, about unemployment insurance according to the provisions of the law on employment, about insurance for labor accidents and occupational diseases according to the provisions of the law on occupational safety and hygiene;

d) Regarding compensation between workers and businesses and organizations sending workers to work abroad under contracts;

e) Between the subhired employee and the subhired employer.

2. Within 05 working days from the date the labor conciliator receives a request from the party requesting dispute resolution or from the agency specified in Clause 3, Article 181 of this Code, the labor conciliator must finish the conciliation.

3. At the conciliation session, both disputing parties must be present. The disputing parties may authorize another person to participate in the conciliation session.

4. Labor conciliators are responsible for guiding and supporting the parties in negotiating to resolve disputes.

In case the parties reach an agreement, the labor conciliator prepares a record of successful conciliation. The minutes of successful conciliation must be signed by the disputing parties and the labor conciliator.

In case the parties cannot agree, the labor conciliator will propose a settlement plan for the parties to consider. In case the parties accept the conciliation plan, the labor conciliator shall prepare a record of successful conciliation. The minutes of successful conciliation must be signed by the disputing parties and the labor conciliator.

In case the conciliation plan is not accepted or if the disputing party has been duly summoned for the second time but is still absent without a valid reason, the labor conciliator will prepare a record of unsuccessful conciliation. The record of unsuccessful conciliation must be signed by the disputing party present and the labor conciliator.

5. A copy of the record of successful or unsuccessful conciliation must be sent to the disputing parties within 01 working day from the date of making the record.

6. In case one of the parties does not implement the agreements in the successful conciliation record, the other party has the right to request the Labor Arbitration Council or the Court to resolve the matter.

7. In cases where it is not required to go through the conciliation procedures specified in Clause 1 of this Article or in cases where the conciliation time limit specified in Clause 2 of this Article expires and the labor conciliator does not conduct conciliation or in cases where conciliation fails as prescribed in Clause 4 of this Article, the disputing parties have the right to choose one of the following methods to resolve the dispute:

a) Request the Labor Arbitration Council to resolve it according to the provisions of Article 189 of this Code;

b) Request the Court to resolve.

Article 189. Resolution of individual labor disputes by the Labor Arbitration Council

1. On the basis of consensus, the disputing parties have the right to request the Labor Arbitration Council to resolve the dispute in the cases specified in Clause 7, Article 188 of this Code. When requesting the Labor Arbitration Council to resolve a dispute, the parties may not simultaneously request the Court to resolve it, except for the case specified in Clause 4 of this Article.

2. Within 07 working days from the date of receipt of the request for dispute resolution as prescribed in Clause 1 of this Article, a Labor Arbitration Board must be established to resolve the dispute.

3. Within 30 days from the date the Labor Arbitration Board is established, the Labor Arbitration Board must issue a decision on dispute resolution and send it to the disputing parties.

4. If at the end of the time limit specified in Clause 2 of this Article the Labor Arbitration Board is not established or at the end of the time limit specified in Clause 3 of this Article the Labor Arbitration Board does not issue a decision to resolve the dispute, the parties have the right to request the Court to resolve the dispute.

5. In case one of the parties does not implement the dispute resolution decision of the Labor Arbitration Board, the parties have the right to request the Court to resolve the dispute.

Article 190. Statute of limitations for requesting resolution of individual labor disputes

1. The statute of limitations for requiring a labor conciliator to conciliate an individual labor dispute is 06 months from the date of discovery of the act in which the disputing party believes its legitimate rights and interests are violated.

2. The statute of limitations for requesting the Labor Arbitration Council to resolve an individual labor dispute is 09 months from the date of discovery of the act in which the disputing party believes its legitimate rights and interests are violated.

3. The statute of limitations for requesting the Court to resolve an individual labor dispute is 01 year from the date of discovery of the act in which the disputing party believes its legitimate rights and interests are violated.

4. In case the requester can prove that due to force majeure events, objective obstacles or other reasons as prescribed by law, the request cannot be made within the time limit specified in this Article, the time during which such force majeure event, objective obstacle or reason exists will not be counted in the statute of limitations for requesting resolution of individual labor disputes.

Section 3. AUTHORITY AND PROCEDURES FOR RESOLVING COLLECTIVE LABOR DISPUTES OVER RIGHTS

Article 191. Competence to resolve collective labor disputes about rights

1. Agencies, organizations and individuals with authority to resolve collective labor disputes over rights include:

a) Labor conciliator;

b) Labor Arbitration Council;

c) People's Court.

2. Collective labor disputes about rights must be resolved through conciliation procedures by a labor conciliator before requesting resolution by the Labor Arbitration Council or the Court.

Article 192. Order and procedures for resolving collective labor disputes over rights

1. The order and procedures for conciliation of collective labor disputes about rights are implemented according to the provisions of Clauses 2, 3, 4, 5 and 6, Article 188 of this Code.

For disputes specified in Points b and c, Clause 2, Article 179 of this Code, if violations of the law are determined, the labor conciliator shall make a record and transfer the files and documents to the competent authority for consideration and handling according to the provisions of law.

2. In case the conciliation fails or the conciliation time limit specified in Clause 2, Article 188 of this Code expires and the labor conciliator does not conduct conciliation, the disputing parties have the right to choose one of the following methods to resolve the dispute:

a) Request the Labor Arbitration Council to resolve it according to the provisions of Article 193 of this Code;

b) Request the Court to resolve.

Article 193. Resolving collective labor disputes regarding the rights of the Labor Arbitration Council

1. On the basis of consensus, the disputing parties have the right to request the Labor Arbitration Council to resolve the dispute in case of unsuccessful conciliation or the expiration of the conciliation time limit specified in Clause 2, Article 188 of this Code but the labor conciliator does not conduct conciliation or one of the parties does not implement the agreement in the successful conciliation record.

2. Within 07 working days from the date of receipt of the request for dispute resolution as prescribed in Clause 1 of this Article, a Labor Arbitration Board must be established to resolve the dispute.

3. Within 30 days from the date of establishment, based on the provisions of labor law, collective labor agreement, registered labor regulations and other legal regulations and agreements, the Arbitration Board must make a decision on dispute resolution and send it to the disputing parties.

For disputes specified in Point b and Point c, Clause 2, Article 179 of this Code, if a violation of the law is determined, the Labor Arbitration Board will not issue a decision to resolve it but will make a record and transfer the files and documents to the competent authority for consideration and handling according to the provisions of law.

4. In case the parties choose to resolve the dispute through the Labor Arbitration Council according to the provisions of this Article, while the Labor Arbitration Council is resolving the dispute, the parties may not simultaneously request the Court to resolve the dispute.

5. When the time limit specified in Clause 2 of this Article expires and the Labor Arbitration Board is not established or at the end of the time limit specified in Clause 3 of this Article but the Labor Arbitration Board does not issue a decision to resolve the dispute, the parties have the right to request the Court to resolve the dispute.

6. In case one of the parties does not implement the dispute resolution decision of the Labor Arbitration Board, the parties have the right to request the Court to resolve the dispute.

Article 194. Statute of limitations for requesting resolution of collective labor disputes over rights

1. The statute of limitations for requesting a labor conciliator to conciliate a collective labor dispute about rights is 6 months from the date of discovery of the act in which the disputing party believes its legal rights have been violated.

2. The statute of limitations for requesting the Labor Arbitration Council to resolve a collective labor dispute about rights is 09 months from the date of discovery of the act in which the disputing party believes its legal rights have been violated.

3. The statute of limitations for requesting the Court to resolve a collective labor dispute about rights is 01 year from the date of discovery of the act in which the disputing party believes its legal rights have been violated.

Section 4. AUTHORITY AND PROCEDURES FOR RESOLVING COLLECTIVE LABOR DISPUTES ABOUT INTERESTS

Article 195. Authority to resolve collective labor disputes over interests

1. Organizations and individuals with authority to resolve collective labor disputes over interests include:

a) Labor conciliator;

b) Labor Arbitration Council.

2. Collective labor disputes about interests must be resolved through conciliation procedures by a labor conciliator before requesting resolution by the Labor Arbitration Council or conducting strike procedures.

Article 196. Order and procedures for resolving collective labor disputes over interests

1. The order and procedures for conciliation of collective labor disputes about interests are implemented according to the provisions of Clauses 2, 3, 4 and 5, Article 188 of this Code.

2. In case of successful conciliation, the minutes of successful conciliation must include the full content of the parties' agreement and be signed by the disputing parties and the labor conciliator. The minutes of successful conciliation have the same legal value as the enterprise's collective labor agreement.

3. In case of unsuccessful conciliation or at the end of the conciliation time limit specified in Clause 2, Article 188 of this Code, the labor conciliator does not conduct conciliation or one of the parties does not implement the agreement in the successful conciliation record, the disputing parties have the right to choose one of the following methods to resolve the dispute:

a) Request the Labor Arbitration Council to resolve it according to the provisions of Article 197 of this Code;

b) The representative organization of workers has the right to carry out the procedures specified in Articles 200, 201 and 202 of this Code to strike.

Article 197. Resolving collective labor disputes about benefits by the Labor Arbitration Council

1. On the basis of consensus, the disputing parties have the right to request the Labor Arbitration Council to resolve the dispute in case of unsuccessful conciliation or the expiration of the conciliation time limit specified in Clause 2, Article 188 of this Code but the labor conciliator does not conduct conciliation or one of the parties does not implement the agreement in the successful conciliation record.

2. Within 07 working days from the date of receipt of the request for dispute resolution as prescribed in Clause 1 of this Article, a Labor Arbitration Board must be established to resolve the dispute.

3. Within 30 days from the date of establishment, based on the provisions of labor law, collective labor agreement, registered labor regulations and other legal regulations and agreements, the Labor Arbitration Board must make a decision on dispute resolution and send it to the disputing parties.

4. When the parties choose to resolve a dispute through the Labor Arbitration Council according to the provisions of this Article, the employee representative organization may not conduct a strike while the Labor Arbitration Council is resolving the dispute.

At the end of the time limit specified in Clause 2 of this Article, if the Labor Arbitration Board is not established or at the end of the time limit specified in Clause 3 of this Article, the Arbitration Board does not issue a decision to resolve the dispute or the employer who is the disputing party does not implement the dispute resolution decision of the Labor Arbitration Board, the employee representative organization being the disputing party has the right to conduct the procedures specified in Articles 200, 201 and 202 of this Code to strike.

Section 5. STRIKE

Article 198. Strike

A strike is a temporary, voluntary and organized stoppage of work by workers to achieve their demands in the process of resolving labor disputes and is organized and led by a representative organization of workers with the right to collective bargaining that is a party to a collective labor dispute.

Article 199. Cases where workers have the right to strike

A representative organization of workers that is a party to a collective labor dispute over interests has the right to carry out the procedures specified in Articles 200, 201 and 202 of this Code to strike in the following cases:

1. The conciliation fails or the conciliation time limit specified in Clause 2, Article 188 of this Code expires and the labor conciliator does not conduct conciliation;

2. The Labor Arbitration Board is not established or is established but does not issue a decision to resolve the dispute or the employer who is the disputing party does not implement the dispute resolution decision of the Labor Arbitration Board.

Article 200. Strike order

1. Collect opinions on strikes according to the provisions of Article 201 of this Code.

2. Issue a strike decision and strike notice according to the provisions of Article 202 of this Code.

3. Conduct a strike.

Article 201. Obtaining opinions on strikes

1. Before conducting a strike, the representative organization of workers with the right to organize and lead a strike specified in Article 198 of this Code is responsible for collecting opinions from all workers or members of the leadership board of representative organizations of workers participating in negotiations.

2. Contents of consultation include:

a) Agree or disagree to strike;

b) The plan of the employee representative organization on the contents specified in Points b, c and d, Clause 2, Article 202 of this Code.

3. Opinion collection is carried out directly in the form of ballots, signatures or other forms.

4. The time, place and method of collecting opinions on a strike shall be decided by the employee representative organization and must be notified to the employer at least 1 day in advance. The consultation must not affect the employer's normal production and business activities. Employers are not allowed to cause difficulties, hinder or interfere with the process of organizing employee representatives to collect opinions on strikes.

Article 202. Decision to strike and announcement of strike start time

1. When more than 50% of the people whose opinions were consulted agree with the content of the opinion consultation on a strike as prescribed in Clause 2, Article 201 of this Code, the employee representative organization shall issue a written decision to strike.

2. The decision to strike must contain the following contents:

a) Results of collecting opinions on strikes;

b) Strike start time and strike location;

c) Scope of strike;

d) Employee requirements;

d) Full name and contact address of the representative of the employee representative organization organizing and leading the strike.

3. At least 05 working days before the start of the strike, the representative organization of workers organizing and leading the strike must send a document on the decision to strike to the employer, the district People's Committee and the specialized labor agency under the Provincial People's Committee.

4. By the time the strike begins, if the employer still does not accept the settlement of the workers' demands, the workers' representative organization will organize and lead the strike.

Article 203. Rights of the parties before and during the strike

1. Continue to agree to resolve the content of the collective labor dispute or jointly request the labor conciliator or the Labor Arbitration Council to conciliate and resolve the labor dispute.

2. Representative organizations of workers with the right to organize and lead strikes according to the provisions of Article 198 of this Code have the following rights:

a) Withdraw the decision to strike if there has not been a strike or end the strike if one is on strike;

b) Request the Court to declare the strike legal.

3. Employers have the following rights:

a) Accept all or part of the request and notify in writing the representative organization of workers organizing and leading the strike;

b) Temporarily closing the workplace during a strike due to insufficient conditions to maintain normal operations or to protect property;

c) Request the Court to declare the strike illegal.

Article 204. Case of illegal strike

1. Not subject to strikes specified in Article 199 of this Code.

2. No representative organization of workers has the right to organize and lead strikes.

3. Violating regulations on order and procedures for conducting strikes according to the provisions of this Code.

4. When collective labor disputes are being resolved by competent agencies, organizations or individuals according to the provisions of this Code.

5. Conduct a strike in cases where a strike is not allowed as prescribed in Article 209 of this Code.

6. When there has been a decision to postpone or stop the strike by the competent authority according to the provisions of Article 210 of this Code.

Article 205. Notice of decision to temporarily close the workplace

At least 03 working days before the date of temporary closure of the workplace, the employer must publicly post the decision on temporary closure of the workplace at the workplace and notify the following agencies and organizations:

1. Representative organizations of workers are organizing and leading strikes;

2. Provincial People's Committee whose workplace is expected to close;

3. District-level People's Committee whose workplace is expected to close.

Article 206. Cases prohibiting temporary closure of the workplace

1. 12 hours before the strike start time stated in the strike decision.

2. After the workers stop striking.

Article 207. Wages and other legal rights of workers during the strike

1. Employees who do not participate in a strike but have to stop working due to a strike will be paid a stop-work salary in accordance with the provisions of Clause 2, Article 99 of this Code and other benefits according to the provisions of labor law.

2. Employees participating in a strike are not paid wages and other benefits as prescribed by law, unless otherwise agreed by the parties.

Article 208. Prohibited acts before, during and after a strike

1. Obstructing the exercise of the right to strike or inciting, enticing or forcing workers to strike; prevent workers who do not participate in the strike from going to work.

2. Using violence; destroying machinery, equipment, and property of the employer.

3. Violating public order and safety.

4. Terminate labor contracts or handle labor disciplinary measures against workers or strike leaders or transfer workers or strike leaders to other jobs or work elsewhere for reasons of preparing to strike or participating in a strike.

5. Retaliation and retaliation against workers participating in strikes and strike leaders.

6. Taking advantage of strikes to commit illegal acts.

Article 209. Employers are not allowed to strike

1. Strikes are not allowed at employers where a strike may threaten national defense, security, public order, or human health.

2. The Government regulates the list of places where employers are not allowed to strike and the settlement of labor disputes at places where employers are not allowed to strike is specified in Clause 1 of this Article.

Article 210. Decision to postpone or stop strikes

1. When it is deemed that a strike has the risk of causing serious damage to the national economy, public interests, threatening national defense, security, public order, and human health, the Chairman of the Provincial People's Committee shall decide to postpone or stop the strike.

2. The Government provides detailed regulations on postponing and stopping strikes and resolving workers' rights.

Article 211. Handling strikes without proper order and procedures

Within 12 hours of receiving notice of a strike that does not comply with the provisions of Articles 200, 201 and 202 of this Code, the Chairman of the district People's Committee shall preside and direct the specialized labor agency to coordinate with the trade union at the same level, relevant agencies and organizations to directly meet with the employer and representatives of the leadership of the employee representative organization at the grassroots to listen to opinions and support the parties to find solutions. solutions to bring production and business activities back to normal.

In case of detecting a violation of the law, make a record, proceed with handling or propose to the competent authority to handle the individual or organization that has committed the violation according to the provisions of law.

For labor disputes, depending on the type of dispute, guide and support the parties in carrying out procedures to resolve labor disputes according to the provisions of this Code.

Article 212. Content of state management of labor

1. Promulgate and organize the implementation of legal documents on labor.

2. Monitor, make statistics, and provide information on supply and demand and fluctuations in labor supply and demand; decide on salary policy for employees; decide on policies, planning, and plans on human resources, distribution and use of labor throughout society, vocational education, and vocational skills development; Build a national vocational skills framework and Vietnam national qualifications framework for vocational education qualifications. Regulate the list of occupations that can only employ workers who have undergone vocational education training or have a national vocational skills certificate.

3. Organize and conduct scientific research on labor; statistics and information on labor and the labor market, on living standards, wages and income of workers; Labor management in terms of quantity, quality and labor fluctuations.

4. Build mechanisms and institutions to support the development of progressive, harmonious and stable labor relations; promote the application of the provisions of this Code to workers without labor relations; Carry out the registration and management of activities of employee organizations at the enterprise.

5. Check, inspect, handle violations of the law and resolve labor complaints and denunciations; Resolve labor disputes according to the provisions of law.

6. International cooperation on labor.

Article 213. State management authority over labor

1. The Government unifies state management of labor nationwide.

2. The Ministry of Labor, War Invalids and Social Affairs is responsible before the Government for implementing state management of labor.

3. Ministries and ministerial-level agencies, within the scope of their tasks and powers, are responsible for implementing and coordinating with the Ministry of Labor, War Invalids and Social Affairs in state management of labor.

4. People's Committees at all levels carry out state management of labor within their localities.

Article 214. Contents of labor inspection

1. Inspect compliance with labor laws.

2. Investigate occupational accidents and violations of occupational safety and hygiene.

3. Participate in guiding the application of standards and technical regulations on working conditions, safety and hygiene.

4. Resolve labor complaints and denunciations according to the provisions of law.

5. Handle according to authority and propose competent authorities to handle violations of labor law.

Article 215. Specialized labor inspection

1. The authority for specialized labor inspection is carried out in accordance with the provisions of the Law on Inspection.

2. The inspection of occupational safety and hygiene is carried out in accordance with the provisions of the Law on Occupational Safety and Hygiene.

Article 216. Rights of labor inspectors

Labor inspectors have the right to inspect and investigate places within the assigned objects and scope of inspection according to the inspection decision.

When conducting an unscheduled inspection by decision of a competent person in an emergency that threatens the safety, life, health, honor and dignity of workers at the workplace, prior notice is not required.

Article 217. Handling of violations

1. Anyone who violates the provisions of this Code shall, depending on the nature and severity of the violation, be disciplined, administratively sanctioned or prosecuted for criminal liability. If causing damage, compensation must be made according to the provisions of law.

2. Once the Court has decided that a strike is illegal, the employees participating in the strike must immediately stop the strike and return to work; If the employee does not stop striking and does not return to work, depending on the severity of the violation, he or she may be subject to labor discipline according to the provisions of labor law.

In case the strike is illegal and causes damage to the employer, the representative organization of workers that organizes and leads the strike must compensate for the damage according to the provisions of law.

3. People who take advantage of strikes to cause disorder, public safety, and damage machinery, equipment, and property of the employer; People who obstruct the exercise of the right to strike, incite, entice or force workers to strike; People who commit acts of retaliating or taking revenge on strike participants or strike leaders will, depending on the severity of the violation, be administratively sanctioned or prosecuted for criminal liability. If causing damage, they must compensate in accordance with the provisions of law.

Article 218. Exemption or reduction of procedures for cases employing less than 10 employees

Employers employing less than 10 employees shall comply with the provisions of this Code but are exempted or reduced from a number of procedures according to the Government's regulations.

Article 219. Amending and supplementing a number of articles of labor-related laws

1. Amending and supplementing a number of articles of the Law on Social Insurance No. 58/2014/QH13 which has been amended and supplemented according to Law No. 84/2015/QH13 and Law No. 35/2018/QH14:

a) Amend and supplement Article 54 as follows:

“Article 54. Conditions for pension enjoyment

1. Employees specified in Points a, b, c, d, g, h and i, Clause 1, Article 2 of this Law, except for the cases specified in Clause 3 of this Article, when retiring from work and having paid social insurance for 20 years or more, are entitled to pension if they fall into one of the following cases:

a) Be of age as prescribed in Clause 2, Article 169 of the Labor Code;

b) Be of age as prescribed in Clause 3, Article 169 of the Labor Code and have had 15 years of working in a profession or job that is heavy, toxic, dangerous or especially heavy, toxic or dangerous on the list issued by the Ministry of Labor, War Invalids and Social Affairs or have had 15 years of working in an area with extremely difficult socio-economic conditions, including working time in a place with a regional allowance coefficient of 0.7 or more before January 1. January 2021;

c) Employees whose age is a maximum of 10 years younger than the employee's retirement age specified in Clause 2, Article 169 of the Labor Code and have had 15 years of working in coal mining in underground mines;

d) People infected with HIV due to occupational accidents while performing assigned tasks.

2. Employees specified in Points dd and e, Clause 1, Article 2 of this Law who quit their job and have paid social insurance for 20 years or more are entitled to pension when they fall into one of the following cases:

a) Have a maximum age of 05 years younger than the retirement age specified in Clause 2, Article 169 of the Labor Code, unless otherwise prescribed by the Law on Vietnam People's Army Officers, the Law on People's Public Security, the Law on Cipher, the Law on Professional Soldiers, Defense Workers and Employees;

b) Have a maximum age of 05 years younger than the retirement age specified in Clause 3, Article 169 of the Labor Code and have had 15 years of working in a profession or job that is heavy, toxic, dangerous or especially heavy, toxic or dangerous on the list issued by the Ministry of Labor, War Invalids and Social Affairs or have had 15 years of working in an area with extremely difficult socio-economic conditions, including working time in a place with regional allowances. number 0.7 or higher before January 1, 2021;

c) People infected with HIV due to occupational accidents while performing assigned tasks.

3. Female workers who are commune-level officials and civil servants or are part-time workers in communes, wards and towns who participate in social insurance when retiring from work and have paid social insurance for 15 to less than 20 years and have reached the retirement age prescribed in Clause 2, Article 169 of the Labor Code are entitled to pension.

4. Pension age conditions for some special cases according to Government regulations.";

b) Amend and supplement Article 55 as follows:

“Article 55. Conditions for pension benefits when working capacity is reduced

1. Employees specified in Points a, b, c, d, g, h and i, Clause 1, Article 2 of this Law, when retiring from work and having paid social insurance for 20 years or more, are entitled to a pension at a lower rate than those who are eligible for pension specified in Points a, b and c, Clause 1, Article 54 of this Law if they fall into one of the following cases:

a) Have a maximum age of 05 years lower than the retirement age specified in Clause 2, Article 169 of the Labor Code when working capacity is reduced from 61% to less than 81%;

b) Have a maximum age of 10 years lower than the retirement age specified in Clause 2, Article 169 of the Labor Code when working capacity is reduced by 81% or more;

c) Have worked for 15 years or more in an extremely heavy, hazardous or dangerous profession or job on the list issued by the Ministry of Labor, War Invalids and Social Affairs and have a working capacity reduction of 61% or more.

2. Employees specified in Points dd and e, Clause 1, Article 2 of this Law, when retiring from work, have paid social insurance for 20 years or more, and have a working capacity reduction of 61% or more, are entitled to a pension at a lower rate than those who are eligible for pensions specified in Points a and b, Clause 2, Article 54 of this Law when falling into one of the following cases:

a) Have a maximum age of 10 years lower than the retirement age specified in Clause 2, Article 169 of the Labor Code;

b) Have 15 years or more working in an extremely heavy, toxic or dangerous occupation or job on the list issued by the Ministry of Labor, War Invalids and Social Affairs.”;

c) Amend and supplement Clause 1, Article 73 as follows:

“1. Employees receive pension when all of the following conditions are met:

a) Full retirement age as prescribed in Clause 2, Article 169 of the Labor Code;

b) Having paid social insurance for 20 years or more.”.

2. Amend and supplement Article 32 of the Civil Procedure Code No. 92/2015/QH13 as follows:

a) Amending and supplementing article names and clause 1; Add clauses 1a, 1b and 1c after clause 1 as follows:

“Article 32. Labor disputes and labor-related disputes fall under the jurisdiction of the Court to resolve

1. Individual labor disputes between employees and employers must go through the conciliation procedures of a labor conciliator, if the conciliation is successful but the parties do not do it or do not do it correctly, conciliation is not successful or the conciliation time limit as prescribed by the labor law expires but the labor conciliator does not conduct conciliation, except for the following labor disputes that are not required to go through conciliation procedures:

a) Regarding labor discipline in the form of dismissal or in cases of unilateral termination of the labor contract;

b) Regarding compensation and benefits when terminating the labor contract;

c) Between domestic workers and employers;

d) About social insurance according to the provisions of the law on social insurance, about health insurance according to the provisions of the law on health insurance, about unemployment insurance according to the provisions of the law on employment, about insurance for labor accidents and occupational diseases according to the provisions of the law on occupational safety and hygiene;

d) Regarding compensation between workers and businesses and organizations sending workers to work abroad under contracts;

e) Between the subhired employee and the subhired employer.

1a. If the two parties agree to choose a Labor Arbitration Council to resolve an individual labor dispute, but at the end of the time limit prescribed by the labor law, the Labor Arbitration Board is not established, the Labor Arbitration Board does not issue a decision to resolve the dispute, or one of the parties does not implement the Labor Arbitration Board's decision, the person has the right to request a Court to resolve the dispute.

1b. If a collective labor dispute regarding rights according to the provisions of the labor law has gone through the conciliation procedure of a labor conciliator but the conciliation is not successful, if the conciliation time limit according to the provisions of the labor law expires, if the labor conciliator does not conduct conciliation or one of the parties fails to make a successful conciliation record, he or she has the right to request a court to resolve the matter.

1c. Collective labor disputes about rights that the two parties agree to choose a Labor Arbitration Council to resolve but at the end of the time limit according to the provisions of labor law, the Labor Arbitration Board is not established, the Labor Arbitration Board does not issue a decision to resolve the dispute or one of the parties does not implement the decision of the Labor Arbitration Board, has the right to request the Court to resolve.";

b) Abolish Clause 2, Article 32.

Article 220. Effectiveness of implementation

1. This Code takes effect from January 1, 2021.

Labor Code No. 10/2012/QH13 expires from the effective date of this Code.

2. From the effective date of this Code, labor contracts, collective labor agreements, and concluded legal agreements with content that is not contrary to or ensures that employees have rights and conditions more favorable than the provisions of this Code will continue to be implemented, unless the parties have agreed on amendments and supplements to conform and apply the provisions of this Code.

3. Labor regimes for cadres, civil servants, public employees, people belonging to the People's Army, People's Police, social organizations, members of cooperatives, and people working without labor relations are regulated by other legal documents, but depending on each subject, some provisions in this Code are applied.

This Code was passed by the 14th National Assembly of the Socialist Republic of Vietnam, 8th session, on November 20, 2019.

CHAIRMAN OF THE NATIONAL ASSEMBLY Nguyen Thi Kim Ngan