Decree 145/2020/NĐ-CP: labor conditions and labor relations

Article 1. Scope of adjustment

This decree stipulates detailed regulations and guidance for implementing certain contents on working conditions and labor relations under the following Articles and Clauses of the Labor Code:

1. Labor management under Clause 3, Article 12.

2. Labor contracts according to clause 4 Article 21; point d clause 1 Article 35, point d clause 2 Article 36; clause 4 Article 46; clause 4 Article 47; clause 3 Article 51.

3. Labor leasing according to clause 2 Article 54.

4. Organizing dialogue and implementing grassroots democracy regulations at the workplace according to clause 4 Article 63.

5. Wages according to clause 3 Article 92; clause 3 Article 96; clause 4 Article 98.

6. Working hours and rest periods according to clause 5 Article 107, clause 7 Article 113, Article 116.

7. Labor discipline, material responsibility according to clause 5 Article 118; clause 6 Article 122; clause 2 Article 130; Article 131.

8. Female workers and ensuring gender equality according to Clause 6, Article 135.

9. Domestic workers according to Clause 2, Article 161.

10. Settlement of labor disputes according to Clause 2, Article 184; Clause 6, Article 185; Clause 2, Article 209; Clause 2, Article 210.

Article 2. Subjects of application

1. Employees, apprentices, and trainees according to Clause 1, Article 2 of the Labor Code.

2. Employers according to Clause 2, Article 2 of the Labor Code.

3. Other agencies, organizations, and individuals related to the implementation of the provisions of this Decree.

Chapter II LABOR MANAGEMENT

Article 3. Labor management book

The establishment, updating, management, and use of the labor management book as stipulated in Clause 1, Article 12 of the Labor Code are regulated as follows:

1. Within 30 days from the date of commencement of operations, the employer must establish a labor management book at the location of the headquarters, branch, or representative office.

2. The labor management book is prepared in either paper or electronic form but must ensure the basic information about the employee, including: full name; gender; date of birth; nationality; place of residence; citizen identification card number or identity card or passport; professional and technical qualifications; occupational skill level; job position; type of labor contract; starting date of work; participation in social insurance; salary; promotions, salary increases; number of days off in the year; overtime hours; vocational training, education, fostering, and skill enhancement; labor discipline, material responsibility; work-related accidents, occupational diseases; time of termination of the labor contract and the reason.

3. Employers are responsible for displaying and updating the information stipulated in Clause 2 of this Article from the day the employee starts working; managing, using, and presenting the labor management book to the labor management agency and relevant agencies upon request in accordance with the law.

Article 4. Labor usage report

The declaration of labor use and the periodic reporting of labor changes in Clause 2, Article 12 of the Labor Code are regulated as follows:

1. Employers declare the use of labor in accordance with Decree No. 122/2020/NĐ-CP dated October 15, 2020, of the Government providing for coordination and interconnection procedures for business establishment registration, branch, representative office registration, declaration of labor use, issuance of unit codes for social insurance participation, and registration for the use of enterprise invoices.

2. On a semi-annual basis (before June 5) and annually (before December 5), employers must report changes in labor to the Department of Labor, War Invalids, and Social Affairs through the National Public Service Portal using Form No. 01/PLI Appendix I issued together with this Decree and notify the district-level social insurance agency where the headquarters, branch, or representative office is located. In cases where employers are unable to report changes in labor through the National Public Service Portal, they shall submit a paper report using Form No. 01/PLI Appendix I issued together with this Decree to the Department of Labor, War Invalids, and Social Affairs and notify the district-level social insurance agency where the headquarters, branch, or representative office is located.

The Department of Labor, Invalids and Social Affairs is responsible for compiling the situation regarding changes in labor in cases where employers submit reports in paper form to fully update information according to Form No. 02/PLI Appendix I issued together with this Decree.

3. Every 6 months, before June 15 and annually, before December 15, the Department of Labor, Invalids and Social Affairs is responsible for reporting to the Ministry of Labor, Invalids and Social Affairs on the situation of labor use in the locality through the National Public Service Portal according to Form No. 02/PLI Appendix I issued together with this Decree.

In the case that the Department of Labor, Invalids and Social Affairs is unable to report the labor use situation through the National Public Service Portal, it shall send a paper report to the Ministry of Labor, Invalids and Social Affairs according to Form No. 02/PLI Appendix I issued together with this Decree.

Section 1

CONTENT OF THE LABOR CONTRACT FOR THE WORKER

HIRED AS A DIRECTOR IN A BUSINESS

STATE-OWNED CAPITAL

Article 5. Contents of the labor contract for employees hired as directors in enterprises in which the State holds 100% of the charter capital or the State holds more than 50% of the charter capital or the total number of voting shares

The labor contract for employees hired as directors in enterprises where the State holds 100% of the charter capital or the State holds more than 50% of the charter capital or the total number of voting shares under Clause 4, Article 21 of the Labor Code includes the main contents:

1. Name, main office address of the enterprise according to the business registration certificate; full name, date of birth, citizen identification card number or Identity card or passport, phone number, contact address of the Chairman of the Members' Council or Chairman of the company or Chairman of the Board of Directors.

2. Full name; date of birth; gender; nationality; educational level; residential address in Vietnam, residential address abroad (for foreign employees); Citizen Identity Card number or Identity Card or passport; phone number, contact address; Work Permit number issued by a competent state agency or a document confirming that a work permit is not required; other documents as required by the employer (for foreign employees), if any, of the employee hired as director.

3. Work that is allowed, work that is not allowed, and obligations associated with the work results of the employee hired as director.

4. Workplace of the employee hired as director.

5. The term of the labor contract, agreed upon by both parties, shall not exceed 36 months. For foreign employees hired as directors, the term of the labor contract shall not exceed the term of the Work Permit issued by the competent state authority.

6. The content, term, and responsibilities regarding the protection of business secrets and technological secrets of the enterprise for employees hired as directors, and the handling of violations.

7. Rights and obligations of the employer, including:

a) Providing information to employees hired as directors to perform their duties;

b) Inspecting, supervising, and evaluating the effectiveness of the work performed by the hired directors;

c) Rights and obligations according to the provisions of law;

d) Issuing work regulations for directors;

d) Fulfill obligations to employees hired as directors regarding: salary, bonuses; social insurance, health insurance, unemployment insurance; providing working, commuting, food, and accommodation means; training and professional development;

e) Other rights and obligations agreed upon by both parties.

8. Rights and obligations of employees hired as directors include:

a) Performing work according to the labor contract;

b) Reporting and proposing solutions to handle difficulties and obstacles encountered during the implementation of work under the labor contract;

c) Reporting on the management and use of capital, assets, labor, and other resources;

d) Enjoying entitlements regarding: salary, bonuses; working hours, rest periods; provision of working, commuting, food, and accommodation means; social insurance, health insurance, unemployment insurance; training and professional development; other regimes agreed upon by both parties;

e) Other rights and obligations agreed upon by both parties.

9. Conditions, process, and procedures for amending, supplementing the labor contract, and unilaterally terminating the labor contract.

10. Rights and obligations of the employer and the employee hired as a director upon termination of the labor contract.

11. Labor discipline, material responsibility, settlement of labor disputes, and complaints.

12. Other contents agreed upon by both parties.

Article 6. Contents of the labor contract for employees hired as directors in enterprises in which the State holds 50% or less of the charter capital or the total number of voting shares

The content of the labor contract for employees hired as directors in enterprises where the State holds 50% or less of the charter capital or total voting shares shall comply with the provisions in Clause 1, Article 21 of the Labor Code.

Section 2

TERMINATION OF LABOR CONTRACT

Article 7. Notice period for unilaterally terminating the labor contract for certain sectors, occupations, and special jobs

The sectors, occupations, special jobs, and notice periods for unilaterally terminating a labor contract are stipulated in Point d, Clause 1, Article 35 and Point d, Clause 2, Article 36 of the Labor Code as follows:

1. Sectors, occupations, special jobs include:

a) Flight crew members; aircraft maintenance technicians, aviation specialized repair staff; flight dispatchers, flight operations staff;

b) Enterprise managers in accordance with the provisions of the Enterprise Law; the Law on Management and Use of State Capital Invested in Production and Business at Enterprises;

c) Crew members belonging to the ship staff working on a Vietnamese ship operating abroad; crew members leased out by a Vietnamese enterprise to work on a foreign ship;

d) Other cases as prescribed by law.

2. When a worker in the industries, professions, or jobs specified in Clause 1 of this Article unilaterally terminates the labor contract, or the employer unilaterally terminates the labor contract for these workers, the notice period shall be as follows:

a) At least 120 days for indefinite-term labor contracts or fixed-term labor contracts of 12 months or more;

b) At least one-fourth of the contract term for fixed-term labor contracts of less than 12 months.

Article 8. Severance allowance, unemployment allowance

1. The employer is responsible for paying severance allowance according to the provisions of Article 46 of the Labor Code to employees who have worked regularly for at least 12 months when the labor contract is terminated according to the provisions of clauses 1, 2, 3, 4, 6, 7, 9, and 10 of Article 34 of the Labor Code, except for the following cases:

a) Employees who are eligible to receive a pension according to the provisions of Article 169 of the Labor Code and the laws on social insurance;

b) Employees who voluntarily quit their job without a valid reason for 05 consecutive working days or more as prescribed in point e, clause 1, Article 36 of the Labor Code. Cases considered to have a valid reason are as prescribed in clause 4, Article 125 of the Labor Code.

2. The employer is responsible for paying unemployment benefits as prescribed in Article 47 of the Labor Code to employees who have worked regularly for the employer for 12 months or more and have been laid off as specified in Clause 11, Article 34 of the Labor Code.

In the case where an employee has regularly worked for an employer for 12 months or more and loses their job, but the working period used to calculate severance pay as prescribed in Clause 3 of this Article is less than 24 months, the employer is responsible for paying severance pay to the employee for at least 2 months' salary.

3. The working time for calculating severance pay and 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 the law on unemployment insurance and the working time for which the employer has already paid severance pay or unemployment benefits, including:

a) The total time the employee has actually worked for the employer includes: the time the employee has directly worked; probationary period; time sent by the employer to study; time off entitled to sickness or maternity benefits according to the law on social insurance; time off for treatment and labor rehabilitation when suffering from a work accident or occupational disease that is paid by the employer in accordance with the law on occupational safety and hygiene; time off to fulfill civic duties under the law that is paid by the employer; time off work not due to the employee's fault; weekly rest time according to Article 111, paid leave according to Article 112, Article 113, Article 114, and clause 1, Article 115; the time for performing tasks of the representative organization of employees as prescribed in Clause 2, Clause 3 of Article 176 and the time of temporary suspension from work under Article 128 of the Labor Code.

b) The period during which the employee has participated in unemployment insurance includes: the period during which the employee has participated in unemployment insurance as prescribed by law, and the period during which the employee is not required to participate in unemployment insurance according to the law but is paid by the employer, together with the employee's salary, an amount equivalent to the amount the employer contributes to the employee's unemployment insurance in accordance with labor and unemployment insurance laws.

c) The working period for calculating severance pay and unemployment benefits for employees is calculated in years (full 12 months); in the case of remaining months less than or equal to 6 months, it is counted as 1/2 year, and over 6 months is counted as 1 year of work.

4. Determine the time the employee has actually worked for the employer specified in point a, clause 3 of this Article in certain special cases:

a) For enterprises that are 100% state-owned or corporatized from state-owned enterprises, when terminating labor contracts with employees who have working time in agencies, organizations, units, or enterprises in the state sector and transferred to work at that enterprise before January 1, 1995, but have not received severance allowance, unemployment allowance, or a one-time allowance upon retirement, discharge, or sector transfer, the employer is responsible for calculating both the time the employee has actually worked for them and the time the employee has actually worked previously in the state sector.

Actual working time in agencies, organizations, units, and enterprises belonging to the state sector before January 1, 1995, includes: actual working time in state agencies; public service providers; political organizations; political-social organizations; units of the armed forces receiving salary from the state budget; working time in state-owned enterprises.

b) In the case where an employee works for an employer under multiple consecutive labor contracts as prescribed in Clause 2, Article 20 of the Labor Code, and upon termination of each labor contract the severance allowance or unemployment allowance has not been paid, the actual working time for the employer is the total working time under the labor contracts minus the actual working time under labor contracts that are declared completely invalid due to the entire content of the labor contract violating the law or the work stipulated in the labor contract being work prohibited by law, labor contracts under which the employee has been disciplined with dismissal, or labor contracts that the employee unilaterally terminates illegally (if any).

c) In cases where employees continue to work at the enterprise or cooperative according to the labor usage plan specified in Clause 1, Article 44 of the Labor Code after division, separation, merger, consolidation; sale, lease, conversion of the enterprise type; transfer of ownership rights or asset usage rights, the employer is responsible for determining the period that the employee has actually worked for the employer in order to calculate severance pay and unemployment allowance as follows:

c1) In the case where the labor contract is terminated in accordance with the provisions of Clauses 1, 2, 3, 4, 6, 7, 9, and 10 of Article 34 of the Labor Code, the period during which the employee has actually worked for the employer is counted for severance allowance as the total actual working time under labor contracts for the employer before and after division, separation, merger, consolidation; sale, lease, conversion of business type; transfer of ownership or usage rights of assets.

c2) In the case where the labor contract is terminated in accordance with Clause 11, Article 34 of the Labor Code, the period that the employee has actually worked for the employer is calculated for severance allowance as the total actual working time under labor contracts for the employer after division, separation, consolidation, merger; sale, lease, conversion of business type; transfer of ownership or asset use rights. The period that the employee has actually worked for the employer is calculated for retirement allowance as the actual working time under labor contracts for the employer before division, separation, consolidation, merger; sale, lease, conversion of business type; transfer of ownership or asset use rights.

c3) The employer is responsible for paying severance allowances for the period during which the employee worked in the state sector if they were last recruited before January 1, 1995, into an enterprise before it was divided, split, merged, or consolidated; sold, leased, converted into another type of enterprise; or transferred ownership rights or usage rights of assets as stipulated in point a of this clause.

5. The salary used to calculate severance pay and job loss allowance is regulated as follows:

a) The salary used to calculate severance pay and job loss allowance is the average salary of the 06 consecutive months according to the labor contract before the employee ceases employment or loses their job.

b) In the case where an employee works for an employer under multiple successive labor contracts as prescribed in Clause 2, Article 20 of the Labor Code, the salary used to calculate severance allowance and unemployment allowance is the average salary of the 06 consecutive months under the labor contract prior to the termination of the last labor contract. In the case where the last labor contract is declared invalid due to containing a salary lower than the regional minimum wage announced by the Government or the wage stated in the collective labor agreement, the salary used as the basis for calculating the severance allowance is agreed upon by both parties but must not be lower than the regional minimum wage or the wage stated in the collective labor agreement.

6. The funds for paying severance allowance and unemployment allowance for employees are accounted for in the production and business expenses or operating expenses of the employer.

Section 3

HANDLING INVALID LABOR CONTRACTS

Article 9. Handling partially invalid labor contracts

The handling of partially invalid labor contracts under Clause 1, Article 51 of the Labor Code is regulated as follows:

1. When a labor contract is declared partially invalid, the employer and the employee shall amend and supplement the part of the labor contract that is declared invalid to conform with the collective labor agreement and the law.

2. The rights, obligations, and benefits of both parties during the period from the commencement of work under the partially invalid labor contract until the contract is amended and supplemented shall be resolved according to the applicable collective labor agreement. If there is no collective labor agreement, it shall be implemented in accordance with the provisions of the law.

In the case where an employment contract is declared void and has a wage lower than the labor law provisions or the applicable collective labor agreement, both parties must renegotiate the wage level according to the regulations, and the employer is responsible for determining the difference between the renegotiated wage and the wage in the employment contract declared void to reimburse the employee corresponding to the actual working time under the employment contract declared void.

3. In the case that both parties do not agree to amend or supplement the contents that have been declared void:

a) Terminate the employment contract;

b) The rights, obligations, and benefits of both parties from the beginning of working under the partially void employment contract until the termination of the contract shall be carried out according to Clause 2 of this Article;

c) Resolve the severance allowance regime in accordance with the provisions of Article 8 of this Decree.

d) The working time of an employee under an employment contract that is declared invalid is counted as the time the employee has worked for the employer as a basis for implementing the regimes in accordance with labor law provisions.

4. Other issues related to handling an employment contract that is partially invalid fall within the jurisdiction of the Court according to the provisions of the Civil Procedure Code.

Article 10. Handling fully invalid labor contracts due to the contracting party not having proper authority or violating the principles of labor contract formation

1. When an employment contract is declared completely invalid, the employee and the employer shall re-sign the employment contract in accordance with the provisions of the law.

2. The rights, obligations, and benefits of the employee from the time they start working under the employment contract that is declared invalid until the employment contract is re-signed are implemented as follows:

a) If the rights and interests of each party in the labor contract are not lower than the provisions of the law and the applicable collective labor agreement, then the rights, obligations, and interests of the employee shall be exercised according to the content of the labor contract that is declared invalid;

b) If the labor contract contains provisions regarding the rights, obligations, and benefits of each party that violate the law but do not affect other contents of the labor contract, then the rights, obligations, and benefits of the employee shall be implemented in accordance with Clause 2, Article 9 of this Decree;

c) The time that the employee works under a labor contract declared null and void shall be counted as the working time of the employee for the employer as a basis for implementing regimes under labor law provisions.

3. In the case of not re-signing a labor contract declared entirely null and void:

a) Terminate the employment contract;

b) The rights, obligations, and benefits of the employee from the time of starting work under the labor contract declared null and void until the termination of the labor contract shall be implemented according to the provisions in Clause 2 of this Article;

c) Settlement of severance allowance according to the provisions of Article 8 of this Decree.

4. Other issues related to handling labor contracts that are entirely invalid due to the contracting party not having proper authority or violating the principles of labor contract formation fall within the jurisdiction of the Court according to the provisions of the Civil Procedure Code.

Article 11. Handling labor contracts that are completely invalid due to the entire content of the labor contract violating the law or the work agreed upon in the labor contract being work prohibited by law

1. When a labor contract is declared wholly invalid, the employee and the employer shall enter into a new labor contract in accordance with the law.

2. The rights, obligations, and interests of the employee from the time they start working under the labor contract that is declared invalid until a new labor contract is concluded shall be implemented in accordance with Clause 2, Article 10 of this Decree.

3. In the case that the two parties do not enter into a new labor contract:

a) Terminate the employment contract;

b) The rights, obligations, and interests of the employee from the time they start working under the labor contract that is declared invalid until the termination of the labor contract shall be implemented in accordance with Clause 2 of this Article.

c) The employer shall pay the employee an amount agreed upon by both parties, but for each year of work, it must be at least equal to one month of the regional minimum wage per month applicable to the area where the employee works, as prescribed by the Government at the time of the decision declaring the labor contract invalid. The employee's working time used to calculate the severance allowance is the actual working time under the labor contract declared invalid, determined according to point a, Clause 3, Article 8 of this Decree;

d) Resolve the severance allowance regime for labor contracts prior to the labor contract declared invalid in accordance with the provisions of Article 8 of this Decree, if any.

4. Other issues related to the handling of labor contracts that are entirely invalid due to the entire content of the labor contract violating the law or the work agreed upon in the labor contract being work prohibited by law fall under the jurisdiction of the Court as prescribed by the Civil Procedure Code.

LABOR LEASING

Section 1

GENERAL PROVISIONS ON LABOR LEASING

Article 12. Enterprises leasing labor

A labor leasing enterprise is an enterprise established under the Law on Enterprises, granted a license to operate labor leasing, recruits and enters into labor contracts with employees, then transfers the employees to work under the management of another employer while still maintaining the employment relationship with the enterprise that entered into the labor contract (hereinafter referred to as the leasing enterprise).

Article 13. Party hiring leased labor

The labor lease tenant is an enterprise, agency, organization, cooperative, household, or individual with full civil act capacity, who uses leased labor to perform tasks according to the list of jobs permitted for labor leasing for a certain period of time.

Article 14. Leased laborers

A leased employee is an employee who has full civil act capacity, is recruited and enters into a labor contract by the leasing enterprise, and then is transferred to work and be managed by the labor lessee.

Section 2

SECURITY DEPOSIT OF THE LEASING ENTERPRISE

Article 15. Deposit and use of deposit money

1. The enterprise shall make a security deposit according to the level prescribed in Clause 2, Article 21 of this Decree at a Vietnamese commercial bank or a branch of a foreign bank legally established and operating in Vietnam (hereinafter referred to as the receiving bank).

2. The deposit is used for the purpose of paying wages, social insurance, health insurance, unemployment insurance, occupational accident insurance, occupational disease insurance, and other benefits for leased employees according to agreements in the labor contract, collective labor agreement, internal regulations, and rules of the leasing enterprise, or for compensating leased employees in case the leasing enterprise violates the labor contract with leased employees or causes damage to leased employees by failing to ensure the legal rights and interests of leased employees.

Article 16. Payment of deposit money

1. The leasing enterprise must make the deposit payment according to the regulations of the deposit-receiving bank and comply with legal provisions. The leasing enterprise is entitled to interest from the deposit according to the agreement with the deposit-receiving bank and in accordance with legal regulations.

2. The deposit-receiving bank is responsible for issuing the operational labor leasing deposit certificate according to Form No. 01/PLIII, Appendix III issued together with this Decree after the labor leasing enterprise completes the deposit procedures. In case of changes in any of the information on the operational labor leasing deposit certificate, including: the enterprise name; the head office address; the deposit account number, the labor leasing enterprise shall send a written request and documents proving the information change to the deposit-receiving bank to amend the operational labor leasing deposit certificate.

Article 17. Management of deposit money

1. The deposit-receiving bank is responsible for freezing the entire deposit amount of the labor leasing enterprise and managing the deposit in accordance with the provisions of the law on deposits.

2. The deposit-receiving bank shall implement for the leasing enterprise the withdrawal of deposit money, the deduction of deposit money, and require the leasing enterprise to supplement the deposit money in accordance with the provisions of Articles 18, 19, and 20 of this Decree.

3. The deposit-receiving bank is not allowed to let the leasing enterprise withdraw deposit money without the written consent of the Chairman of the Provincial People's Committee or the City under Central Authority (hereinafter referred to as the Chairman of the Provincial People's Committee).

Article 18. Withdrawal of deposit money

1. The Chairman of the Provincial People's Committee where the leasing enterprise has its head office agrees to allow the leasing enterprise to withdraw deposit money when the enterprise falls under one of the following cases:

a) The leaseback enterprise faces difficulties, lacking sufficient financial resources to fully pay salaries, social insurance, health insurance, unemployment insurance, occupational accident insurance, occupational disease insurance, and other benefits for leased employees as agreed in the labor contract, collective labor agreement, rules, and regulations of the leaseback enterprise after a period of 30 days from the payment due date according to the provisions of law;

b) The leasing enterprise encounters difficulties and is unable to compensate the leased employees due to violations of the labor contract with the leased employees or causing damage to the leased employees by failing to ensure the legal rights and interests of the leased employees after 60 days from the date the compensation is due according to the provisions of law;

c) The enterprise is not granted a license;

d) The leasing enterprise has its license revoked or is not granted renewal or reissuance of the license;

d) The leasing enterprise has made a deposit at a Vietnamese commercial bank or a branch of a foreign commercial bank in Vietnam.

2. The dossier requesting the Chairman of the Provincial People's Committee to withdraw the deposited funds submitted to the Department of Labor, War Invalids and Social Affairs includes:

a) The written request for withdrawal of the deposit from the leasing enterprise;

b) The plan for using the money withdrawn from the deposit account, including: the reason and purpose for withdrawing the deposit; the list and number of employees, amount of money, time, and method of payment in the case of deposit withdrawal as stipulated in points a and b of clause 1 of this Article;

c) Report on the fulfillment of obligations and documents proving the fulfillment of obligations to leased employees in the case of deposit withdrawal as stipulated in point d of clause 1 of this Article;

d) Certificate of deposit money for labor leasing activities in the case of deposit withdrawal as stipulated in point đ of clause 1 of this Article.

3. The deposit withdrawal dossier sent to the bank receiving the deposit includes:

a) The written request for deposit withdrawal from the labor leasing enterprise as stipulated in point a of clause 2 of this Article;

b) The written approval for the deposit withdrawal from the Chairman of the Provincial People's Committee according to Form No. 02/PLIII in Appendix III issued together with this Decree;

c) Documents for withdrawing the deposit according to the regulations of the receiving bank (if any).

4. The procedure for withdrawing the deposit is implemented as follows:

a) The leasing enterprise submits 01 set of dossiers as prescribed in Clause 2 of this Article to the Department of Labor, War Invalids and Social Affairs where the enterprise's headquarters are located;

b) The Department of Labor, War Invalids and Social Affairs receives the dossiers, checks them, and issues a receipt clearly stating the day, month, and year of receiving the complete dossier. Within 05 working days from the date of receiving the complete dossier requesting the withdrawal of the deposit by the leasing enterprise, the Department of Labor, War Invalids and Social Affairs checks and verifies the enterprise's request dossier and the fulfillment of obligations to the leased employees of the leasing enterprise in case prescribed in Point d Clause 1 of this Article and submits it to the Chairman of the Provincial People's Committee for approval for the leasing enterprise to withdraw the deposit;

c) Within 05 working days from the date of receiving the dossier submitted by the Department of Labor, Invalids, and Social Affairs, the Chairman of the Provincial People's Committee shall issue a written agreement on the withdrawal of the deposit and the plan for using the deposit (if any), sending it to the leasing enterprise and the deposit-receiving bank. In case of disagreement with the withdrawal of the deposit, the Chairman of the Provincial People's Committee shall provide a written response to the leasing enterprise stating the reasons for the disagreement;

d) After receiving the written agreement on the withdrawal of the deposit from the Chairman of the Provincial People's Committee, the leasing enterprise shall submit the dossier as prescribed in Clause 3 of this Article to the deposit-receiving bank;

d) The deposit-receiving bank receives and reviews the deposit withdrawal documents of the leasing company; if they comply with regulations, the deposit-receiving bank allows the leasing company to carry out the deposit withdrawal within 01 working day from the date of receiving the deposit withdrawal documents.

In the case of withdrawing the deposit according to the provisions at points a and b of clause 1 of this Article, the payment and compensation to the leased employees shall be directly paid by the bank receiving the deposit according to the plan approved by the Chairman of the provincial People's Committee after deducting banking service fees.

Article 19. Deduction of deposit money when the labor leasing enterprise does not fulfill obligations to the leased laborers

1. When 60 days have passed from the due date and the enterprise has not paid the benefits and entitlements to leased employees as stipulated in Clause 2, Article 15 of this Decree, the Department of Labor, War Invalids, and Social Affairs shall issue a written request for the leasing enterprise to pay the benefits and entitlements to the leased employees after coordinating with the social insurance agency and other relevant organizations. If, within 10 days from the date the Department of Labor, War Invalids, and Social Affairs issues the written request, the leasing enterprise does not make the payment and does not submit a written request to withdraw the deposit to pay the benefits to employees, the Department of Labor, War Invalids, and Social Affairs shall submit to the Chairman of the Provincial People's Committee to deduct the deposit of the leasing enterprise to pay the benefits and entitlements to the leased employees according to the following procedures and processes:

a) The Department of Labor, War Invalids and Social Affairs requires the leasing enterprise to report the number, list of leased employees, unpaid amounts, and compensation for the benefits and rights of each leased employee. Within 5 working days from the date of receiving the request from the Department of Labor, War Invalids and Social Affairs, the leasing enterprise must complete the report. Within 3 working days from the date of receiving the report from the leasing enterprise, the Department of Labor, War Invalids and Social Affairs will compile and submit it to the Provincial People's Committee Chairman to decide on the withdrawal of the leasing enterprise's deposit to pay for the employees' benefits.

b) Within 5 working days from the date of receiving the request from the Department of Labor, Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall decide to deduct the deposit money of the leasing enterprise. The decision to deduct the deposit money shall follow Form No. 03/PLIII Appendix III issued together with this Decree;

c) Within 07 working days from the date of receiving the decision of the Chairman of the Provincial People's Committee, the deposit-receiving bank shall deduct the deposit money of the leasing enterprise and directly pay it to the leased workers according to the list attached to the decision of the Chairman of the Provincial People's Committee, after deducting banking service fees. The deposit money of the leasing enterprise shall be paid in the following priority order: wages; social insurance, health insurance, unemployment insurance; work accident insurance, occupational disease insurance, and other regimes for leased workers as agreed upon in the labor contract, collective labor agreement, rules, and regulations of the leasing enterprise.

2. The Department of Labor, War Invalids and Social Affairs is responsible for supervising the implementation of payment and compensation for leased employees in accordance with the provisions of clause 1 of this Article and reporting the implementation results to the Provincial People's Committee.

Article 20. Additional deposit payment

1. Within 30 days from the date of withdrawing the deposit to make payment in the cases specified in points a and b of clause 1 of Article 18 and Article 19 of this Decree, the leasing enterprise must additionally submit the deposit guarantee in accordance with the provisions of clause 2 of Article 21 of this Decree.

2. Within a period not exceeding 30 days from the expiration date specified in Clause 1 of this Article, if the leasing enterprise fails to fully supplement the deposit, the deposit-receiving bank is responsible for notifying in writing the Department of Labor, War Invalids and Social Affairs and the Chairman of the Provincial People's Committee where the leasing enterprise has its head office. Within 15 days from the date of receiving the notification from the deposit-receiving bank, the Department of Labor, War Invalids and Social Affairs shall submit to the Chairman of the Provincial People's Committee to revoke the enterprise's license in accordance with the provisions of Clause 4, Article 28 of this Decree.

Section 3

CONDITIONS, AUTHORITY, ORDER, PROCEDURE, ISSUANCE, EXTENSION,

REISSUE, WITHDRAW LICENSE AND JOB CATEGORIES

CONDUCTED FOR THE LEASING OF LABOR

Article 21. Conditions for granting a license

1. The legal representative of the enterprise conducting labor leasing activities must ensure the conditions:

a) Being a business manager as prescribed by the Enterprise Law;

b) Having no criminal record;

c) Having directly worked in the profession or management related to labor leasing or labor supply for at least 03 years (36 months) within the 05 consecutive years prior to applying for a license.

2. The enterprise has made a deposit of 2,000,000,000 VND (two billion VND).

Article 22. Authority to grant, extend, reissue, and revoke licenses

The Chairman of the Provincial People's Committee where the enterprise's headquarters is located has the authority to grant, extend, reissue, or revoke the license for the enterprise.

Article 23. License for labor leasing activities

1. The labor leasing operation license is printed on hard paper in A4 size (21 cm x 29.7 cm); the front side shows the content of the license on a white background with sky blue patterns, the national emblem embossed, and a black frame; the back side has the state name, national emblem, and the words "LABOR LEASING OPERATION LICENSE" printed on a sky blue background.

2. Contents of the labor leasing operation license according to Form No. 04/PLIII Appendix III issued together with this Decree.

3. The term of the license is regulated as follows:

a) The maximum term of the license is 60 months;

b) The license can be renewed multiple times, each renewal for a maximum of 60 months;

c) The term of the reissued license is equal to the remaining term of the previously granted license.

Article 24. Application dossier for license

1. The document requesting the issuance of a license from the enterprise according to Form No. 05/PLIII Appendix III issued together with this Decree.

2. The autobiographical record of the enterprise's legal representative according to Form No. 07/PLIII Appendix III issued together with this Decree.

3. Judicial record certificate No. 1 in accordance with the law on judicial records of the legal representative of the enterprise. In case the representative is a foreigner who is not entitled to receive judicial record certificate No. 1, it may be replaced by a judicial record certificate from the country of their nationality.

The documents mentioned in this clause must be issued no more than 06 months before the application submission date. Documents in a foreign language must be translated into Vietnamese, notarized, and consular legalized in accordance with legal regulations.

4. Documents proving the period of directly practicing a profession or managing labor subcontracting or labor supply by the legal representative of the enterprise, as prescribed in Point c, Clause 1, Article 21 of this Decree, include one of the following types of documents:

a) A copy certified from the original labor contract or employment contract or the recruitment, appointment, or assignment decision of the legal representative of the enterprise;

b) A certified copy of the original appointment decision (for those working under an appointment regime) or the document recognizing the election results (for those working under an election regime) of the legal representative of the enterprise, or a copy of the business registration certificate (in cases where the person is the legal representative of an enterprise for labor leasing or labor supply).

If the documents specified in points a and b of this clause are documents from a foreign country, they must be translated into Vietnamese, certified, and consular legalized in accordance with the law.

5. Certificate of labor leasing operation deposit according to Form No. 01/PLIII Appendix III issued together with this Decree.

Article 25. Procedure for granting a license

1. The enterprise sends a set of dossiers as prescribed in Article 24 of this Decree to the Department of Labor, Invalids and Social Affairs where the enterprise's head office is located to apply for a license.

2. After checking all the documents specified in Article 24 of this Decree, the Department of Labor, Invalids and Social Affairs shall issue a receipt specifying the day, month, and year of receiving the application for a permit.

3. Within 20 working days from the date of receiving a complete and compliant application, the Department of Labor, Invalids and Social Affairs shall verify and submit to the Chairman of the Provincial People's Committee for the issuance of the permit for the enterprise.

In cases where the dossier does not comply with regulations, within 10 working days from the date of receipt of the dossier, the Department of Labor, War Invalids and Social Affairs shall issue a written request for the enterprise to complete the dossier.

4. Within 7 working days from the date of receipt of the dossier submitted by the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall review and issue a permit to the enterprise; in case the permit is not issued, a written response shall be sent to the enterprise stating clearly the reasons for not issuing the permit.

5. Licenses shall not be granted in the following cases:

a) Failing to meet the conditions stipulated in Article 21 of this Decree;

b) Having used a fake license to operate labor lease activities;

c) Having a legal representative who has previously been the legal representative of an enterprise whose license was revoked for the reasons specified in points d, đ, and point e, Clause 1, Article 28 of this Decree within the 5 consecutive years prior to the request for a labor lease activity license;

d) Having a legal representative who has previously been the legal representative of an enterprise that used a fake license.

Article 26. License extension

1. Enterprises applying for license renewal must ensure the following regulations:

a) Ensure the conditions stipulated in Article 21 of this Decree;

b) Not fall under the cases of license revocation as prescribed in Article 28 of this Decree;

c) Fully comply with the reporting regime prescribed in this Decree;

d) The dossier requesting the license extension must be sent to the Department of Labor, War Invalids and Social Affairs at least 60 working days before the license expires.

2. The dossier requesting the license extension includes:

a) The document requesting the license extension from the enterprise according to Form No. 05/PLIII Appendix III issued together with this Decree;

b) The document stipulated in Clause 5, Article 24 of this Decree;

c) The documents stipulated in Clauses 2, 3, and 4, Article 24 of this Decree in the case the enterprise requests a license extension while simultaneously changing the legal representative of the enterprise.

3. Procedures and processes for license extension

a) The enterprise submits a set of documents in accordance with the provisions of Clause 2 of this Article to the Department of Labor, War Invalids and Social Affairs where the enterprise's head office is located to request an extension of the license. After checking that the documents comply with the provisions of Clause 2 of this Article, the Department of Labor, War Invalids and Social Affairs issues a receipt clearly stating the day, month, and year of receiving the license extension application;

b) Within 15 working days from the date of receiving the compliant application, the Department of Labor, War Invalids and Social Affairs shall appraise and submit to the Chairman of the Provincial People's Committee for the extension of the license for the enterprise. In case the application does not comply with the regulations, within 7 working days from the date of receiving the application, the Department of Labor, War Invalids and Social Affairs shall issue a written request for the enterprise to complete the application;

c) Within 07 working days from the date of receiving the application submitted by the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall review and extend the license for the enterprise; in case the license is not extended, there shall be a written response to the enterprise clearly stating the reasons for not extending the license.

4. For leasing enterprises that do not comply with the provisions in Clause 1 of this Article or fall under the cases specified in Clause 5, Article 25 of this Decree, the Chairman of the Provincial People's Committee shall respond in writing to the enterprise and clearly state the reasons for not extending the license.

Article 27. Reissuance of license

1. Leasing enterprises request the Chairman of the Provincial People's Committee to reissue the license in the following cases:

a) Changes to any of the content of the previously issued license, including: enterprise name; headquarters address but still within the province that issued the license; legal representative of the enterprise;

b) Lost license;

c) License that is damaged and no longer contains complete information on the license;

d) Change of the head office address to a different provincial area from where the license was originally granted.

2. The application dossier for license reissuance is as follows:

a) A written request for license reissuance according to Form No. 05/PLIII Appendix III issued together with this Decree;

b) A copy of the enterprise registration certificate in the case of changing the enterprise name, head office address but still within the provincial area where the license was issued, or a license that is damaged and no longer contains complete information on the license;

c) The documents prescribed in clauses 2, 3, and clause 4 of Article 24 of this Decree in the case the enterprise changes its legal representative;

d) The documents prescribed in clauses 2, 3, 4, and clause 5 of Article 24 of this Decree in the case of lost license;

d) The license that has been previously granted in the case specified in point a, point c, clause 1 of this Article.

3. The procedure for reissuing a license in the case specified in points a, b, and c, clause 1 of this Article is as follows:

a) The enterprise submits a dossier according to the provisions in clause 2 of this Article to the Department of Labor, War Invalids, and Social Affairs where the enterprise has its head office to request reissuance of the license. After checking that the documents specified in clause 2 of this Article are complete, the Department of Labor, War Invalids, and Social Affairs issues a receipt clearly stating the day, month, and year of receiving the license extension request dossier;

b) Within 15 working days from the date of receipt of the guaranteed dossier as prescribed, the Department of Labor, War Invalids and Social Affairs shall verify and submit to the Chairman of the Provincial People's Committee for re-issuance of the license to the enterprise. In case the dossier does not meet the regulations, within 07 working days from the date of receipt of the dossier, the Department of Labor, War Invalids and Social Affairs shall issue a written request for the enterprise to complete the dossier;

c) Within 07 working days from the date of receipt of the application submitted by the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall consider and reissue the license to the enterprise; in case the license is not reissued, there shall be a written response to the enterprise clearly stating the reasons for not reissuing the license.

4. The procedure for reissuing the license in the case specified in point d, clause 1 of this Article shall be carried out as follows:

a) The application dossier for reissuing the license includes: a written request for reissuing the license according to Form No. 05/PLIII in Appendix III issued together with this Decree; a copy of the enterprise registration certificate newly issued by the business registration authority where the enterprise has its new head office in accordance with the law; the license previously issued by the Chairman of the Provincial People's Committee where the enterprise had its head office.

b) The enterprise sends a set of dossiers prescribed at point a of this Clause to the Department of Labor, War Invalids and Social Affairs where the enterprise sets up its new head office to request a license. The Department of Labor, War Invalids and Social Affairs issues a receipt specifying the day, month, and year of receiving the dossier when the dossier contains all the documents prescribed at point a of this Clause;

c) Within 10 working days, the Department of Labor, War Invalids and Social Affairs where the enterprise sets up its new head office shall have a written document requesting the Department of Labor, War Invalids and Social Affairs where the enterprise was already granted the license to provide a copy of the dossier requesting the license and confirmation regarding the conditions that the leasing enterprise is not being revoked its license;

d) Within 07 working days from the date of receiving the document from the Department of Labor, Invalids and Social Affairs where the enterprise has its new head office, the Department of Labor, Invalids and Social Affairs where the leased enterprise has been licensed shall provide feedback on the operational status of the leased enterprise during its operation in the area, respond to the Department of Labor, Invalids and Social Affairs where the enterprise has its new head office, and attach a copy of the leased enterprise's license application file.

In case the leased enterprise has its license revoked according to Clause 1, Article 28 of this Decree, the Department of Labor, Invalids and Social Affairs where the leased enterprise has been licensed is responsible for reporting to the Chairman of the Provincial People's Committee to revoke the license and notifying the Department of Labor, Invalids and Social Affairs where the enterprise has its new head office;

(d) Within 06 working days from the date of receiving the document from the Department of Labor, Invalids and Social Affairs where the leasing enterprise has been licensed, the Department of Labor, Invalids and Social Affairs where the enterprise has its head office shall submit to the Chairman of the Provincial People's Committee for re-issuance of the license to the enterprise.

In the case where a leasing enterprise has its license revoked by the Chairman of the Provincial People's Committee of the province where the enterprise's head office was previously located, in accordance with point a, clause 1, Article 28 of this Decree, the Department of Labor, War Invalids and Social Affairs where the enterprise's new head office is located shall issue a written request for the enterprise to complete the dossier and submit it to the Chairman of the Provincial People's Committee for granting a license to the leasing enterprise.

In the case where the enterprise providing labor leasing has its license revoked by the Chairman of the Provincial People's Committee where the enterprise's head office is located, according to the provisions in points c, d, đ, and e, Clause 1, Article 28 of this Decree, the Department of Labor, War Invalids and Social Affairs shall submit to the Chairman of the Provincial People's Committee a proposal not to issue a license to the labor-leasing enterprise;

e) Within 4 working days from the date of receiving the application submitted by the Department of Labor, War Invalids and Social Affairs where the enterprise has its new head office, the Chairman of the Provincial People's Committee shall review and grant the license to the enterprise; in case the license is not granted, a written reply shall be sent to the enterprise clearly stating the reason for not granting the license.

Article 28. License revocation

1. The license of a labor leasing enterprise shall be revoked in the following cases:

a) Termination of labor leasing activities upon the request of the labor leasing enterprise;

b) The enterprise is dissolved or the Court issues a decision declaring bankruptcy;

c) Failure to meet any of the conditions stipulated in Article 21 of this Decree;

d) Allowing another enterprise, organization, or individual to use the license;

e) Leasing labor to perform work that is not listed in the job catalogue for labor leasing in Appendix II issued together with this Decree;

e) The enterprise providing labor leasing engages in the act of forging documents in the application file for granting, renewing, or reissuing a license, or erasing or altering the content of an already issued license, or using a fake license.

2. The application file for license revocation in cases specified in points a and b, clause 1 of this Article includes:

a) A written request for license revocation according to Form No. 06/PLIII Appendix III issued together with this Decree;

b) The license that has been issued or a written commitment to take legal responsibility by the labor-leasing enterprise in the case of a lost license;

c) A report on the labor leasing operation of the enterprise according to Form No. 09/PLIII Appendix III issued together with this Decree;

d) A copy of the labor lease contract still valid at the time of the license revocation request.

3. The order and procedures for revoking the license in the cases specified in points a and b, clause 1 of this Article are as follows:

a) The enterprise submits a set of dossiers as prescribed in clause 2 of this Article to the Department of Labor, War Invalids and Social Affairs where the enterprise has its head office;

b) The Department of Labor, War Invalids and Social Affairs receives the dossier, checks it, and issues a receipt clearly stating the date, month, and year of receiving a complete dossier. Within 10 working days from the date of receiving the complete dossier requesting the revocation of the enterprise’s license, the Department of Labor, War Invalids and Social Affairs inspects and reviews the enterprise's ongoing labor leasing contracts to require the leasing enterprise to fulfill the employees’ entitlements according to Article 29 of this Decree and submits it to the Chairman of the Provincial People's Committee to revoke the license;

c) Within 07 working days from the date of receipt of the dossier submitted by the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall decide to revoke the license. The license revocation decision shall follow Form No. 08/PLIII Appendix III issued together with this Decree.

4. The procedures for revoking a license in the cases specified in points c, d, đ, and point e, Clause 1 of this Article are as follows:

a) When discovering a leasing enterprise that falls under the cases specified in points c, d, đ, and point e, Clause 1 of this Article, the Department of Labor, War Invalids and Social Affairs where the enterprise has its headquarters shall conduct an inspection, collect relevant evidence, and submit to the Chairman of the Provincial People's Committee the proposal to revoke the license;

b) Within 07 working days from the date of receipt of the dossier submitted by the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall decide to revoke the enterprise's license;

c) Within 03 working days from the date of receiving the decision to revoke the license, the leasing enterprise is responsible for returning the license to the provincial People's Committee.

5. A leasing enterprise shall not be granted a license for a period of 5 years from the date the license is revoked due to violations of the provisions specified in points c, d, đ, and point e of clause 1 of this Article.

Article 29. Responsibilities of the labor leasing enterprise in case the license is revoked or not renewed, reissued

Within 15 working days from the date of receiving the document from the Chairman of the Provincial People's Committee regarding the non-renewal, non-reissuance, or revocation of the license, the leasing enterprise shall liquidate all ongoing labor lease contracts, resolve the legal rights and interests of the leased workers and the lessee in accordance with labor law provisions, and publicly announce the termination of labor leasing activities on at least one electronically licensed newspaper for 7 consecutive days.

Article 30. List of jobs eligible for labor leasing

The list of jobs allowed for labor leasing is stipulated in Appendix II issued together with this Decree.

Section 4

RESPONSIBILITY OF THE ORGANIZATION IN IMPLEMENTATION

ON LABOR LEASING

Article 31. Responsibilities of the labor leasing enterprise

1. Publicly post the original license at the head office and certified copies from the original license at branches and representative offices (if any) of the labor leasing enterprise. In case of operating in another provincial area, the labor leasing enterprise must send a certified copy of the license to the Department of Labor, Invalids and Social Affairs of that province for monitoring and management.

2. Every six months and annually, report the situation of labor leasing activities using Form No. 09/PLIII Appendix III issued together with this Decree, sending it to the Chairman of the Provincial People's Committee, the Department of Labor, War Invalids, and Social Affairs where the enterprise has its head office; at the same time, report to the Department of Labor, War Invalids, and Social Affairs where the enterprise operates labor leasing activities about the situation of labor leasing activities in that area in cases where the enterprise leases labor to operate in another province. The six-month report is sent before June 20, and the annual report is sent before December 20.

3. Timely report any incidents related to labor leasing activities to the competent local state authority or as requested by the state labor management authority.

4. Fully fulfill the responsibilities of the leasing enterprise as prescribed in Article 56 of the Labor Code and this Chapter.

Article 32. Responsibilities of the bank receiving the deposit

1. Comply with regulations on opening a deposit account, depositing funds, using the deposit account of the leasing enterprise, and related provisions concerning this account.

2. Periodically report quarterly on the implementation of deposits by the leasing enterprise according to Form No. 11/PLIII Appendix III issued together with this Decree, sent to the State Bank branch at the province or centrally-run city level, the Chairman of the Provincial People's Committee, and the Department of Labor, War Invalids and Social Affairs where the enterprise has its head office, before the 15th of the first month of the following quarter.

3. Fully fulfill the responsibilities of the receiving bank for deposits as prescribed in this Chapter.

Article 33. Responsibilities of the Department of Labor - Invalids and Social Affairs

1. Propagate and disseminate legal provisions on labor, labor leasing to employers, employees, and relevant agencies and organizations in the area.

2. Guide, inspect, supervise, and monitor the implementation of legal provisions on labor leasing in the area.

3. Monitor, compile, and report semi-annually and annually on the deposit status and the issuance of licenses for labor lease activities in the managed area according to Form No. 10/PLIII, Appendix III issued together with this Decree, to the Chairpersons of the Provincial People's Committees and the Ministry of Labor, Invalids and Social Affairs. The semi-annual report is to be submitted before July 20, and the annual report is to be submitted before January 20 of the following year.

4. Fully perform the responsibilities of the Department of Labor, Invalids and Social Affairs as prescribed in this Chapter.

Article 34. Responsibilities of the Chairman of the Provincial People's Committee

1. Send a notification regarding the issuance, renewal, reissuance, or revocation of the license to the Ministry of Labor, War Invalids and Social Affairs within 5 working days from the date of issuance, renewal, reissuance, or revocation of the license for monitoring and management purposes. At the same time, send it to the Chairman of the Provincial People's Committee where the enterprise was previously licensed in the case that the enterprise renting out labor changes its headquarters address to a different province from where the license was issued.

2. Announce the enterprise that is issued, renewed, reissued, or revoked its labor leasing operation license on the electronic information portal of the Provincial People's Committee.

3. Fully perform the responsibilities of the Chairman of the Provincial People's Committee as prescribed in this Chapter.

Article 35. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. Propagate, disseminate, guide, inspect, examine, and supervise the implementation of labor law regarding labor leasing.

2. Compile and publicly announce businesses that have been granted, renewed, reissued, or revoked licenses on the electronic information page of the Ministry of Labor - Invalids and Social Affairs.

3. Fully perform the responsibilities of the Ministry of Labor - Invalids and Social Affairs as prescribed in this Chapter.

Article 36. Responsibilities of the State Bank of Vietnam

Carry out inspection, examination, and supervision of banks receiving deposits regarding the submission and management of deposit money from leasing enterprises in accordance with the law.

DIALOGUE AT THE WORKPLACE

Section 1

ORGANIZING DIALOGUE AT THE WORKPLACE

Article 37. Responsibility to organize dialogue at the workplace

1. Employers are responsible for coordinating with the representative organization of employees at the workplace (if any) to organize dialogue at the workplace as prescribed in Clause 2, Article 63 of the Labor Code.

At workplaces where employees do not participate as members of the grassroots representative labor organization, the employer is responsible for coordinating with the grassroots representative labor organization (if any) to guide, support, and facilitate these employees in selecting representatives for themselves (hereinafter referred to as the employee dialogue representative group) to participate in dialogue with the employer in accordance with the provisions of Clause 2, Article 63 of the Labor Code. The number of members of the employee dialogue representative group is determined according to the provisions of Clause 2, Article 38 of this Decree.

2. The employer is responsible for specifying in detail in the grassroots democracy regulations at the workplace the following main contents to organize workplace dialogue in accordance with the provisions of Clause 2, Article 63 of the Labor Code:

a) Principles of dialogue at the workplace;

b) The number and composition of participants in the dialogue from each side as prescribed in Article 38 of this Decree;

c) The frequency and duration of the annual periodic dialogue sessions;

d) The manner of organizing periodic dialogues, dialogues upon the request of one or more parties, and dialogues when incidents occur;

d) The responsibilities of the parties participating in the dialogue as prescribed in Clause 2, Article 63 of the Labor Code;

e) The application of the provisions in Article 176 of the Labor Code regarding members representing the employees in the dialogue who are not members of the leadership of the employee representative organization at the workplace;

g) Other contents (if any).

3. In addition to the provisions in clauses 1 and 2 of this Article, the employer is responsible for:

a) Appointing representatives on behalf of the employer to participate in dialogues at the workplace as prescribed;

b) Arranging the location, time, and other necessary material conditions to organize workplace dialogues;

c) Reporting on the implementation of dialogues and grassroots democracy regulations at the workplace to the state labor management agency when requested.

4. The organization's employee representatives at the establishment and the employee dialogue representative group are responsible for:

a) Appointing representative members to participate in dialogues as prescribed;

b) Providing opinions to the employer on the content of grassroots democracy regulations at the workplace;

c) Collecting employees' opinions, summarizing, and preparing the content of dialogue proposals;

d) Participate in dialogue with the employer as prescribed in clause 2, Article 63 of the Labor Code, this Decree, and the grassroots democracy regulations at the workplace.

5. Encourage employers and employees, as well as organizations representing employees, to engage in dialogue beyond the cases prescribed in clause 2, Article 63 of the Labor Code, in accordance with the conditions of production and business organization, labor organization at the workplace, and specific provisions in the grassroots democracy regulations at the workplace.

Article 38. Number and composition of participants in dialogue

The number and composition of participants in the dialogue under clause 2, Article 63 of the Labor Code are prescribed as follows:

1. The employer's side

Based on production and business conditions as well as labor organization, the employer decides the number and composition of representatives to participate in the dialogue, ensuring at least 3 people, including the legal representative of the employer and as stipulated in the grassroots democracy regulations at the workplace.

2. The employee side

a) Based on production and business conditions, labor organization, workforce structure and size, and gender equality factors, the employee representative organization at the establishment and the employee dialogue representative group determine the number and composition participating in the dialogue, but must ensure the following numbers:

a1) At least 3 people if the employer employs fewer than 50 employees;

a2) At least 4 to 8 people if the employer employs 50 to fewer than 150 employees;

a3) At least from 09 to 13 people, if the employer employs from 150 to under 300 employees;

a4) At least from 14 to 18 people, if the employer employs from 300 to under 500 employees;

a5) At least from 19 to 23 people, if the employer employs from 500 to under 1,000 employees;

a6) At least 24 people, if the employer employs 1,000 employees or more.

b) Based on the number of employee representatives specified in point a of this clause, the employee representative organization at the establishment and the employee dialogue representative group shall determine the number of representatives participating in the dialogue corresponding to the proportion of members of their organization and group to the total number of employees of the employer.

3. The determination of the list of representative members participating in the dialogue of the employer and the employees as stipulated in Clauses 1 and 2 of this Article shall be carried out periodically at least once every 2 years and publicly announced at the workplace. In the period between the two terms, the determination of members participating in the dialogue, if any representative member is unable to continue participating, the employer or each organization representing the employees, the employee dialogue representative group shall review and decide to add replacement members from their organization or group and publicly announce it at the workplace.

4. When conducting dialogue as prescribed in Clause 2, Article 63 of the Labor Code, in addition to the members participating in the dialogue as stipulated in Clause 3 of this Article, both parties agree to invite all employees or some relevant employees to participate in the dialogue, ensuring the participation of female worker representatives when discussing matters related to the rights and interests of female workers in accordance with Clause 2, Article 136 of the Labor Code.

Article 39. Organizing periodic dialogue at the workplace

1. The employer is responsible for coordinating with the employee representative organization at the workplace, or the employee dialogue representatives group, to organize regular dialogues as prescribed in Point a, Clause 2, Article 63 of the Labor Code and the grassroots democratic regulations at the workplace.

2. Participants in the regular dialogue are representatives of both parties as prescribed in Clause 3, Article 38 of this Decree. The time, place, and method of organizing the regular dialogue are arranged by both parties according to practical conditions and in accordance with the grassroots democracy regulations at the workplace.

3. No later than 5 working days before the start date of the regular dialogue, the parties are responsible for sending the dialogue content to the participating party.

4. Regular dialogues may only be conducted when the employer's side is represented by the legal representative or an authorized person, and the employees' side has the participation of over 70% of the total number of representatives specified in Clause 3, Article 38 of this Decree. The proceedings of the dialogue must be recorded in minutes and signed by the employer's legal representative or authorized person, and by the representatives of each employee representative organization (if any) and the representative of the employee dialogue group (if any).

5. No later than 03 working days from the end of the dialogue, the employer is responsible for publicly announcing at the workplace the main contents of the dialogue; the employees' representative organization (if any), the employees' dialogue representative group (if any) disseminates the main contents of the dialogue to the employee members.

Article 40. Organizing dialogue upon the request of one or more parties

1. The organization of dialogue upon the request of one or more parties is conducted when the dialogue request content of the requesting party ensures the following conditions:

a) For the employer side, the content of the dialogue request must be approved by the legal representative of the employer;

b) For the employee side, the content of the dialogue request must be approved by at least 30% of the employee members representing the employees participating in the dialogue as specified in clause 3, Article 38 of this Decree.

2. No later than 5 working days from the receipt of the dialogue request as stipulated in Clause 1 of this Article, the party receiving the dialogue request must respond in writing, agreeing on the time and place for organizing the dialogue. The employer and the labor side dialogue representatives are responsible for coordinating and conducting the dialogue.

3. The dialogue process must be recorded in minutes and signed by representatives of the participating parties in accordance with the provisions of Clause 4, Article 39 of this Decree.

4. No later than 03 working days from the end of the dialogue, the employer is responsible for publicly announcing at the workplace the main contents of the dialogue; the labor representative organization (if any) or the labor dialogue representative group (if any) shall disseminate the main contents of the dialogue to the employees who are members.

Article 41. Organizing dialogue in case of incidents

1. In cases where the employer must consult and exchange opinions with the labor representative organization at the workplace regarding the work performance evaluation regulations as prescribed in point a, clause 1, Article 36; dismissal of employees as prescribed in Article 42; labor utilization plans as prescribed in Article 44; salary scales, payrolls, and labor norms as prescribed in Article 93; bonus regulations as prescribed in Article 104; and labor rules as prescribed in Article 118 of the Labor Code, it shall be carried out as follows:

a) The employer is responsible for sending a document along with the content that needs to be referred to or discussed to the representative members participating in the dialogue on behalf of the employees;

b) The members representing the workers' side in the dialogue are responsible for organizing the collection of opinions from the employees they represent and compiling them into documents for each labor representative organization at the workplace, as well as for the workers' dialogue representative group, to be sent to the employer; in cases where the dialogue content concerns the rights and interests of female workers, their opinions must be ensured.

c) Based on the opinions of the labor representative organizations at the workplace and the workers' dialogue representative group, the employer organizes a dialogue to discuss, exchange views, consult, and share information regarding the content provided by the employer.

d) The number of participants, composition, time, and location of the dialogue are determined by both parties according to the grassroots democracy regulations at the workplace.

d) The dialogue proceedings must be recorded in minutes and signed by the representatives of the participating parties in accordance with the provisions of Clause 4, Article 39 of this Decree;

e) No later than 03 working days from the end of the dialogue, the employer is responsible for publicly announcing at the workplace the main contents of the dialogue; the representative organization of the employees (if any), the employee dialogue representative group (if any) disseminates the main contents of the dialogue to the employees who are members.

2. For cases of temporary suspension of work for employees as stipulated in Clause 1, Article 128 of the Labor Code, the employer and the organization representing the employees, of which the employee being temporarily suspended is a member, may communicate in writing or through direct exchange between the employer's dialogue representative and the dialogue representative of the employee representative organization.

Section 2

IMPLEMENTATION OF DEMOCRATIC REGULATIONS AT THE WORKPLACE

Article 42. Principles for implementing grassroots democracy regulations at the workplace

1. Goodwill, cooperation, honesty, equality, openness, and transparency.

2. Respect the legal rights and interests of employees, employers, and other related organizations and individuals.

3. The organization of the implementation of democratic regulations at the workplace must not violate the law or social ethics.

Article 43. Content and forms that the employer must publicize

1. Employers must publicly disclose the following contents to employees:

a) Production and business situation of the employer;

b) Labor regulations, salary scales, payrolls, labor norms, rules, regulations, and other documents of the employer related to the rights, obligations, and responsibilities of employees;

c) Collective labor agreements in which the employer participates;

d) The establishment and use of reward funds, welfare funds, and funds contributed by employees (if any);

đ) The payment of trade union fees, social insurance, health insurance, and unemployment insurance;

e) The situation of implementing emulation, rewards, discipline, and handling complaints and denunciations related to the rights, obligations, and interests of employees;

g) Other content as prescribed by law.

2. The contents specified in Clause 1 of this Article, if the law specifies a particular form of disclosure, the employer shall disclose according to that regulation. In cases where the law does not specify a particular form of disclosure, the employer shall base on the characteristics of production, business, labor organization, and the content to be disclosed to choose one of the following forms and include it in the grassroots democracy regulations at the workplace in accordance with the provisions of Article 48 of this Decree:

a) Public posting at the workplace;

b) Notification at meetings, dialogues between the employer and the representative organization of employees at the workplace, or the employee dialogue representative group;

c) Written notification to the representative organization of employees at the workplace to inform employees;

d) Notification via the internal information system;

e) Other forms not prohibited by law.

Article 44. Content and forms in which employees can participate with opinions

1. Employees are entitled to participate and give opinions on the following matters:

a) Developing, amending, and supplementing internal regulations, rules, and other documents of the employer related to the rights, obligations, and interests of employees;

b) Developing, amending, and supplementing salary scales, salary tables, labor norms; proposing content for collective bargaining;

c) Proposing and implementing solutions to save costs, improve labor productivity, improve working conditions, protect the environment, and prevent fires and explosions;

d) Other content related to the rights, obligations, and interests of employees as prescribed by law.

2. The contents specified in Clause 1 of this Article, where the law provides specific forms for employees to participate in opinions, shall be carried out according to those provisions; in cases where the law does not specify the form, employees shall base their choice on the characteristics of production, business, labor organization, the content on which employees are allowed to give opinions, and the grassroots democracy regulations at the workplace, to select one of the following forms:

a) Participate in opinions directly or through the employee representative organization at the enterprise, employee dialogue groups at employee conferences, or workplace dialogues;

b) Submit feedback or recommendations directly;

c) Other forms not prohibited by law.

Article 45. Content and forms in which employees can decide

1. Employees are entitled to decide on the following matters:

a) Sign, amend, supplement, or terminate labor contracts in accordance with the law;

b) Join or not join the employee representative organization at the enterprise;

c) Participate or not participate in a strike in accordance with the provisions of the law;

d) Vote on the contents of the collective bargaining agreement that has been reached for signing the collective labor agreement in accordance with the provisions of the law;

đ) Other contents as prescribed by law or as agreed upon by the parties.

2. The form of decision made by the employee is carried out in accordance with the provisions of the law.

Article 46. Content and forms in which employees can examine and supervise

1. Employees are entitled to inspect and supervise the following contents:

a) The implementation of the labor contract and the collective labor agreement;

b) The implementation of labor regulations, rules, and other regulatory documents of the employer related to the rights, obligations, and benefits of employees;

c) The use of reward funds, welfare funds, and funds contributed by employees;

d) The payment of union fees, social insurance, health insurance, and unemployment insurance by the employer;

d) The implementation of emulation, commendation, discipline, and resolution of complaints and denunciations related to the rights, obligations, and benefits of employees.

2. The form of inspection and supervision by employees is carried out in accordance with the provisions of the law.

Article 47. Workers' conferences

1. The employees' conference is organized annually by the employer in coordination with the employee representative organization at the workplace (if any) and the employee dialogue representative group (if any) in the form of a general conference or a representative conference.

2. The content of the labor conference is carried out in accordance with the provisions of Article 64 of the Labor Code and other contents agreed upon by both parties.

3. The form of organizing the conference, content, participants, time, location, procedures, responsibilities for organization and implementation, and the form of disseminating the results of the labor conference are carried out according to the grassroots democracy regulations at the workplace stipulated in Article 48 of this Decree.

Article 48. Responsibility to issue regulations on grassroots democracy at the workplace

1. Employers are responsible for promulgating the grassroots democracy regulations at the workplace to implement the content stipulated regarding workplace dialogue and the practice of grassroots democracy at the workplace as prescribed in this Decree.

2. When establishing, amending, or supplementing the grassroots democracy regulations at the workplace, the employer must consult the opinions of the employee representative organization at the workplace (if any) and the employee dialogue representative group (if any) to complete and issue the regulations. For any suggestions from the employee representative organization at the workplace and the employee dialogue representative group that the employer does not accept, the reasons must be clearly stated.

3. Grassroots democracy regulations at the workplace must be publicly disseminated to employees.

SALARY

Section 1

NATIONAL WAGE COUNCIL

Article 49. Functions of the National Wage Council

The National Wage Council is established by the Prime Minister in accordance with clause 2, Article 92 of the Labor Code to perform the advisory function for the Government on:

1. Minimum wage levels set by region (including the minimum monthly wage and the minimum hourly wage).

2. Wage policies applied to employees in accordance with the provisions of the Labor Code.

Article 50. Tasks of the National Wage Council

1. Research, survey, collect information, analyze and evaluate the wage situation, minimum living standards of employees, business production and operations of enterprises, labor supply and demand, employment, unemployment in the economy, and other related factors as a basis for determining the minimum wage.

2. Prepare a report on the minimum wage of employees associated with the factors determining the minimum wage prescribed in Clause 3, Article 91 of the Labor Code.

3. Review the minimum living standards of employees and their families, classify the areas for minimum wage application as a basis for determining the plan to adjust the minimum wage for each period.

4. Annually, organize negotiations to recommend to the Government the method of adjusting the minimum wage established by region (including the monthly minimum wage and the hourly minimum wage).

5. Advise and recommend to the Government on certain wage policies applicable generally to employees in various types of enterprises, agencies, organizations, and cooperatives in accordance with the provisions of the Labor Code.

Article 51. Organizational structure of the National Wage Council

1. The National Wage Council has 17 members, including: 05 members representing the Ministry of Labor - Invalids and Social Affairs; 05 members representing the Vietnam General Confederation of Labor; 05 members representing certain organizations of employers at the central level; 02 members who are independent experts (hereinafter referred to as independent members). Among them:

a) The Chairman of the National Wage Council is 01 Deputy Minister of the Ministry of Labor - Invalids and Social Affairs;

b) 03 Vice Chairmen of the National Wage Council, including: 01 Vice Chairman of the Council who is the Vice Chairman of the Vietnam General Confederation of Labor, 01 Vice Chairman of the Council who is the Vice Chairman of the Vietnam Chamber of Commerce and Industry, and 01 Vice Chairman of the Council who is the Vice Chairman of the Vietnam Cooperative Alliance;

c) The remaining members of the National Wage Council include: 04 representative members from the Ministry of Labor, Invalids and Social Affairs; 04 representative members from the Vietnam General Confederation of Labor; 03 representative members from central employers' representative organizations (including 01 member representing the Vietnam Small and Medium Enterprises Association, 02 members representing two central industry associations that employ a large number of workers); 02 independent members who are experts or scientists in the fields of labor, wages, and socio-economics (excluding experts and scientists currently working at agencies, units, research institutes, or universities under the Ministry of Labor, Invalids and Social Affairs, the Vietnam General Confederation of Labor, and central employers' representative organizations).

2. The Prime Minister appoints and dismisses the Chairman and Vice-Chairmen of the National Wage Council specified in points a and b, clause 1 of this Article, and authorizes the Minister of Labor, War Invalids and Social Affairs to appoint and dismiss the other members of the National Wage Council specified in point c, clause 1 of this Article. The Chairman, Vice-Chairmen, and members of the National Wage Council work on a concurrent basis. The term of appointment for members of the National Wage Council is no more than 5 years.

3. The National Wage Council has a Technical Department and a Standing Department to assist the Council and the Chairman of the Council in preparing technical reports related to the Council's tasks and performing the administrative work of the Council. Members of the Technical Department and the Standing Department are personnel from the agencies participating in the Council, relevant agencies, and organizations, working on a concurrent basis.

Article 52. Activities of the National Wage Council

1. The National Wage Council operates collectively through meetings chaired by the Chairman of the Council; discussions are democratic and public; decisions are based on a majority vote.

2. The National Wage Council has its own seal and is managed at the Ministry of Labor, Invalids and Social Affairs in accordance with the provisions of law.

3. The operating budget of the National Wage Council is allocated in the annual regular expenditure estimates of the state budget of the Ministry of Labor, Invalids and Social Affairs and other lawful funding sources as prescribed by law. The management, use, and settlement of the state budget are in accordance with the provisions of the law on the state budget and guiding documents.

Article 53. Responsibilities for the establishment and operation of the National Wage Council

1. The President of the Vietnam General Confederation of Labor, the President of the Vietnam Chamber of Commerce and Industry, the President of the Vietnam Cooperative Alliance, and the President of the Vietnam Association of Small and Medium Enterprises appoint representatives to participate in the National Wage Council and send the list to the Ministry of Labor, War Invalids and Social Affairs for compilation.

2. The Chairman of the Vietnam Chamber of Commerce and Industry shall preside over and coordinate the exchange of opinions with the Chairman of the Vietnam Cooperative Alliance to select and propose two central-level industry associations that employ a large number of workers to delegate representatives to participate as members of the National Wage Council, suitable for each period.

3. The Chairman of the National Wage Council shall be responsible for exchanging opinions with the Vice Chairmen of the Council, proposing and selecting independent members of the Council to report to the Minister of Labor - Invalids and Social Affairs for consideration and appointment; issuing the working regulations of the Council, the Technical Department, and the Standing Department of the Council.

4. The Minister of Labor - Invalids and Social Affairs submits to the Prime Minister a decision to establish the National Wage Council; proposes to the Prime Minister to appoint or dismiss the Chairman and Deputy Chairmen of the National Wage Council; decides on the appointment or dismissal of other members of the National Wage Council.

5. The Minister of Planning and Investment provides the results of surveys on the living standards of the population, labor and employment surveys, enterprise surveys, and other related statistical data at the request of the National Wage Council.

Section 2

FORMS OF WAGE PAYMENT AND OVERTIME WAGES,

WORK AND NIGHT WORK

Article 54. Forms of wage payment

The form of wage payment under Article 96 of the Labor Code is specified as follows:

1. Based on the nature of the work and the conditions of production and business, the employer and the employee agree in the labor contract on the form of wage payment according to time, by product, and piece-rate as follows:

a) Time-based wages are paid to employees who receive wages based on time, according to working hours per month, week, day, or hour as agreed in the labor contract, specifically:

a1) Monthly salary is paid for one month of work;

a2) Weekly salary is paid for one week of work. In case the labor contract agrees on monthly salary, the weekly salary is determined by multiplying the monthly salary by 12 months and dividing by 52 weeks;

a3) Daily wages are paid for one working day. In cases where the labor contract agrees on a monthly salary, the daily wage is determined by dividing the monthly salary by the number of normal working days in the month according to the law chosen by the enterprise. In cases where the labor contract agrees on a weekly salary, the daily wage is determined by dividing the weekly salary by the number of working days in the week as agreed in the labor contract;

a4) Hourly wages are paid for one hour of work. In cases where the labor contract agrees on a monthly, weekly, or daily salary, the hourly wage is determined by dividing the daily wage by the normal working hours in a day as stipulated in Article 105 of the Labor Code.

b) Piece-rate wages are paid to employees who are paid based on product output, depending on the level of completion of quantity and quality of products according to labor norms and assigned product unit prices.

c) Contract wages are paid to employees who receive contract-based wages, based on the volume, quality of work, and the time required to complete it.

2. Wages of employees under the wage payment forms specified in Clause 1 of this Article are paid in cash or through the employee's personal bank account. Employers must pay all fees related to opening the account and transferring wages when choosing to pay wages through the employee's personal bank account.

Article 55. Overtime pay

Overtime pay according to Clause 1, Article 98 of the Labor Code is stipulated as follows:

1. For employees who are paid by the hour, they are entitled to overtime pay when working beyond the normal working hours regulated by the employer according to Article 105 of the Labor Code, calculated according to the following formula: Overtime pay = Actual hourly wage of the current job × At least 150% or 200% or 300% × Number of overtime hours on a normal working day. In which:

a) The actual hourly wage of the current job on a regular working day, determined by the actual wage of the current job for the month, week, or day on which the employee works overtime (excluding overtime pay, additional pay for night work, wages for holidays, Tet, paid leave according to the Labor Code; bonuses as stipulated in Article 104 of the Labor Code, initiative bonuses; mid-shift meal allowances, support for fuel, phone, transportation, housing, childcare, raising young children; support in case of a family member's death, employees having relatives getting married, employee's birthday, occupational diseases, and other support or allowances not related to performing the work or position in the labor contract) divided by the total actual working hours corresponding to the month or week or day when the employee works overtime (not exceeding the normal working days in the month and normal working hours in a day or week according to the law chosen by the enterprise and not counting overtime hours);

b) At least 150% of the actual hourly wage of the current job on a regular working day, applied to overtime hours on regular days; at least 200% of the actual hourly wage of the current job on a regular working day, applied to overtime hours on weekly holidays; at least 300% of the actual hourly wage of the current job on a regular working day, applied to overtime hours on public holidays, Tet holidays, paid leave days, in addition to the wage for the public holiday, Tet holiday, or paid leave day for employees who are paid daily.

2. For employees who are paid based on piecework, they are entitled to overtime pay when working beyond normal working hours to produce additional quantities or volumes of products beyond the standard quantity or volume agreed upon with the employer, calculated according to the following formula:

Overtime pay = Unit price of the product of a normal working day x at least 150% or 200% or 300% x quantity of products made overtime

Where:

The minimum rate is 150% of the normal working day's product wage rate, applied to products made on extra work during regular days; the minimum rate is 200% of the normal working day's product wage rate, applied to products made on extra work during weekly rest days; the minimum rate is 300% of the normal working day's product wage rate, applied to products made on extra work during holidays, Tet, or paid leave days.

3. Employees who work overtime on holidays or Tet that coincide with weekly rest days are paid overtime wages for holidays or Tet. In the case of working overtime on substitute rest days when holidays or Tet coincide with weekly rest days, employees are paid overtime wages for the weekly rest days.

Article 56. Night work pay

Night work wages according to Clause 2, Article 98 of the Labor Code are calculated using the following formula:

1. For employees who are paid according to time, night work wages are calculated as follows: Hourly wage for hours actually worked = actual wage for the job during the day + job hours × Minimum normal night work rate.

working at 30% on regular day and night shifts

normal

Including: The actual hourly wage of the current job on a normal working day is determined according to point a, clause 1, Article 55 of this Decree.

2. For employees who are paid based on output, the night shift wages are calculated as follows: Wage Unit price Wage Unit price Wage for work Output Wage Output Rate Number of units

product work

= quality of + quality of x little x in the morning in the morning

workday workday

night night

day ordinary ordinary 30%

usually

Article 57. Overtime pay for night work

Workers who work overtime at night according to Clause 3, Article 98 of the Labor Code are entitled to wages calculated according to the following formula:

1. For workers who are paid by the hour, night overtime wages are calculated as follows:

Hourly wage

Money during the day

Money Salary Hourly rate of the day Worked hours Actual hours paid Minimum actual pay Overtime = extra hours of work 150% of normal rate or at night for job x or + job x minimum + 20% x on holiday x night

work at 200% work at 30% weekly or

working day or work on a day off

normal work 300% normal work on holidays, Tet, day

regular paid leave

salary

Where:

a) The actual hourly wage paid for the current job on a normal working day is determined according to point a, clause 1, Article 55 of this Decree;

b) Daytime hourly wages for a regular working day or for a weekly day off or for a holiday, salary-paid day off are determined as follows:

b1) Daytime hourly wages for a regular working day are calculated at least 100% of the actual hourly wage of the work being performed on a regular working day for cases where the employee does not work overtime during the day of that day (before working night overtime); at least 150% of the actual hourly wage of the work being performed on a regular working day for cases where the employee does work daytime overtime on that day (before working night overtime);

b2) Daytime hourly wages for a weekly day off are calculated at least 200% of the actual hourly wage of the work being performed on a regular working day;

b3) The hourly wage during the daytime on holidays, Tet, and paid days off is calculated at least at 300% of the actual hourly wage of the work being performed on a normal working day.

2. For employees who receive piece-rate wages, the overtime pay at night is calculated as follows:

Unit wage

Money Unit price Minimum Unit price Product salary Number of products Salary money Daytime wages Overtime x more

150% salary of products Working day rate during hours = base on product x or + of day x least + 20% x normal or night night product 200% working most of holiday

of the day or 30% weekly allowance or

working 300% of the usual on holidays,

Tet holiday, there are days off

usually receives a salary

In which, the unit price of product wages for daytime on a regular working day or on a weekly day off or on a holiday, Tet, or a paid day off is determined as follows:

a) The daytime piece-rate wage of a regular working day shall be calculated at least at 100% of the piece-rate wage of a regular working day for the case where the employee does not work overtime during the daytime of that day (before working overtime at night); at least 150% of the piece-rate wage of a regular working day for the case where the employee works overtime during the daytime of that day (before working overtime at night);

b) The daytime piece-rate wage of a weekly day off shall be calculated at least at 200% of the piece-rate wage of a regular working day;

c) The daytime piece-rate wage of a public holiday, Tet holiday, or paid leave day shall be calculated at least at 300% of the piece-rate wage of a regular working day.

WORKING HOURS, RESTING TIME

Article 58. Hours counted as working hours entitled to wages

1. Breaks during working hours as stipulated in Clause 2, Article 64 of this Decree.

2. Rest breaks according to the nature of the work.

3. Necessary rest during work that has been accounted for in labor norms for the natural physiological needs of humans.

4. Rest time for female employees during pregnancy or while caring for a child under 12 months old, and during menstrual periods as stipulated in Clauses 2 and 4, Article 137 of the Labor Code.

5. Time during which work must be stopped through no fault of the employee.

6. Time for meetings, studying, or training as required by the employer or approved by the employer.

7. Time for vocational training, on-the-job training, or participating in labor work as stipulated in Clause 5, Article 61 of the Labor Code.

8. The time during which a worker is a member of the management board of the employee representative organization at the workplace is used to perform duties as prescribed in Clause 2 and Clause 3 of Article 176 of the Labor Code.

9. The time for health check-ups, occupational disease examinations, and medical assessments to determine the degree of labor capacity reduction due to work accidents or occupational diseases, if such time is carried out according to arrangements or at the request of the employer.

10. The time for registration, examination, and health check-ups for military service obligations, if such time is paid at full salary in accordance with the law on military service.

Article 59. Employee consent for overtime

1. Except for cases provided for in Article 108 of the Labor Code, in other cases when working overtime, the employer must obtain the consent of the employee participating in the overtime work regarding the following contents:

a) Overtime duration;

b) Overtime location;

c) Overtime work.

2. In case the employee's consent is signed in a separate document, refer to Form No. 01/PLIV Appendix IV issued together with this Decree.

Article 60. Overtime hour limits

1. The total overtime hours shall not exceed 50% of the normal working hours in one day when working overtime on a regular working day, except in cases specified in Clauses 2 and 3 of this Article.

2. In the case of applying the regulation on normal working hours on a weekly basis, the total normal working hours and overtime hours shall not exceed 12 hours in one day.

3. In case of part-time work as prescribed in Article 32 of the Labor Code, the total normal working hours and overtime hours shall not exceed 12 hours in one day.

4. The total overtime hours shall not exceed 12 hours in one day when working overtime on holidays, Tet, and weekly rest days.

5. The time specified in Clause 1, Article 58 of this Decree shall be deducted when calculating the total number of overtime hours in a month or a year to determine compliance with the provisions in points b and c, Clause 2, Article 107 of the Labor Code.

Article 61. Cases allowed to organize overtime from more than 200 hours to 300 hours in a year

Apart from the cases specified in points a, b, c, d of Clause 3, Article 107 of the Labor Code, the following cases are allowed to work overtime from over 200 hours up to 300 hours per year:

1. Cases that require urgent work resolution, which cannot be postponed due to objective factors directly related to public service activities in state agencies and units, except for the cases specified in Article 108 of the Labor Code.

2. Provision of public services; medical examination and treatment services; education and vocational education services.

3. Work directly on production and business in enterprises implementing normal working hours not exceeding 44 hours per week.

Article 62. Notification on organizing overtime from more than 200 hours to 300 hours in a year

1. When organizing overtime from over 200 hours up to 300 hours in a year, the employer must notify the Department of Labor, Invalids and Social Affairs in the following locations:

a) The place where the employer organizes overtime from over 200 hours to 300 hours in a year;

b) The location of the head office, if the head office is located in a province or centrally-run city different from the place where the employer organizes overtime from over 200 hours to 300 hours in a year.

2. The notification must be made no later than 15 days from the date of performing overtime from over 200 hours to 300 hours in a year.

3. The notification document follows Form No. 02/PLIV in Appendix IV issued together with this Decree.

Article 63. Work shifts and organizing work according to shifts

1. A work shift is the period of time an employee works from the moment they start their task until they finish and hand over the task to another person, including both working time and break time.

2. Shift work organization is the arrangement of at least 02 people or 02 groups of people taking turns to work in the same position, calculated within 01 day (continuous 24 hours).

3. The case of working in continuous shifts to be entitled to a break during working hours as stipulated in Clause 1, Article 109 of the Labor Code is the case of organizing work in shifts as prescribed in Clause 2 of this Article when that shift meets the following conditions:

a) Employees work in the shift for 6 hours or more;

b) The transition time between two consecutive shifts does not exceed 45 minutes.

Article 64. Breaks during working hours

1. The minimum continuous break time of 45 minutes during working hours prescribed in Clause 1, Article 109 of the Labor Code applies to employees working 6 hours or more in a day, of which at least 3 hours are within the night working hours as defined in Article 106 of the Labor Code.

2. The break time is counted as working hours for the case of continuous shift work as stipulated in Clause 3, Article 63 of this Decree for at least 30 minutes, in the case of night work, it is counted for at least 45 minutes.

3. The employer decides the break time during working hours but must not schedule this break at the beginning or end of the working shift.

4. Except for the case of continuous shift work as stipulated in Clause 3, Article 63 of this Decree, it is encouraged for the parties to negotiate the break time during working hours.

Article 65. Time considered as working time for calculating the annual leave days of employees

1. Vocational training and internship time as prescribed in Article 61 of the Labor Code, if after the training or internship period the employee continues to work for the employer.

2. Probationary period if the employee continues to work for the employer after the probationary period ends.

3. Paid personal leave as stipulated in Clause 1, Article 115 of the Labor Code.

4. Unpaid leave time if agreed upon by the employer but accumulated no more than 01 month in a year.

5. Time off due to work accidents or occupational diseases, but the total should not exceed 6 months.

6. Sick leave time, but accumulated not exceeding 02 months in one year.

7. Maternity leave period according to the provisions of the law on social insurance.

8. The time spent performing tasks of the trade union organization at the workplace is counted as working hours as prescribed by law.

9. The time of work stoppage or leave not due to the fault of the employee.

10. The time off due to temporary suspension from work but later concluded as not violating regulations or not being subject to labor discipline.

Article 66. Calculation of annual leave days in certain special cases

1. The annual leave days for employees who have worked less than 12 months as prescribed in Clause 2, Article 113 of the Labor Code are calculated as follows: take the annual leave days plus any additional leave days based on seniority (if any), divide by 12 months, and multiply by the actual months worked in the year to calculate the annual leave days.

2. In case an employee has worked less than a full month, if the total number of working days and paid leave days of the employee (including public holidays, Tet holidays, annual leave, and personal leave with pay as prescribed in Articles 112, 113, 114, and 115 of the Labor Code) accounts for at least 50% of the normal working days in the month according to the agreement, that month is considered as 01 month worked for calculating annual leave days.

3. The entire time that an employee works at agencies, organizations, units belonging to the state sector and state-owned enterprises is counted as working time for calculating additional annual leave as prescribed in Article 114 of the Labor Code if the employee continues to work at agencies, organizations, units belonging to the state sector and state-owned enterprises.

Article 67. Travel expenses, wages during travel time, wages for annual leave days and other paid leave days

1. Travel allowances and wages for travel days beyond annual leave days according to Clause 6, Article 113 of the Labor Code are agreed upon by both parties.

2. Wages used as the basis for paying employees for public holidays, Tet holidays, annual leave, and personal leave with pay according to Article 112, Clauses 1 and 2 of Article 113, Article 114, Clause 1 of Article 115 of the Labor Code are the wages specified in the labor contract at the time the employee takes public holidays, Tet holidays, annual leave, and personal leave with pay.

3. The wage used as the basis for paying employees for days of annual leave not yet taken or for unused annual leave according to Clause 3, Article 113 of the Labor Code is the wage according to the labor contract of the month immediately preceding the month in which the employee resigns or loses their job.

Article 68. Some jobs with special characteristics regarding working hours and rest hours

1. Besides the special work as prescribed in Article 116 of the Labor Code, jobs that are special in terms of working hours or rest time include:

a) Jobs in disaster, fire, and epidemic prevention;

b) Jobs in the field of physical education and sports;

c) Production of medicines, vaccines, and biological products;

d) Operation, maintenance, and repair of gas distribution pipelines and gas works.

2. The Minister of Labor, Invalids and Social Affairs shall specifically regulate the working hours and rest periods for employees performing seasonal production work and contract-based processing work.

3. The ministries and sectors responsible for management shall specifically regulate working hours and rest periods for jobs with special characteristics as provided in Article 116 of the Labor Code and Clause 1 of this Article after consultation with the Ministry of Labor - War Invalids and Social Affairs.

LABOR DISCIPLINE, MATERIAL LIABILITY

Article 69. Labor regulations

The labor regulations under Article 118 of the Labor Code are stipulated as follows:

1. Employers must promulgate labor regulations. If employing 10 or more workers, the labor regulations must be in writing. If employing fewer than 10 workers, it is not mandatory to issue labor regulations in writing, but the contents regarding labor discipline and material responsibilities must be agreed upon in the labor contract.

2. The contents of labor regulations must not violate labor laws and relevant legal provisions. Labor regulations include the following main contents:

a) Working hours and rest periods: regulations on normal working hours per day, per week; work shifts; start time and end time of work shifts; overtime (if any); overtime in special cases; timing of breaks outside of regular breaks; shift changes; weekly rest days; annual leave, personal leave, unpaid leave;

b) Order in the workplace: regulations on the scope of work, movement during working hours; etiquette, attire; compliance with the assignments and redeployments of the employer;

c) Occupational safety and hygiene in the workplace: responsibility to comply with regulations, internal rules, procedures, and measures ensuring occupational safety and hygiene, fire prevention; use and maintenance of personal protective equipment, devices ensuring occupational safety and hygiene at the workplace; hygiene, detoxification, and sterilization at the workplace;

d) Prevention and combat of sexual harassment in the workplace; procedures and steps for handling acts of sexual harassment in the workplace: the employer regulates the prevention and combat of sexual harassment in accordance with the provisions of Article 85 of this Decree;

d) Protecting the assets and trade secrets, technological secrets, and intellectual property of the employer: regulation of the list of assets, documents, technological secrets, trade secrets, and intellectual property; responsibilities and measures applied to protect assets and secrets; acts of infringing on assets and secrets;

e) Cases of temporarily transferring employees to work differently from the labor contract: specific regulations on cases where, due to production and business needs, employees may be temporarily transferred to work differently from the labor contract as provided in Clause 1, Article 29 of the Labor Code;

g) Acts of violating labor discipline by employees and forms of labor discipline enforcement: specific regulations on acts of violating labor discipline; forms of labor discipline corresponding to the violation.

h) Material responsibility: stipulates cases where compensation is required for damage caused to tools, equipment, or acts that cause property damage; for loss of tools, equipment, property, or excessive consumption of materials beyond the standard; the compensation level corresponds to the degree of damage; the person authorized to handle damage compensation;

i) Person authorized to handle labor discipline: the person authorized to conclude labor contracts on behalf of the employer as stipulated in Clause 3, Article 18 of the Labor Code, or a person specifically specified in the labor regulations.

3. Before issuing labor regulations or amending and supplementing labor regulations, the employer must consult the opinion of the grassroots trade union organization where there is a grassroots trade union organization. The consultation with the grassroots trade union organization shall be carried out in accordance with the provisions of Clause 1, Article 41 of this Decree.

4. After being issued, the labor regulations must be sent to each organization representing employees at the workplace (if any) and notified to all employees, while also posting the main content in necessary places at the workplace.

Article 70. Procedures and formalities for handling labor discipline

The sequence and procedures for handling labor discipline in Clause 6, Article 122 of the Labor Code are prescribed as follows:

1. When detecting that an employee has violated labor discipline at the time the violation occurs, the employer shall prepare a record of the violation and notify the organization representing employees at the workplace of which the employee is a member, or the legal representative of an employee under 15 years old. In case the employer discovers the labor discipline violation after the act has occurred, they shall collect evidence to prove the employee's fault.

2. Within the time limit for handling labor discipline as prescribed in clauses 1 and 2 of Article 123 of the Labor Code, the employer shall conduct a labor discipline meeting as follows:

a) At least 05 working days before the date of the labor discipline meeting, the employer shall notify the content, time, and location of the labor discipline meeting, the full name of the employee under disciplinary action, and the violation to be disciplined to the participants required to attend the meeting as prescribed in points b and c, clause 1, Article 122 of the Labor Code, ensuring that these participants receive the notice before the meeting takes place;

b) Upon receiving a notice from the employer, the participants required to attend the meeting as prescribed in points b and c, Clause 1, Article 122 of the Labor Code must confirm their attendance at the meeting with the employer. In the event that one of the participants required to attend is unable to attend the meeting at the notified time and place, the employee and the employer shall agree on changing the time and place of the meeting; if the two parties cannot reach an agreement, the employer will decide the time and place of the meeting;

c) The employer conducts the labor disciplinary meeting at the time and place notified as prescribed in points a and b of this clause. In the event that one of the participants required to attend the meeting as prescribed in points b and c, Clause 1, Article 122 of the Labor Code does not confirm attendance or is absent, the employer still proceeds with the labor disciplinary meeting.

3. The content of the labor discipline handling meeting must be recorded in minutes, approved before the end of the meeting, and signed by the participants of the meeting as prescribed in point b, point c, Clause 1, Article 122 of the Labor Code. In cases where someone does not sign the minutes, the person recording the minutes shall clearly state the full name and reason for not signing (if any) in the content of the minutes.

4. Within the time limit for handling labor discipline as stipulated in Clauses 1 and 2, Article 123 of the Labor Code, the person authorized to handle labor discipline shall issue a labor discipline decision and send it to the parties required to attend as prescribed in point b, point c, Clause 1, Article 122 of the Labor Code.

Article 71. Procedures and formalities for handling compensation for damages

The procedure for handling damage compensation as stated in Clause 2, Article 130 of the Labor Code is prescribed as follows:

1. When an employer discovers that an employee has acted to damage, lose tools or equipment, or lose the employer's property or other property assigned by the employer, or has acted in a way that causes damage to the employer's property or consumes materials beyond the permissible limit, the employer shall request the employee to report the incident in writing.

2. Within the statute of limitations for handling compensation for damages specified in Article 72 of this Decree, the employer conducts a meeting to handle compensation for damages as follows:

a) At least 05 working days before holding the meeting to handle damage compensation, the employer shall notify the parties required to attend the meeting, including: the parties specified in point b, point c, clause 1, Article 122 of the Labor Code, the price appraiser (if any); ensuring that these parties receive the notice before the meeting takes place. The content of the notice must clearly state the time and place of the damage compensation handling meeting; the full name of the person to be handled for damage compensation and the violative act;

b) Upon receiving notice from the employer, the parties required to attend the meeting as specified in point a of this clause must confirm their attendance with the employer. In the case that any of the parties cannot attend the meeting at the notified time and place, the employee and the employer shall agree on rescheduling the meeting; if the two sides cannot reach an agreement, the employer shall decide the time and place of the meeting;

c) The employer shall conduct the meeting to handle compensation for damages at the time and place notified as specified in points a and b of this clause. In the event that any of the parties required to attend the meeting as specified in point a of this clause does not confirm attendance or is absent, the employer shall still conduct the meeting to handle compensation for damages in accordance with the law.

3. The content of the meeting on handling damage compensation must be made into minutes, approved before the end of the meeting, and signed by the attendees of the meeting as prescribed in point a, clause 2 of this Article. In case someone does not sign the minutes, the recorder must clearly state their full name and the reason for not signing (if any) in the contents of the minutes.

4. The decision on handling damage compensation must be issued within the time limit for handling damage compensation. The decision on handling damage compensation must clearly state the level of damage; the cause of the damage; the amount of damage compensation; the deadline and method of damage compensation, and must be sent to the participants required to attend the meeting as prescribed in point a, clause 2 of this Article.

5. Other cases of damage compensation shall be implemented according to the provisions of the Civil Code.

Article 72. Statute of limitations for handling compensation for damages

The time limit for handling damage compensation under clause 2, Article 130 of the Labor Code is prescribed as follows:

1. The statute of limitations for handling damage compensation is 06 months from the date the employee commits an act that damages, destroys, or causes the loss of tools, equipment, or the property of the employer, or other property entrusted by the employer, or other acts causing damage to the employer's property or exceeding allowed material consumption limits.

2. No damage compensation shall be handled for employees during the period specified in Clause 4, Article 122 of the Labor Code.

3. When the period specified in Clause 4, Article 122 of the Labor Code ends, if the statute of limitations has expired or there is still time remaining but less than 60 days, the statute of limitations for handling damage compensation may be extended, but not exceeding 60 days from the end date of the aforementioned period.

Article 73. Complaints about labor discipline and material liability

A person who is disciplined at work, temporarily suspended from work, or required to compensate according to the material responsibility regime, if they find it unsatisfactory, has the right to file a complaint with the employer, with the competent authority as prescribed by the Government on the resolution of complaints in the labor sector, or request the resolution of an individual labor dispute according to the procedure prescribed in Section 2, Chapter XIV of the Labor Code.

In the case where the employer decides to handle labor discipline in the form of dismissal contrary to legal regulations, in addition to obligations and responsibilities according to the Government's regulations on handling complaints in the labor sector or resolving individual labor disputes according to the procedures stipulated in Section 2, Chapter XIV of the Labor Code, the employer is obliged to comply with the provisions of Article 41 of the Labor Code.

FEMALE LABOR AND ENSURING GENDER EQUALITY

Section 1

FEMALE LABOR AND ENSURING GENDER EQUALITY

GENERAL PROVISIONS ON FEMALE LABOR AND ENSURING GENDER EQUALITY

Article 74. Employers employing many female workers

An employer who employs a large number of female workers is an employer falling into one of the following cases:

1. Employing from 10 female workers to less than 100 female workers, in which the number of female workers accounts for 50% or more of the total number of workers.

2. Employing from 100 female workers to less than 1,000 female workers, in which the number of female workers accounts for 30% or more of the total number of workers.

3. Apply to workplaces with 1,000 or more female workers.

Article 75. Places with many workers

Places with a large number of workers are identified as follows:

1. Industrial zones, industrial clusters, export processing zones, economic zones, high-tech zones (abbreviated as industrial zones) with 5,000 or more workers employed in enterprises and participating in social insurance within the industrial zone.

2. Communes, wards, towns with 3,000 or more workers registered as permanent or temporary residents in that commune, ward, or town.

Article 76. Breast milk expression and storage room

Breastfeeding and breast milk storage rooms are private spaces, not bathrooms or toilets; equipped with electricity, water, tables, chairs, refrigerators ensuring hygiene, fans or air conditioning; located conveniently for use, shielded from intrusion and view by colleagues and the public so that female workers can breastfeed or express and store milk.

Article 77. Nursery, kindergarten class

Nurseries and kindergartens are preschool educational facilities as stipulated in Article 26 of the Law on Education, including:

1. Nurseries, independent child groups accept children from 3 months old to 3 years old.

2. Kindergartens, independent preschool classes accept children from 3 years old to 6 years old.

3. Preschools, independent preschool classes are educational institutions combining nurseries and kindergartens, accepting children from 3 months old to 6 years old.

Section 2. ENSURING GENDER EQUALITY

AND SPECIFIC REGULATIONS FOR FEMALE WORKERS

Article 78. The right to equal work of employees, implementation of measures to ensure gender equality

1. Equality rights of workers:

a) Employers are responsible for implementing the equality rights of female and male workers, and for implementing measures to ensure gender equality in recruitment, employment, training, wages, rewards, promotion, remuneration, social insurance, health insurance, unemployment insurance, working conditions, labor safety, working hours, rest periods, illness, maternity, and other material and spiritual welfare regimes;

b) The State ensures the equality rights of female and male workers, implementing measures to guarantee gender equality in the areas specified in point a, clause 1 of this Article in labor relations.

2. Employers have the responsibility to consult female workers or their representatives when making decisions regarding the rights, obligations, and interests of women. Consultation with representatives of female workers is carried out according to the provisions in clause 1, Article 41 of this Decree.

3. The State encourages employers to:

a) Give priority to recruiting and employing women when they meet the conditions and standards for jobs suitable for both men and women; give priority to signing new labor contracts with female workers in cases where the labor contract has expired;

b) Implement regimes and policies for female workers that are better than those prescribed by law.

Article 79. Strengthening welfare and improving working conditions

1. Employers must ensure that there are sufficient shower rooms and toilets appropriate at the workplace in accordance with the regulations of the Ministry of Health.

2. Employers are encouraged to coordinate with employee representative organizations at the facility to:

a) Develop plans and implement solutions so that female and male workers have regular employment, apply work schedules with flexible hours, part-time work, work assignments at home, and skills upgrading training; female workers are also provided with additional preventive vocational training suitable for their bodily characteristics, physiology, and maternal functions;

b) Build cultural, sports, medical, housing, and other facilities serving employees at workplaces with a large number of workers.

Article 80. Health care for female workers

3. During periodic health check-ups, female workers are provided with gynecology and obstetrics examinations according to the list of gynecology and obstetrics examinations issued by the Ministry of Health.

2. Encourage employers to facilitate pregnant female employees to take prenatal check-up leave more than what is stipulated in Article 32 of the Social Insurance Law.

3. Leave during menstruation for female employees:

a) Female employees during menstruation are entitled to take 30 minutes off each day, counted as working hours, and still receive full salary according to their labor contract. The number of days with leave during menstruation shall be agreed upon by both parties in accordance with the actual conditions at the workplace and the needs of the female employees, but at least 3 working days per month; the specific timing of leave each month shall be notified by the employee to the employer;

b) In case female employees request more flexible leave than prescribed in point a of this clause, both parties shall agree to arrange leave in a manner suitable to the actual conditions at the workplace and the needs of the female employees;

c) In the case where a female worker does not wish to take leave and the employer agrees for the worker to continue working, in addition to the salary received according to the provisions in point a of this clause, the worker will be paid additional wages for the work performed during the period that should have been leave, and this working time is not counted as overtime for the worker.

4. Leave during the time of caring for a child under 12 months old:

a) Female workers during the period of caring for a child under 12 months old have the right to take 60 minutes of break each day during working hours to breastfeed, express, store milk, or rest. The break time will still be fully paid according to the labor contract;

b) In cases where a female worker needs more flexible breaks than those provided in point a of this clause, the worker may negotiate with the employer to arrange breaks suitable to the actual conditions in the workplace and the needs of the female worker;

c) In cases where female employees do not need to take leave and are allowed by the employer to work, in addition to the wages they are entitled to under point a of this clause, employees shall be paid additional wages for the work performed during the period they would have been on leave.

5. Employers are encouraged to install rooms for expressing and storing breast milk suitable to the actual conditions at the workplace, the needs of female employees, and the capacity of the employer. In cases where the employer employs 1,000 or more female employees, a room for expressing and storing breast milk must be installed at the workplace.

6. Employers are encouraged to create conditions for female employees who are raising children aged 12 months and older to express and store breast milk at the workplace. The time taken to express and store breast milk shall be agreed upon between the employee and the employer.

Article 81. Organizing kindergartens and preschools in places with many workers

1. The provincial People's Committee is responsible for:

a) Arrange and allocate land for the construction of nurseries and kindergartens in areas with a high number of workers in the local land use plan;

b) Build nurseries and kindergartens to ensure they meet the needs of workers;

c) Invest in infrastructure, construct part or all of the facilities, or use existing houses and infrastructure for organizations or individuals to rent in order to establish nurseries and kindergartens serving the needs of workers;

d) Direct the strict implementation of mechanisms and policies on the socialization of education, creating favorable conditions regarding land, loans, and administrative procedures for businesses, organizations, and individuals investing in the construction of nurseries and kindergartens to serve workers' needs;

đ) Fulfill the responsibility of state management of education in accordance with the law.

2. Private kindergartens and preschool classes in areas with many workers are entitled to the policies applied to independent private preschools in areas with industrial zones as stipulated in Article 5 of Decree No. 105/2020/NĐ-CP dated September 8, 2020, by the Government regulating policies for the development of preschool education.

3. Preschool children who are children of workers in areas with many workers are entitled to the same policies as preschool children who are children of workers in industrial zones as stipulated in Article 8 of Decree No. 105/2020/NĐ-CP dated September 8, 2020, by the Government regulating policies for the development of preschool education.

4. Preschool teachers working at nurseries and private or independent kindergartens in areas with many workers are entitled to the policies applicable to preschool teachers working at private or independent preschool institutions in areas with industrial zones as prescribed in Article 10 of Decree No. 105/2020/NĐ-CP dated September 8, 2020, of the Government regulating policies for the development of early childhood education.

5. Employers are encouraged to organize and establish nurseries or kindergartens, or to support part of the construction costs of nurseries and kindergartens.

Article 82. Assistance and support from employers for the costs of childcare and preschool for workers

Based on specific conditions, the employer shall develop plans and methods to assist and partially support childcare costs at nurseries and kindergartens for employees with children of nursery and kindergarten age, in cash or in kind. The employer decides the amount and duration of support after consulting and discussing with the employees through workplace dialogue as prescribed in Articles 63 and 64 of the Labor Code and Chapter V of this Decree.

Article 83. Policies supporting employers

1. Employers who invest in building nurseries, kindergartens, healthcare facilities, cultural works, and other welfare projects that meet the conditions regarding scale and standards according to regulations on policies encouraging socialization shall enjoy incentives according to the regulations on policies encouraging socialization for activities in the fields of education, vocational training, healthcare, culture, sports, and environment.

In the case of investing in the construction of housing for workers, incentives are granted according to the provisions of the Housing Law.

In the case of investing in or organizing kindergartens or preschool classes, there is an exemption or reduction in rent for facilities.

2. Employers are supported by the State as follows:

a) Employers who employ many female workers are entitled to tax reductions in accordance with the provisions of the law on taxation;

b) Additional expenses for female workers, ensuring gender equality and preventing sexual harassment in the workplace as stipulated in this Decree, are deductible expenses when determining taxable corporate income in accordance with the regulations of the Ministry of Finance.

Section 3

PREVENTION AND COMBAT OF SEXUAL HARASSMENT IN THE WORKPLACE

Article 84. Sexual harassment in the workplace

1. Sexual harassment as stipulated in Clause 9, Article 3 of the Labor Code may occur in the form of exchanges such as propositions, requests, suggestions, threats, or coercion to exchange sexual relations for any work-related benefits; or behaviors of a sexual nature not intended for exchange, but which make the work environment uncomfortable and unsafe, causing physical, mental harm, and affecting the work efficiency and life of the harassed person.

2. Sexual harassment in the workplace includes:

a) Physical acts including actions, gestures, touching, or impacting the body in a sexual manner or implying sexual intent;

b) Sexual harassment by words includes direct speech, phone calls, or electronic means containing sexual content or sexual innuendo;

c) Non-verbal sexual harassment includes body language; displaying, depicting visual materials about sex or related to sexual activities directly or via electronic means.

3. The workplace specified in Clause 9, Article 3 of the Labor Code is any location where an employee actually works according to the agreement or assignment of the employer, including locations or spaces related to work such as social activities, workshops, training sessions, official business trips, meals, phone conversations, communication activities via electronic means, transportation arranged by the employer from home to work and vice versa, accommodations provided by the employer, and other locations determined by the employer.

Article 85. Employer regulations on preventing and combating sexual harassment in the workplace

1. Regulations of the employer on the prevention and combat of sexual harassment in the labor regulations or in an annex issued together with the labor regulations, including the following basic contents:

a) Strictly prohibit sexual harassment in the workplace;

b) Detailed, specific regulations on acts of sexual harassment in the workplace appropriate to the nature and characteristics of the work and the workplace;

c) Responsibilities, deadlines, sequence, and procedures for internal handling of sexual harassment acts in the workplace, including responsibilities, deadlines, sequence, procedures for complaints, denunciations, resolution of complaints, denunciations, and related regulations;

d) Forms of labor discipline for the person committing sexual harassment or the person falsely reporting, corresponding to the nature and severity of the violation;

đ) Compensation for damages to the victim and measures to remediate the consequences.

2. The regulations of the employer regarding complaints and denunciations of sexual harassment and handling of sexual harassment acts must ensure the following principles:

a) Quickly, timely;

b) Protect the secrecy, honor, reputation, dignity, and safety of victims of sexual harassment, complainants, whistleblowers, and those being complained about or accused.

Article 86. Responsibilities and obligations for preventing and combating sexual harassment in the workplace

1. The employer has the obligation to:

a) Implement and supervise the implementation of legal provisions on prevention and combat of sexual harassment at the workplace;

b) Organize propaganda, dissemination, and legal education on regulations regarding prevention and combat of sexual harassment at the workplace for employees;

c) When complaints or denunciations about sexual harassment in the workplace arise, employers must promptly prevent and handle them, and take measures to protect the confidentiality, honor, reputation, dignity, and safety of the victims of sexual harassment, the complainants or denunciators, and the persons being complained about or denounced.

2. Employees have the obligation to:

a) Strictly comply with the regulations on preventing and combating sexual harassment in the workplace;

b) Participate in creating a work environment free from sexual harassment.

c) Prevent and report sexual harassment at the workplace.

3. Organizations representing employees at the workplace are responsible for:

a) Participating in the development, implementation, and supervision of regulations on the prevention and control of sexual harassment at the workplace;

b) Providing information, consulting, and representing employees who are victims of sexual harassment, employees who are under complaint, or accused of sexually harassing behavior;

c) Propagating, disseminating, and training on regulations regarding the prevention and control of sexual harassment at the workplace.

4. Employers and organizations representing employees at the workplace are encouraged to select content on the prevention and control of sexual harassment at the workplace for collective bargaining.

Section 4

RESPONSIBILITY FOR IMPLEMENTING POLICIES

FOR FEMALE WORKERS AND GENDER EQUALITY

Article 87. Implementing policies for female workers and ensuring gender equality

1. The Ministry of Labor, War Invalids and Social Affairs shall take the lead, in coordination with relevant agencies, in propagating and disseminating policies for female workers, ensuring gender equality, and preventing and combating sexual harassment in the workplace.

2. The Ministry of Finance shall take the lead, in coordination with relevant agencies, in guiding the implementation of the provisions in Clause 2, Article 83 of this Decree.

3. The Ministry of Education and Training shall take the lead, in coordination with relevant agencies, in guiding the implementation of the provisions in Article 81 of this Decree.

4. The Ministry of Health is responsible for:

a) Guiding the standards for bathing rooms and toilets as stipulated in Clause 1, Article 79 of this Decree;

b) Issuing the list of specialized obstetrics and gynecology examinations for female workers as stipulated in Clause 1, Article 80 of this Decree;

c) Guiding the implementation of lactation room and breast milk storage regulations as stipulated in Clause 5, Article 80 of this Decree.

5. The provincial-level People's Committee is responsible for:

a) Propagate, disseminate, inspect, and supervise the implementation of policies for female labor, ensuring gender equality and preventing and combating sexual harassment in the workplace as stipulated in this Chapter;

b) Review and identify places with many workers and organize the implementation of the provisions in Article 81 of this Decree.

6. Propose that the Vietnam Fatherland Front and its member organizations, within the scope of their duties and powers, supervise the implementation of the provisions in this Chapter.

SPECIAL PROVISIONS FOR DOMESTIC WORKERS

Article 88. Domestic workers

A domestic worker is a worker as defined in Clause 1, Article 3 of the Labor Code, who has entered into a written labor contract to perform tasks stipulated in Clause 1, Article 161 of the Labor Code.

Article 89. Some specific provisions for workers who are domestic helpers

1. Regulations on the form of labor contracts according to Article 14 and Clause 1 of Article 162; obligation to provide information when concluding a labor contract according to Article 16; content of the labor contract according to Clause 1 of Article 21; unilateral termination of the labor contract according to Clause 2 of Article 35, Clause 3 of Article 36, and Clause 2 of Article 162; obligations in case of unlawful unilateral termination of the labor contract according to Articles 40 and 41; severance allowance according to Article 46 of the Labor Code are implemented as follows:

a) When hiring employees to work, the employer must sign a labor contract with the employee. The form of the labor contract must be in writing in accordance with the provisions of Clause 1, Article 14 and Clause 1, Article 162 of the Labor Code;

b) Before signing the labor contract, the employee and the employer are obliged to provide information as prescribed in Article 16 of the Labor Code, and at the same time, the employer must clearly provide information about the scope of work to be performed, the living and eating conditions of the employee at the employer's home, and other necessary information related to ensuring occupational safety and health as requested by the employee;

c) The content of the labor contract is as prescribed in Clause 1, Article 21 of the Labor Code. Based on Form No. 01/PLV, Appendix V issued together with this Decree, the employer and the employee are responsible for specifically agreeing on the rights, obligations, and benefits of each party in the labor contract to implement it in accordance with the actual conditions, but must ensure the main contents prescribed in Clause 1, Article 21 of the Labor Code;

d) During the implementation of the labor contract, each party has the right to unilaterally terminate the labor contract without needing a reason but must give at least 15 days' notice, except in the following cases where notice is not required:

d1) The employee unilaterally terminates the labor contract for the following reasons: Not being assigned to the proper work, workplace, or not being ensured working conditions as agreed, except in cases stipulated in Article 29 of the Labor Code; not being paid in full or being paid incorrectly or late, except in cases stipulated in Clause 4, Article 97 of the Labor Code; being maltreated, beaten, or subjected to humiliating words, actions affecting health, dignity, or honor by the employer; being forced into labor; being sexually harassed at the workplace; a female worker needing to take leave due to pregnancy as stipulated in Clause 1, Article 138 of the Labor Code; reaching the retirement age according to Article 169 of the Labor Code, except in cases where the parties agree otherwise; The employer provides false information as prescribed in Clause 1, Article 16 of the Labor Code, affecting the performance of the labor contract;

d2) The employer unilaterally terminates the labor contract for the following reasons: The employee does not appear at the workplace after the period prescribed in Article 31 of the Labor Code; the employee voluntarily abandons the job without a valid reason for 5 consecutive working days or more;

d) Unilateral termination of the labor contract in violation of the law is the case of unilaterally terminating the labor contract not in accordance with the regulations specified in point d of this clause. When unilaterally terminating the labor contract in violation of the law, the employee is obliged to comply with the provisions of Article 40, and the employer is obliged to comply with the provisions of Article 41 of the Labor Code. In case the employer violates the notice period under point d of this clause, they must pay the employee an amount corresponding to the salary under the labor contract for the days not notified in advance;

e) When the labor contract is terminated in accordance with the provisions of clauses 1, 2, 3, 4, 6, and clause 7 of Article 34 of the Labor Code and point d of this clause, the employer is responsible for paying severance allowance to the employee in accordance with Article 46 of the Labor Code; both parties are responsible for fully settling all amounts related to the rights of each party.

2. Employees and employers agree on wages and bonuses and carry out the payment of wages and bonuses in accordance with the provisions in Chapter VI (except Article 93) of the Labor Code, in which the wages of employees agreed upon in the labor contract according to the provisions of Clause 1, Clause 2 of Article 90 of the Labor Code include the job-based salary, salary allowances, and other supplementary amounts if any. The job-based salary, including if applicable the cost of meals and accommodation provided by the employer, must not be lower than the regional minimum wage announced by the Government. The employer and the employee agree on the monthly cost of meals and accommodation of the employee (if any), which shall not exceed 50% of the job-based salary specified in the labor contract.

3. Working hours and rest periods are carried out in accordance with the provisions in Chapter VII of the Labor Code and Chapter VII of this Decree, in which rest time during a normal working day and weekly days off is implemented as follows:

a) On normal working days, in addition to the working hours agreed upon in the labor contract in accordance with regulations, the employer must ensure and create conditions for the employee to have at least 8 hours of rest, including 6 consecutive hours within a continuous 24-hour period;

b) Employees are entitled to weekly rest in accordance with Article 111 of the Labor Code. In case the employer cannot arrange weekly rest, it must ensure that employees have an average of at least 4 days off per month.

4. The employer is responsible for paying, at the same time as the salary payment to the employee, an amount equal to the compulsory social insurance and health insurance contributions under the responsibility of the employer according to the provisions of the law on social insurance and health insurance, so that the employee can proactively participate in social insurance and health insurance.

In the case where a worker simultaneously enters into multiple labor contracts for domestic work, the employer's responsibility to pay social insurance and health insurance is carried out according to each labor contract.

5. Occupational safety and hygiene for workers who are domestic helpers are implemented as follows:

a) The employer is responsible for instructing the use of machines, equipment, tools, and fire and explosion prevention measures in the household related to the employee's work; providing personal protective equipment to employees during work;

b) When an employee suffers a work accident or occupational disease, the employer must fulfill responsibilities towards the employee as stipulated in Articles 38 and 39 of the Law on Occupational Safety and Hygiene;

c) Employees are responsible for properly following the instructions for using machines, equipment, tools, and fire and explosion prevention measures; ensuring the environmental hygiene requirements of the household and residential area.

6. Labor discipline and material responsibilities of employees are implemented as follows:

a) Employers and employees specifically determine the acts, forms of labor discipline, and material responsibilities in accordance with the provisions of Clause 2, Article 118 and Article 129 of the Labor Code and record them in the labor contract or express them in other forms of agreement;

b) The forms of labor discipline applied to employees include reprimand, dismissal according to Clause 1, Clause 4, Article 124 of the Labor Code;

c) The form of disciplinary action of dismissal is applied by the employer in cases where: The employee engages in conduct violating the provisions in clauses 1, 2, and clause 4 of Article 125 of the Labor Code, or the employee engages in abuse, assault, or uses words or behavior that insult, or acts that affect the health, dignity, or honor of the employer or family members;

d) When discovering that an employee has violated labor discipline, the employer shall consider and apply labor discipline in the form specified in point b of this clause to the employee. In cases where the employee is from 15 years old to under 18 years old, the employer must notify the employee’s legal representative about the disciplinary action.

d) The handling of labor discipline against employees must ensure the principles, order, and procedures prescribed in point a, point c of clause 1, clause 2, clause 3, clause 4, and clause 5 of Article 122 of the Labor Code.

Article 90. Obligations of the employer and the employee

1. Fulfill the obligations as prescribed in Articles 163, 164, and 165 of the Labor Code.

2. Employers must notify the People's Committee of the commune, ward, or township (hereinafter referred to as the commune-level People's Committee) regarding the use of labor and the termination of labor use according to Form No. 02/PLV, Form No. 03/PLV in Appendix V issued together with this Decree within 10 days from the date of signing the labor contract or terminating the labor contract.

Article 91. Responsibility for managing workers who are domestic helpers

1. The provincial People's Committee directs the Department of Labor, War Invalids and Social Affairs to: Guide the District Department of Labor, War Invalids and Social Affairs in implementing propaganda, disseminating legal regulations on domestic workers; manage, inspect, check, and supervise the implementation of regulations on domestic workers in the area.

2. The People's Committee of the district, town, provincial city, or centrally-run city (hereinafter referred to as the district-level People's Committee) directs the District Department of Labor, War Invalids and Social Affairs to: Guide commune-level officials in carrying out propaganda, disseminating legal regulations on domestic workers; manage, inspect, check, and supervise the implementation of regulations on domestic workers in the area.

3. The commune-level People's Committee:

a) Organize propaganda and dissemination of legal regulations on labor for domestic workers according to the guidance of the Department of Labor, War Invalids and Social Affairs and the Division of Labor, War Invalids and Social Affairs;

b) Assign focal points to monitor, manage, inspect, and supervise the implementation of legal regulations on labor for domestic workers in the area under management;

c) Receive notifications about the employment and termination of domestic workers as prescribed in Clause 2, Article 90 of this Decree; compile and report on the situation of employing domestic workers in the area under management when requested by competent state management agencies.

LABOR DISPUTE RESOLUTION

Section 1

LABOR MEDIATOR

Article 92. Standards for labor conciliators

1. Must be a Vietnamese citizen, have full civil act capacity as prescribed by the Civil Code, and possess good health and moral qualities.

2. Have a university degree or higher and have at least 3 years of work experience in fields related to labor relations.

3. Not currently under criminal prosecution or having served a sentence but not yet having their criminal record expunged.

Article 93. Procedure and process for appointing labor conciliators

1. Plan the selection and appointment of labor mediators

a) In the first quarter of each year, the Department of Labor - Invalids and Social Affairs is responsible for reviewing the demand for the selection and appointment of labor mediators under its management authority to prepare a plan and report to the Department of Labor - Invalids and Social Affairs before March 31 each year;

b) The Department of Labor - Invalids and Social Affairs consolidates the plans of the Labor - Invalids and Social Affairs Offices and the plan of the Department of Labor - Invalids and Social Affairs to develop a provincial or centrally-run city-wide plan, and submits it to the Chairman of the Provincial People's Committee for approval.

2. The order and procedure for selecting and appointing labor mediators

a) Based on the plan for selecting and appointing labor conciliators approved by the Chairman of the Provincial People's Committee, the Department of Labor, Invalids and Social Affairs shall issue a written notice publicly announcing the selection of labor conciliators in the locality through the agency's or unit's electronic information portal and through mass media, while also sending it to the Department of Labor, Invalids and Social Affairs Office for coordination in implementation;

b) Within the registration period specified in the selection notice for labor conciliators issued by the Department of Labor, Invalids and Social Affairs, individuals may register directly or be recommended by state agencies, political organizations, socio-political organizations, and other organizations to participate in the selection of labor conciliators with the Department of Labor, Invalids and Social Affairs or the Labor, Invalids and Social Affairs Office.

The application dossier includes: an application form for a labor conciliator; a curriculum vitae certified by a competent authority; a health certificate issued by a competent medical agency as prescribed by the Ministry of Health; copies from the original documents, certified copies, or copies presented along with the originals for comparison of relevant diplomas and certificates; a letter introducing participation as a labor conciliator from related agencies or organizations (if any);

c) Within 5 working days from the expiration date for submitting applications stated in the labor conciliator selection announcement, the Department of Labor, War Invalids and Social Affairs is responsible for reviewing qualified candidates, compiling, and reporting to the Department of Labor, War Invalids and Social Affairs for assessment;

d) Within 10 working days from the date of receiving the report from the Department of Labor, War Invalids and Social Affairs, the Department of Labor, War Invalids and Social Affairs shall evaluate the recruitment dossiers (including dossiers directly received by the Department of Labor, War Invalids and Social Affairs), select and make a list of appointment positions for each labor conciliator under the management authority of the Department of Labor, War Invalids and Social Affairs and the Department of Labor, War Invalids and Social Affairs, and submit to the Chairman of the Provincial People's Committee for review and appointment;

d) Within 5 working days from the date of receiving the proposal from the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall review and decide on the appointment of labor conciliators. The term of appointment for labor conciliators shall not exceed 5 years.

3. Reappointment of labor conciliators

a) At least 03 months before the end of the appointment term, if the labor mediator wishes to continue serving as a labor mediator, they must submit a reappointment request to the Department of Labor, Invalids and Social Affairs;

b) Based on the annual plan for the selection and appointment of labor conciliators approved by the Chairman of the Provincial People's Committee; the results of reviewing the criteria and evaluating the performance of labor conciliators according to the delegated management, within 10 working days from the date of receiving the request for reappointment from the labor conciliator, the Department of Labor, War Invalids and Social Affairs shall submit a written document to the Chairman of the Provincial People's Committee;

c) Within 5 working days from the date of receiving the request from the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall consider and decide on the reappointment of cases that meet the standards and conditions.

4. The Department of Labor, War Invalids and Social Affairs, and the Labor, War Invalids and Social Affairs Office shall publicly disclose, update, and post the list of names, areas of assignment, phone numbers, and contact addresses of labor conciliators who are appointed or reappointed on the agency's or unit's electronic information portal and announce them on local mass media so that employees and employers are aware and can contact them.

Article 94. Dismissal of labor conciliators

1. A labor conciliator shall be dismissed if they fall under one of the following cases:

a) Submission of a resignation request from the position of labor conciliator;

b) Failure to meet the standards stipulated in Article 92 of this Decree;

c) Engaging in illegal acts that harm the interests of the parties or the interests of the State while performing the duties of a labor conciliator according to the provisions of the law;

d) Being assessed as not completing tasks for 2 consecutive years according to the labor conciliator management regulations;

d) Refusing mediation duties two or more times when being assigned to resolve labor disputes or disputes regarding vocational training contracts without a valid reason as prescribed in the regulations on the management of labor mediators.

2. Procedures for dismissing labor mediators

a) In the case specified in point a, clause 1 of this Article, within 5 working days from the date of receiving the application for resignation as a labor mediator from the labor mediator, the Department of Labor, Invalids and Social Affairs shall issue a written request for the Chairman of the Provincial People's Committee to consider dismissing the labor mediator;

b) In cases specified in points b, c, d, and đ, clause 1 of this Article, the Department of Labor, Invalids and Social Affairs shall, based on the report of the Division of Labor, Invalids and Social Affairs and the results of inspection, submit to the Chairman of the Provincial People's Committee for consideration of the dismissal of the labor mediator;

c) Within 10 working days from the date of receiving the proposal from the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall consider and decide on the dismissal of the labor conciliator.

Article 95. Authority, procedure, and process for appointing labor conciliators

1. The appointment of a labor conciliator to perform conciliation duties shall be carried out by the Department of Labor, War Invalids and Social Affairs or the Office of Labor, War Invalids and Social Affairs according to the hierarchical regulations on the management of labor conciliators.

2. Procedures for appointing a labor conciliator

a) Applications for resolving labor disputes, disputes regarding vocational training contracts, and requests for support in developing labor relations shall be sent to the Department of Labor, War Invalids and Social Affairs, the Office of Labor, War Invalids and Social Affairs, or a labor conciliator.

In the case where a labor conciliator directly receives an application for resolution from a dispute party, within 12 hours from the time of receiving the application, the labor conciliator must transfer it to the Department of Labor, War Invalids and Social Affairs or the Labor, War Invalids and Social Affairs Office managing the labor conciliator for classification and handling;

b) Within 5 working days from the date of receiving the request, according to the management hierarchy, the Department of Labor, War Invalids and Social Affairs or the Labor, War Invalids and Social Affairs Office is responsible for classifying and issuing a document to appoint a labor conciliator to resolve it according to regulations.

In the case of receiving a petition from a labor conciliator as prescribed in point a of this clause, within 12 hours from the receipt of the petition, according to the management hierarchy, the Department of Labor, War Invalids and Social Affairs or the Labor, War Invalids and Social Affairs Office shall issue a document appointing a labor conciliator in accordance with regulations.

3. Depending on the complexity of the case, the Department of Labor, War Invalids and Social Affairs or the Labor, War Invalids and Social Affairs Office may appoint one or several labor conciliators to participate in resolving it.

Article 96. Regime and conditions for the operation of labor conciliators

1. Labor conciliators are entitled to the following regimes:

a) For each actual day performing the duties of a labor conciliator assigned by the competent authority, one is entitled to a remuneration of 5% of the monthly regional minimum wage on average for employees working under labor contracts as stipulated by the Government from time to time (from January 1, 2021, the regional minimum wage is stipulated in Decree No. 90/2019/NĐ-CP dated November 15, 2019, of the Government).

The provincial People's Committee may consider and submit to the provincial People's Council to decide on applying a remuneration higher than the rate specified in this point according to the local budget capacity;

b) Be facilitated by the agency, unit, or organization where one is working to arrange suitable time to participate in performing the duties of a labor conciliator as prescribed;

c) Entitled to the work allowance regime stipulated for state officials, public employees, and civil servants during the period of performing the duties of a labor conciliator as prescribed;

d) Entitled to participate in training, retraining, and improving professional and vocational skills organized by the competent authority;

dd) Entitled to rewards in accordance with the Law on Emulation and Commendation for achievements in performing the duties of a labor conciliator as prescribed;

e) Entitled to enjoy other regimes as prescribed by law.

2. The agency that appoints labor conciliators as prescribed in Article 95 of this Decree is responsible for arranging workplaces, working equipment, materials, stationery, and other necessary conditions for labor conciliators to work.

3. The funding for paying the regimes and operating conditions specified in Clause 1 and Clause 2 of this Article is ensured by the state budget. The preparation of estimates, management, and settlement of funding shall be carried out in accordance with the provisions of the law on the state budget.

Article 97. Management of labor conciliators

1. Ministry of Labor, War Invalids and Social Affairs:

a) Develop and submit to the competent authority for promulgation, or promulgate within its competence, legal documents on labor conciliators;

b) Propagate, guide, inspect, supervise the implementation of labor conciliation regulations;

c) Develop content, programs, and organize training, professional development, and capacity enhancement for labor conciliators.

2. Chairman of the Provincial People's Committee:

a) Appoint, reappoint, dismiss, and manage the activities of labor conciliators in the province.

For provinces and centrally-run cities with many enterprises and workers, generating numerous labor disputes, it is possible to consider appointing some full-time labor mediators under the Department of Labor, Invalids and Social Affairs. Full-time labor mediators have the task of participating in resolving labor disputes, disputes regarding vocational training contracts, supporting the development of labor relations, and assisting the Department of Labor, Invalids and Social Affairs in managing labor mediation work in the area. The standards for selection, appointment, and responsibilities of full-time labor mediators are implemented according to the regulations on labor mediator management;

(b) Issuing regulations on the management of labor mediators, delegating the management of labor mediators under the Department of Labor, Invalids and Social Affairs and the Department of Labor, Invalids and Social Affairs Office;

c) Direct the development and implementation of regimes, policies, emulation, and commendation for labor conciliators according to regulations.

3. Department of Labor, War Invalids and Social Affairs:

a) Develop and submit to the Chairman of the Provincial People's Committee the regulations on the management of labor conciliators;

b) Advise and assist the Chairman of the Provincial People's Committee in managing labor conciliators in the area;

c) Develop and implement the annual plan for selecting and appointing labor mediators;

d) Appoint labor conciliators to perform tasks of resolving disputes and supporting the development of labor relations according to management decentralization; ensure working conditions for labor conciliators; evaluate the activities and task completion level of labor conciliators; implement the regime of allowance, emulation, and commendation for labor conciliators according to regulations; manage the files of labor conciliators, dispute resolution cases, and other related documents;

d) Preside over, and coordinate with specialized units of the Ministry of Labor - Invalids and Social Affairs to organize training and professional development for labor conciliators in the area;

e) Conduct inspection, examination, and supervision of labor conciliation work according to legal regulations;

g) Annually, summarize the labor conciliation situation and report to the Chairman of the Provincial People's Committee and the Ministry of Labor - Invalids and Social Affairs.

4. Department of Labor, War Invalids and Social Affairs:

a) Implement management of labor conciliators at the district level according to delegated authority;

b) Develop and implement plans for selecting and appointing labor conciliators annually according to delegated authority;

c) Assign labor conciliators to perform tasks of dispute resolution and support the development of labor relations according to management delegation; ensure working conditions for labor conciliators; evaluate the activities and task completion of labor conciliators; implement allowances, emulation, and rewards for labor conciliators; manage and archive records of dispute resolution cases and other related documents;

d) Assign labor conciliators to participate in professional training and refresher courses organized by the Ministry of Labor, War Invalids and Social Affairs, and the Department of Labor, War Invalids and Social Affairs;

d) Annually, compile the situation of labor mediation in the area and report to the Department of Labor, War Invalids and Social Affairs.

Section 2

LABOR ARBITRATION COUNCIL

Article 98. Standards and conditions for labor arbitrators

1. Must be a Vietnamese citizen, fully capable of civil acts according to the provisions of the Civil Code, in good health and good moral character, reputable, and impartial.

2. Must have a university degree or higher, understand the law, and have at least 5 years of working experience in a field related to labor relations.

3. Not subject to criminal prosecution or currently serving a criminal sentence, or having served the sentence but not yet expunged.

4. Nominated to become a labor arbitrator by the Department of Labor - Invalids and Social Affairs or the provincial Labor Federation or an organization representing employers in the province as prescribed in Clause 2, Article 185 of the Labor Code.

5. Not a judge, prosecutor, investigator, enforcement officer, or civil servant belonging to the People's Court, People's Procuracy, investigative agency, or enforcement agency.

Article 99. Appointment of labor arbitrators

1. Based on the number of labor arbitrators of the Labor Arbitration Council as prescribed in Clause 2, Article 185 of the Labor Code and the standards and conditions for labor arbitrators prescribed in Article 98 of this Decree, the provincial-level Labor Federation and the organizations representing employers in the province shall prepare the dossier nominating individuals to participate as labor arbitrators and submit it to the Department of Labor, Invalids, and Social Affairs.

2. Within 10 working days from the date of receiving the dossier nominating individuals to participate as labor arbitrators from the provincial-level Labor Federation and the organizations representing employers in the province, the Department of Labor, Invalids, and Social Affairs shall be responsible for compiling, appraising, and simultaneously nominating individuals to participate as labor arbitrators for general compilation, and submit it to the Chairman of the Provincial People's Committee for the appointment of labor arbitrators.

The nomination of individuals to participate as labor arbitrators by the Department of Labor, Invalids and Social Affairs must ensure compliance with the composition specified in point a, clause 2, Article 185 of the Labor Code for the appointment of the positions of Chairman and Secretary of the Labor Arbitration Council.

3. The nomination dossier includes:

a) A written proposal from the nominating agency;

b) A request to participate as a labor arbitrator from the nominated individual;

c) A curriculum vitae certified by a competent authority;

d) A health certificate issued by a competent medical authority in accordance with the Ministry of Health's regulations;

e) A copy from the original record, a certified copy, or submission of a copy with the original for comparison of relevant diplomas and certificates.

4. Within 10 working days from the date of receiving the proposal from the Department of Labor, Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall issue a decision to appoint labor arbitrators to participate in the Labor Arbitration Council.

The appointment period of labor arbitrators is according to the term of the Labor Arbitration Council. During the term of the Labor Arbitration Council, if there is a supplement or replacement for a labor arbitrator who is dismissed as prescribed in Article 100 of this Decree, the appointment period for the supplemented or replaced labor arbitrator is calculated based on the remaining time of the Labor Arbitration Council's term.

When the appointment period ends, a labor arbitrator who meets the standards and conditions stipulated in Article 98 of this Decree and is re-nominated by the agencies specified in points a, b, c, clause 2, Article 185 of the Labor Code may be considered for reappointment as a labor arbitrator according to the procedures prescribed in this Article.

Article 100. Dismissal of labor arbitrators

1. A labor arbitrator shall be dismissed in any of the following cases:

a) Submits a resignation letter to stop serving as a labor arbitrator;

b) Fails to meet the standards and conditions prescribed in Article 98 of this Decree;

c) The nominating agency has a written proposal for the dismissal or replacement of the labor arbitrator;

d) Engages in acts violating the law that harm the interests of the parties or the interests of the State while performing the duties of a labor arbitrator as prescribed by law;

d) Has 02 years of being evaluated as failing to complete tasks according to the operating regulations of the Labor Arbitration Council.

2. Procedure for dismissing a labor arbitrator

a) In the case specified in point a, clause 1 of this Article, within 02 working days from the date of receiving the request for resignation of the labor arbitrator, the Chairman of the Labor Arbitration Council shall submit a written report to the Department of Labor, Invalids and Social Affairs. Within 03 working days from the date of receiving the report from the Chairman of the Labor Arbitration Council, the Department of Labor, Invalids and Social Affairs shall consult with the nominating agency and propose that the Chairman of the Provincial People's Committee consider and decide on the dismissal of the labor arbitrator;

b) For cases stipulated in points b, c, d, and đ of clause 1 of this Article, the Department of Labor - War Invalids and Social Affairs shall base on the report of the Chairman of the Labor Arbitration Council to review, discuss with the nominating agency, and propose that the Chairman of the Provincial People's Committee consider and decide on the dismissal of labor arbitrators;

c) Within 10 working days from the date of receiving the proposal from the Department of Labor - War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall consider and decide on the dismissal of labor arbitrators.

Article 101. Establishment of the Labor Arbitration Council

1. The Chairman of the Provincial People's Committee decides to establish a Labor Arbitration Council with a term of 05 years, including labor arbitrators appointed according to the provisions of Article 99 of this Decree, among which:

a) The Chairman of the Council is the leader of the Department of Labor - War Invalids and Social Affairs appointed as a labor arbitrator, working on a concurrent basis;

b) The Secretary of the Council is a civil servant of the Department of Labor, Invalids and Social Affairs appointed as a labor arbitrator, serves as the standing member of the Council, and works under a full-time regime;

c) Other members of the Council are the remaining labor arbitrators, working under a part-time regime;

d) The labor arbitration council has its own seal.

2. The labor arbitration council is responsible for:

a) Resolving labor disputes as stipulated in Articles 189, 193, and 197 of the Labor Code;

b) Resolving collective labor disputes concerning benefits at employers' sites where strikes are not allowed, as prescribed in Section 3 of this Chapter;

c) Resolving other labor disputes in accordance with the law;

d) Supporting the development of labor relations in the province according to the operational regulations of the labor arbitration council;

d) Annually report to the Chairman of the Provincial People's Committee and notify the Department of Labor, Invalids and Social Affairs, the provincial Federation of Labor, and organizations representing employers in the province about the activities of the Labor Arbitration Council.

3. The Chairman of the Labor Arbitration Council is responsible for:

a) Issuing the operational regulations of the Labor Arbitration Council after consulting the Department of Labor, Invalids and Social Affairs, the provincial Federation of Labor, and organizations representing employers in the province;

b) Assigning specific tasks to labor arbitrators and managing the activities of the Labor Arbitration Council;

c) Deciding on the establishment of the Labor Arbitration Board; participating in and performing the tasks of the Labor Arbitration Board as prescribed in Article 102 of this Decree;

d) Annually, preside over the meeting of the Labor Arbitration Council to evaluate the performance of each labor arbitrator according to the operational regulations of the Labor Arbitration Council, and compile a report for the Chairman of the Provincial People's Committee.

4. The Secretary of the Labor Arbitration Council is responsible for:

a) Perform permanent tasks, carry out administrative, organizational, and logistical work to ensure the activities of the Labor Arbitration Council;

b) Assist the Labor Arbitration Council in planning work, organizing meetings to resolve labor disputes of the Labor Arbitration Board;

c) Receive requests for labor dispute resolution, advise, and propose to the Chairman of the Labor Arbitration Council the selection and establishment of the Labor Arbitration Board;

d) Participate in and perform the duties of the Labor Arbitration Board according to the provisions of Article 102 of this Decree;

đ) Classify and store labor dispute resolution records according to regulations;

e) Perform other tasks as assigned by the Chairman of the Labor Arbitration Council and according to the operational regulations of the Labor Arbitration Council.

5. Labor arbitrators are responsible for:

a) Participating in and performing the duties of the Labor Arbitration Board according to the provisions of Article 102 of this Decree;

b) Perform other tasks according to the operational regulations of the Labor Arbitration Council and the assignments of the Chairman of the Labor Arbitration Council. (See continuation in Official Gazette No. 1205 + 1206)

LEGAL DOCUMENT

GOVERNMENT

Decree No. 145/2020/NĐ-CP dated December 14, 2020

guides in detail and implements certain articles of

Labor Code on working conditions and labor relations

(Continuation in Official Gazette No. 1203 + 1204)

LABOR DISPUTE RESOLUTION

Section 2

LABOR ARBITRATION COUNCIL

Article 102. Establishment and operation of the Labor Arbitration Committee

1. Within 07 working days from the date of receiving a request to resolve labor disputes as prescribed in points a, b, and c, Clause 2, Article 101 of this Decree, the Labor Arbitration Council is responsible for establishing the Labor Arbitration Committee.

2. The composition of the Labor Arbitration Panel is determined in accordance with the provisions at points a, b, and c of Clause 4, Article 185 of the Labor Code. In case one party or both parties to the dispute do not select a labor arbitrator according to the provisions at point a, Clause 4, Article 185 of the Labor Code, the Chairman of the Labor Arbitration Council shall decide on the selection on behalf of the party that fails to make such selection.

In the event that the two selected labor arbitrators cannot agree on choosing another labor arbitrator to be the Chairperson of the Labor Arbitration Panel as provided at point b, Clause 4, Article 185 of the Labor Code, the Chairman of the Labor Arbitration Council shall decide on the selection of another labor arbitrator to serve as the Chairperson of the Labor Arbitration Panel.

3. When the labor arbitration committee is established or is in the process of resolving a dispute, if there is clear evidence that a labor arbitrator participates in resolving the dispute without impartiality or objectivity, which may affect the rights and interests of the disputing parties, the disputing party has the right to request the Chairman of the labor arbitration council to replace that labor arbitrator.

4. Within 30 days from the date of establishment, the labor arbitration committee is responsible for:

a) Reviewing the case file, collecting evidence according to the authority stipulated in Article 183 of the Labor Code to develop a plan for dispute resolution;

b) Organizing a meeting to resolve the labor dispute;

c) Making a decision to resolve the labor dispute in accordance with the principles prescribed in Clause 5, Article 185 of the Labor Code and sending it to the disputing parties.

Decisions of the Labor Arbitration Committee must include the following main contents: the time (day, month, year) the decision is issued; the names and addresses of the disputing parties; the contents of the proposed dispute resolution; the grounds for resolving the dispute; the specific contents of the arbitration committee's dispute resolution rulings; the signature of the Head of the Labor Arbitration Committee and the seal of the Labor Arbitration Council.

In cases where no decision is made, the Labor Arbitration Committee shall issue a written notice to the disputing parties. For cases of collective labor disputes regarding rights specified at points b and c, Clause 2, Article 179 of the Labor Code, if it is determined that there is a violation of the law, the Labor Arbitration Committee shall prepare minutes and transfer the files and documents to the competent authority for review and handling in accordance with the law.

5. The procedure for organizing a meeting to resolve labor disputes as prescribed in point b, Clause 4 of this Article is as follows:

a) At least 05 days before organizing the meeting, the Labor Arbitration Committee must issue a written notice summoning the disputing parties to the meeting, clearly stating the time and place of the meeting;

b) Upon receiving the summons, the disputing parties must respond to the Labor Arbitration Committee regarding their participation in the session. In the case that one of the parties has a valid reason and cannot attend the meeting at the specified time and place, they may request the Labor Arbitration Committee to reschedule the session to a suitable time. The Labor Arbitration Committee has the final authority to decide on the rescheduling of the meeting and notify the parties;

c) At the labor dispute resolution meeting, representatives of the disputing parties or authorized persons according to regulations must be present. In the case that one of the parties is absent, including when a request to change the meeting time is made but not approved, the Labor Arbitration Committee will still proceed with the session;

d) During the session, the labor arbitration board must clearly state the content of the resolutions requested by the parties, listen to the parties present specific information about the case, and record it in the minutes, with the signatures of each labor arbitrator and the parties participating in the session.

Article 103. Regime and conditions for the operation of labor arbitrators and the Labor Arbitration Council

1. Labor arbitrators are entitled to the following benefits:

a) For each day actually spent studying the case file, collecting evidence, and conducting the labor dispute resolution meeting as assigned, they are entitled to a remuneration of 5% of the monthly regional minimum wage on average for employees working under labor contracts as prescribed by the Government from time to time (from January 1, 2021, the regional minimum wages are stipulated in Decree No. 90/2019/NĐ-CP dated November 15, 2019, of the Government).

The provincial People's Committee may consider and submit to the provincial People's Council to decide on applying a remuneration higher than the rate specified in this point according to the local budget capacity;

b) Be facilitated by the agency, unit, or organization where they are working to arrange suitable time to participate in the Labor Arbitration Council, Labor Arbitration Board to resolve disputes;

c) Be entitled to the work expense regime prescribed for officials, public employees, and state employees during the time participating in the Labor Arbitration Board to resolve disputes;

d) Entitled to participate in training, retraining, and improving professional and vocational skills organized by the competent authority;

d) Be rewarded in accordance with the provisions of the Law on Emulation and Commendation for achievements in performing the duties of a labor arbitrator as prescribed;

e) Entitled to enjoy other regimes as prescribed by law.

2. The secretary of the labor arbitration council is entitled to a job responsibility allowance at the level of 0.5 compared to the basic salary according to Decree No. 204/2004/NĐ-CP dated December 14, 2004, of the Government on the salary regime for officials, civil servants, public employees, and armed forces. When the Government issues a new salary regime according to Resolution No. 27-NQ/TW dated May 21, 2018, of the 7th Conference of the 12th Central Executive Committee on reforming the salary policy for officials, civil servants, public employees, armed forces, and employees in enterprises, the job responsibility allowance shall be implemented according to the new regulations.

3. Conditions for the operation of labor arbitrators, the labor arbitration committee, and the labor arbitration council:

a) The Department of Labor, Invalids and Social Affairs is responsible for arranging the location, working facilities, documents, stationery, and other necessary conditions for labor arbitrators, the Labor Arbitration Board, and the Labor Arbitration Council to operate;

b) The Labor Arbitration Council is assigned a workplace at the headquarters of the Department of Labor, Invalids and Social Affairs;

c) The operating budget of the Labor Arbitration Council is ensured by the state budget and allocated annually along with the regular expenditure estimate of the Department of Labor, Invalids and Social Affairs. The preparation of the estimate, management, and finalization of the budget to ensure the operation of the Labor Arbitration Council shall be conducted in accordance with the provisions of the law on the state budget.

Article 104. State management of labor arbitrators, Labor Arbitration Council

1. Ministry of Labor, War Invalids and Social Affairs:

a) To develop and submit to the competent authority for promulgation or to promulgate under its authority legal documents on labor arbitrators and the Labor Arbitration Council;

b) Propagating, guiding, inspecting, checking, supervising the implementation of regulations on labor arbitrators and the labor arbitration council in accordance with regulations;

c) Developing programs, content, and organizing training, fostering, and improving professional capacity for labor arbitrators.

2. Chairman of the Provincial People's Committee:

a) Appointing and dismissing labor arbitrators, establishing the labor arbitration council;

b) Directing the development and implementation of regimes, policies, emulation, and commendation for labor arbitrators and the labor arbitration council in accordance with the provisions of this Decree.

3. Department of Labor, War Invalids and Social Affairs:

a) Appraising dossiers and proposing the appointment and dismissal of labor arbitrators, establishing the labor arbitration council;

b) Providing opinions for the Chairman of the labor arbitration council to issue the operational regulations of the labor arbitration council;

c) Ensure working conditions for labor arbitrators, the Labor Arbitration Committee, and the Labor Arbitration Council; carry out payment of allowances, emulation, and commendation for labor arbitrators and the Labor Arbitration Council; manage and store records of labor arbitrators, the Labor Arbitration Council, labor dispute case files of the Labor Arbitration Committee, and other related documents as prescribed;

d) Preside over and coordinate with specialized units of the Ministry of Labor, Invalids and Social Affairs to organize training and professional development for labor arbitrators in the area;

d) Conduct inspection, examination, and supervision of labor arbitration work in accordance with the law;

e) Annually, summarize the activities of labor arbitrators and the Labor Arbitration Council and report to the Chairman of the Provincial People's Committee and the Ministry of Labor, Invalids and Social Affairs.

Section 3

LIST OF PLACES WHERE STRIKES ARE NOT ALLOWED

AND THE RESOLUTION OF LABOR DISPUTES AT THE WORKPLACE

USE OF LABOR NOT ALLOWED TO STRIKE

Article 105. List of workplaces where strikes are not allowed

Issuing a list of places where labor is not allowed to strike, including enterprises and enterprise departments where striking may threaten national defense, security, public order, or human health, according to Appendix VI issued together with this Decree.

Article 106. Resolution of individual labor disputes, collective labor disputes regarding rights at workplaces where strikes are not allowed

1. Individual labor disputes are resolved in accordance with the provisions of Articles 187, 188, 189, and 190 of the Labor Code.

2. Collective labor disputes concerning rights are resolved in accordance with the provisions of Articles 191, 192, 193, and 194 of the Labor Code.

Article 107. Resolution of collective labor disputes regarding benefits at workplaces where strikes are not allowed

3. Collective labor disputes concerning interests must be resolved through the conciliation procedure of the labor conciliator before requesting the Labor Arbitration Council or the Chairman of the Provincial People's Committee.

2. Resolving collective labor disputes concerning the interests of labor mediators

a) Resolution of collective labor disputes concerning benefits by labor conciliators shall be conducted in accordance with the provisions of Clause 1 and Clause 2 of Article 196 of the Labor Code;

b) In case the conciliation is unsuccessful or the conciliation period specified in Clause 2, Article 188 of the Labor Code expires, and the labor conciliator does not carry out conciliation or one of the parties does not implement the agreement in the conciliation record, the disputing parties have the right to request the Labor Arbitration Council or the Chairman of the Provincial People's Committee to resolve the dispute.

3. Resolution of collective labor disputes concerning benefits by the Labor Arbitration Council

a) Resolution of collective labor disputes concerning benefits by the Labor Arbitration Council shall be conducted in accordance with the provisions of Clauses 1, 2, and 3 of Article 197 of the Labor Code;

b) In the case where the time limit prescribed in Clause 2, Article 197 of the Labor Code expires but the Labor Arbitration Committee is not established, or the time limit prescribed in Clause 3, Article 197 of the Labor Code expires but the Arbitration Committee does not issue a decision to settle the dispute, or one of the parties does not comply with the settlement decision of the Labor Arbitration Committee, either party has the right to request the Chairman of the Provincial People's Committee to resolve the dispute.

During the period in which the Labor Arbitration Council is resolving a collective labor dispute regarding benefits, the parties are not allowed to simultaneously request the Chairman of the Provincial People's Committee to resolve it.

4. Resolution of collective labor disputes regarding benefits by the Chairman of the Provincial People's Committee

a) Within 02 working days from the date of receiving the request to resolve a collective labor dispute regarding benefits, the Chairman of the Provincial People's Committee shall assign the Department of Labor, Invalids, and Social Affairs to coordinate with relevant agencies to propose a resolution to the dispute;

b) Within 10 working days from the date the Chairman of the Provincial People's Committee assigns the task of resolving the labor dispute, the Department of Labor, Invalids and Social Affairs is responsible for coordinating with the provincial Labor Federation and relevant agencies to investigate the case, and guide the disputing parties to negotiate the resolution of the labor dispute. In the event that the disputing parties reach an agreement, the Department of Labor, Invalids and Social Affairs shall draw up minutes signed by representatives of the disputing parties and issue a written report to the Chairman of the Provincial People's Committee to inform the results of the labor dispute resolution agreement. In the case when the 10-working-day period expires and the disputing parties have not reached an agreement, within the next 5 working days, the Department of Labor, War Invalids and Social Affairs, in coordination with the provincial Federation of Labor and relevant agencies, shall propose a labor dispute resolution plan and report to the Chairman of the Provincial People's Committee for consideration and decision;

c) Within 05 working days from the date of receiving the labor dispute resolution plan proposed by the Department of Labor, Invalids, and Social Affairs, the Chairman of the Provincial People's Committee shall preside over a meeting inviting the disputing parties, representatives of the provincial Labor Federation, and relevant agencies and organizations to give opinions on the resolution plan and make a decision to resolve the labor dispute.

The decision to resolve the labor dispute of the Chairman of the Provincial People's Committee is the final decision that the disputing parties must comply with.

Article 108. Resolution of disputes related to collective bargaining rights at workplaces where strikes are not allowed

Disputes among parties related to collective bargaining rights at workplaces where strikes are not allowed shall be carried out according to the Government's regulations on resolving disputes among parties related to collective bargaining rights under the provisions of Clause 4, Article 68 of the Labor Code.

Section 4

SUSPENSION, STRIKE CESSATION, AND RESOLUTION OF RIGHTS

POSTPONEMENT, SUSPENSION OF STRIKES, AND RESOLUTION OF WORKERS' RIGHTS

Article 109. Cases of postponing or stopping strikes

1. Postponement of a strike is when the Chairman of the Provincial People's Committee issues a decision to delay the start date of a strike previously set in the strike decision of the grassroots trade union organization that has the right to organize and lead the strike.

2. Suspension of a strike is when the Chairman of the Provincial People's Committee issues a decision to temporarily halt an ongoing strike until there is no longer a risk of causing serious damage to the national economy, public interest, threatening national defense, security, public order, or human health.

3. Cases of postponing a strike:

a) Strikes planned to be held at units providing electricity, water, public transportation, and other services directly serving the organization of rallies commemorating holidays and Tet as specified in Clause 1, Article 112 of the Labor Code;

b) Strikes planned to be held in areas where activities are taking place to prevent and overcome the consequences of natural disasters, fires, dangerous epidemics, or emergency situations as prescribed by law.

4. Cases of stopping a strike:

a) Strikes occurring in areas where natural disasters, fires, dangerous epidemics, or emergency situations are present as prescribed by law;

b) Strikes continuing until the third day at units providing electricity, water, and public sanitation, affecting the environment, living conditions, and health of the citizens in a provincial city.

c) The strike involves violent actions, causing disturbances that affect the property and lives of investors, cause serious damage to the national economy, public interests, threaten national defense, security, public order, and human health.

Article 110. Procedures for implementing strike postponement

1. Within 24 hours from the time of receiving the strike decision from the labor representative organization at the establishment that has the right to organize and lead the strike, the Director of the Department of Labor, War Invalids and Social Affairs must review it, and if the strike falls under the cases prescribed in Clause 3, Article 109 of this Decree, they must issue a written report to the Chairman of the Provincial People's Committee to decide to postpone the strike.

The text requesting the postponement of a strike submitted to the Chairman of the Provincial People's Committee must include the following basic contents: the name of the employer where the strike is expected to take place, the name of the labor representative organization organizing and leading the strike; the location where the strike is expected to take place; the expected starting time of the strike; the demands of the labor representative organization; the reasons for the necessity to postpone the strike; the proposal to postpone the strike, the duration of the strike postponement, and the measures to implement the decision to postpone the strike of the Chairman of the Provincial People's Committee.

2. Within 24 hours from receiving the report of the Director of the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall review and make a decision to postpone the strike. Within 12 hours from the date of the decision, the Chairman of the Provincial People's Committee must notify the Chairman of the District People's Committee, the Chairman of the Provincial Labor Federation, the Chairman of the Labor Arbitration Council, the organization representing employees at the grassroots level with the right to organize and lead the strike, and the employer at the location where the strike is expected to take place. The strike postponement decision of the Chairman of the Provincial People's Committee takes effect from the date of signing.

3. Based on the decision of the Chairman of the Provincial People’s Committee, the representative organization of employees at the workplace has the right to organize and lead a strike, and employees, employers, and related individuals and organizations must immediately implement the suspension of the strike as prescribed.

Article 111. Procedures for implementing strike cessation

1. When it is considered that the strike falls under the cases specified in Clause 4, Article 109 of this Decree, the Department of Labor, Invalids and Social Affairs must immediately report to the Chairman of the District People’s Committee on the cessation of the strike.

Within 12 hours from the receipt of the report from the Department of Labor - Invalids and Social Affairs, the Chairman of the District People's Committee shall consider recommending that the Chairman of the Provincial People's Committee decide to stop the strike, and at the same time, send it to the Director of the Department of Labor - Invalids and Social Affairs. The proposal to stop the strike submitted to the Chairman of the Provincial People's Committee includes the following basic contents: the name of the employer where the strike is taking place; the name of the organization representing the employees organizing and leading the strike; the location of the strike; the starting time of the strike; the scope of the strike; the number of workers participating in the strike; the demands of the employee representative organization; the reason for stopping the strike; recommendations on stopping the strike; and measures to implement the decision to stop the strike of the Chairman of the Provincial People's Committee.

2. Within 12 hours from receiving the report from the Chairman of the District People's Committee, the Director of the Department of Labor, War Invalids and Social Affairs must provide feedback for the Chairman of the Provincial People's Committee to consider deciding to stop the strike.

3. Within 12 hours from receiving the feedback of the Director of the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall consider and make a decision to stop the strike. Within 12 hours from issuing the decision, the Chairman of the Provincial People's Committee must notify the Chairman of the District People's Committee, the Chairman of the Provincial Labor Federation, the Chairman of the Labor Arbitration Council, the organization representing the employees at the workplace entitled to organize and lead the strike, and the employer at the workplace where the strike is taking place. The decision to stop the strike by the Chairman of the Provincial People's Committee takes effect from the date of signing.

4. Within 12 hours from the time the Chairman of the Provincial People's Committee issues a decision to stop the strike, the labor representative organization at the grassroots level has the right to organize and lead the strike, and employees, employers, and related individuals and organizations must immediately comply with the strike stoppage as prescribed.

5. Within 24 hours from the time of receiving the decision to stop the strike from the Chairman of the Provincial People's Committee, the Chairman of the District People's Committee must report to the Chairman of the Provincial People's Committee on the results of implementing the strike stoppage.

Article 112. Resolution of workers' benefits when strikes are postponed or stopped

1. During the period of implementing the decision to postpone or suspend the strike at the request of the Chairman of the Provincial People's Committee, the Department of Labor, War Invalids and Social Affairs, the Labor, War Invalids and Social Affairs Office, in coordination with the provincial and district Labor Federations, and the organization representing employees at the grassroots level, have the right to organize and lead the strike, while the employer at the place where the strike is postponed or suspended and relevant agencies assist the parties in negotiation and mediation to resolve employees' rights and other related disputes.

2. When the suspension period ends, if the strike is halted according to the decision of the Chairman of the Provincial People's Committee and the two parties cannot negotiate to resolve the workers' rights and other related disputes, the grassroots labor representative organization has the right to organize and lead the strike and may continue to strike, but must notify the employer, the District People's Committee, and the Department of Labor, War Invalids, and Social Affairs in writing at least 5 working days before the start of continuing the strike.

Article 113. Rights and responsibilities of workers when strikes are stopped

1. After the Chairman of the Provincial People's Committee decides on stopping the strike, workers must return to work and will be paid.

2. After the Chairman of the Provincial People's Committee decides to end the strike and the workers do not return to work, they shall not be paid, except in cases where both parties have other agreements. Depending on the severity of the violation, workers shall be disciplined according to the provisions of the labor regulations and legal regulations.

IMPLEMENTATION PROVISIONS

Article 114. Effectiveness

1. This Decree takes effect from February 1, 2021.

2. From the date this Decree takes effect, the following Decrees shall no longer be effective:

a) Decree No. 03/2014/NĐ-CP dated January 16, 2014, of the Government, detailing the implementation of certain articles of the Labor Code regarding employment;

b) Decree No. 44/2013/NĐ-CP dated May 9, 2013 of the Government detailing the implementation of certain articles of the Labor Code on labor contracts; Decree No. 05/2015/NĐ-CP dated January 12, 2015 of the Government detailing and guiding the implementation of certain contents of the Labor Code; Decree No. 148/2018/NĐ-CP dated October 24, 2018 of the Government amending and supplementing certain articles of Decree No. 05/2015/NĐ-CP dated January 12, 2015 of the Government detailing and guiding the implementation of certain contents of the Labor Code;

c) Decree No. 29/2019/NĐ-CP dated March 20, 2019, of the Government stipulates the detailed implementation of Clause 3, Article 54 of the Labor Code regarding licensing for labor leasing activities, the deposit and the list of jobs eligible for labor leasing;

d) Government Decree No. 149/2018/NĐ-CP dated November 7, 2018, detailing Clause 3, Article 63 of the Labor Code on the implementation of grassroots democracy regulations at workplaces;

d) Government Decree No. 49/2013/NĐ-CP dated May 14, 2013, detailing the implementation of certain articles of the Labor Code regarding wages; Government Decree No. 121/2018/NĐ-CP dated September 13, 2018, amending and supplementing certain provisions of Government Decree No. 49/2013/NĐ-CP dated May 14, 2013, detailing the implementation of certain articles of the Labor Code regarding wages;

e) Government Decree No. 45/2013/NĐ-CP dated May 10, 2013, detailing certain articles of the Labor Code on working hours, rest periods, and occupational safety and hygiene.

g) Decree No. 85/2015/NĐ-CP dated October 1, 2015 of the Government detailing the provisions of some articles of the Labor Code regarding policies for female workers;

h) Decree No. 27/2014/NĐ-CP dated April 7, 2014 of the Government detailing the implementation of some articles of the Labor Code regarding domestic workers;

i) Decree No. 46/2013/NĐ-CP dated May 10, 2013 of the Government detailing the implementation of some articles of the Labor Code regarding labor disputes;

k) Decree No. 41/2013/NĐ-CP dated May 8, 2013, of the Government stipulating the detailed implementation of Article 220 of the Labor Code regarding the list of employers not allowed to strike and the resolution of demands of labor collectives at employers not allowed to strike.

3. Labor leasing enterprises that were granted a license to operate labor leasing before the effective date of this Decree shall continue to conduct labor leasing activities until the license expires. Cases of extension, reissuance, or revocation of the license shall be implemented in accordance with the provisions of Articles 26, 27, and 28 of this Decree.

4. Employers employing fewer than 10 employees are not required to organize workers' meetings and issue grassroots democracy regulations at the workplace as prescribed in Articles 47 and 48 of this Decree. An employer is a state administrative agency or a public non-business unit that hires and employs labor under a labor contract as stipulated in Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government on the implementation of contract regimes for certain types of work in state administrative agencies and non-business units, Decree No. 161/2018/NĐ-CP dated November 29, 2018 of the Government amending and supplementing certain provisions on the recruitment of civil servants and public employees, promotion of civil servant grades, upgrading of public employee ranks, and implementation of contract regimes for certain types of work in state administrative agencies and public non-business units, which fall under the subjects of application of Decree No. 04/2015/NĐ-CP dated January 9, 2015 of the Government on the implementation of democracy in the activities of state administrative agencies and public non-business units, are not required to organize dialogues and implement grassroots democracy regulations at the workplace. in Chapter V of this Decree.

5. Working hours and rest periods for officials, public employees, civil servants, and members of the People's Army and the People's Police shall be regulated by other legal documents; in cases where other legal documents do not provide regulations, the provisions of Chapter VII of this Decree shall apply.

6. Labor conciliators appointed before the effective date of this Decree who are currently serving in their appointment shall continue to serve as labor conciliators until the end of their appointed term, except for cases subject to dismissal as prescribed in points a, c, d, and đ of clause 1, Article 94 of this Decree.

7. In case the legal documents cited in this Decree are amended, supplemented, or replaced, the newly issued documents shall apply.

Article 115. Responsibility for implementation

Ministers, heads of ministerial-level agencies, heads of agencies under the Government, chairpersons of provincial and centrally-run city People's Committees, and relevant agencies, enterprises, organizations, and individuals are responsible for implementing this Decree./. ON BEHALF OF THE GOVERNMENT

PRIME MINISTER Nguyen Xuan Phuc

Appendix I (Attached to Government Decree No. 145/2020/NĐ-CP dated December 14, 2020)

Form No. 01/PLI Report on the situation of labor usage (by the employer)

independent)

Form No. 02/PLI Report on labor usage situation (issued by the Department of Labor -

War Invalids and Social Affairs

Appendix II

LIST OF COMPLETED TASKS

LABOR LEASING

(Attached to Decree No. 145/2020/NĐ-CP

December 14, 2020, of the Government) No. Job 1 Interpreter/Translator/Stenographer 2 Secretary/Administrative Assistant 3 Receptionist 4 Tour Guide 5 Sales Support 6 Project Support 7 Production System Programming 8 Manufacturing, Installing Television and Telecommunications Equipment 9 Operation/Inspection/Repair of Construction Machinery, Production Electrical Systems 10 Building and Factory Cleaning 11 Document Editing 12 Security Guard 13 Telemarketing/Customer Care 14 Handling Financial and Tax Issues 15 Car Repair/Operation Inspection 16 Scanning, Industrial Technical Drawing/Interior Decoration 17 Driver 18 Management, Operation, Maintenance, and Service on Ships 19 Management, Supervision, Operation, Repair, Maintenance, and Service on Rigs

petroleum drilling 20 Aircraft pilots, service on aircraft / Maintenance, repair of aircraft and equipment

airplane/Flight operations, flight management/Flight monitoring

Appendix III (Attached to Decree No. 145/2020/NĐ-CP dated December 14, 2020, of the Government)

Form No. 01/PLIII Certificate of deposit for labor leasing activities Form No. 02/PLIII Document for withdrawing the deposit Form No. 03/PLIII Decision to deduct deposit for business in leasing activities

labor leasing again

Form No. 04/PLIII License for labor leasing Form No. 05/PLIII Application for issuance (extension, reissuance) of an activity license for

re-hire labor

Form No. 06/PLIII Application for the revocation of labor leasing operation license Form No. 07/PLIII Personal history Form No. 08/PLIII Decision on the revocation of labor leasing operation license Form No. 09/PLIII Report on the situation of labor leasing activities Form No. 10/PLIII Summary report on the situation of labor leasing activities Form No. 11/PLIII Report on the situation of receiving business operation deposit money

labor outsourcing

Form No. 12/PLIII List of province and centrally-run city codes BANK NAME Form No. 01/PLIII

No:............ SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

..........., day..... month..... year.....

CERTIFICATE OF OPERATIONAL DEPOSIT FOR LABOR LEASING

Pursuant to Decree No...../...../ND-CP dated.... month.... year.... of the Government..... (state the name of the Government decree detailing and guiding the implementation regarding labor leasing under Clause 2, Article 54 of the Labor Code).

Bank:..............................................................................................................

Address:...........................................................................................................

Contact phone:.................................................................................................

CERTIFICATE

Business name:................................................................................................ Head office address:......................................................................................... Business registration number:.............................................................................. Account holder:............................................ (1).................................................... Title of account holder:............................... (2)......................................... Deposited security deposit for labor leasing activities as follows: Deposit amount:.................................................................................................. Amount in words:............................................................................................ Deposit account number:............................................................................................. At bank:...................................................................................................... Deposit date:......................................................................................................... Deposit contract number:.............................................. date...................................... Interest rate entitled:.............................................................................................

BANK REPRESENTATIVE (Signature, seal)

Full name

Notes:

(1) The account holder is the legal representative of the enterprise according to the business registration certificate.

(2) The title of the legal representative of the enterprise according to the business registration certificate. PEOPLE'S COMMITTEE... (1) Form No. 02/PLIII

SOCIALIST REPUBLIC OF VIETNAM

No:.../UBND-...(2) Re: Notification of consent regarding Independence - Freedom - Happiness for withdrawing operational deposit ..........., day..... month..... year.....

labor outsourcing

To:............ (3).................. ............. (4)...................

Pursuant to Decree No..../...../ND-CP dated... month... year..... of the Government... (state the name of the Government's Decree detailing and guiding the implementation regarding labor leasing under Clause 2, Article 54 of the Labor Code);

According to the proposal of...(3)... to request the withdrawal of the labor leasing operation deposit and the attached documents,...(1)... has the following opinions:

1. Agree with the proposal to withdraw the labor leasing operation deposit of...(3)..........., business address........., business code:.......; license number (if any):......... to carry out.........(5).........

2. ...(3)..., Bank...(4), Department of Labor - Invalids and Social Affairs of the province/city...... are responsible for complying with the regulations on the deposit of labor leasing enterprises./. Recipients: CHAIRMAN (6) -.............; (Signature, seal) -..............

Full name

Notes:

(1) Provincial People's Committee.

(2) Abbreviation of the unit drafting the official letter.

(3) Name of the leasing enterprise requesting to withdraw the security deposit.

(4) Name of the bank receiving the security deposit.

(5) State the reason for withdrawing the security deposit according to the provisions in Clause 1, Article 18 of this Decree.

(6) In cases where the deputy is authorized to sign on behalf, the abbreviation “KT.” is written before the Chairman, with Deputy Chairman written below. PEOPLE'S COMMITTEE... (1) Form No. 03/PLIII

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

Number: ....../QĐ-UBND ..........., date ..... month ..... year .....

DECISION

Regarding the withdrawal of funds for labor leasing activities

CHAIRMAN OF THE PEOPLE'S COMMITTEE...(1)...

Pursuant to the Labor Code dated November 20, 2019;

Based on Decree No..../...../ND-CP dated... month... year..... of the Government.... (state the name of the Government Decree detailing and guiding the implementation regarding the labor lease content according to Clause 2, Article 54 of the Labor Code);

According to the proposal of the Director of the Department of Labor, War Invalids and Social Affairs of the province/city.....

DECIDES:

Article 1. Deduct money from the escrow account for labor lease activities of...(2).., business code...(3).., head office address...(4)... to make payments of benefits and rights of employees according to the list attached to this Decision.

1. Escrow account number................(5)............... at.........................(6)..................................

2. Amount deducted:...........................(7)..................................................................................

(In words: ..................................(8)................................................................................)

3. Bank ..................(6)..................... carries out the deduction of deposit money and pays the benefits for leased employees.

4. ...................(2)........................... is responsible for additionally depositing the deposit money within 30 days from the date the money is withdrawn from the deposit account.

Article 2. The Director of the Department of Labor, War Invalids and Social Affairs of the province or city ..., ..(9)... Bank ...(6)..., Director ...(2)......... are responsible for implementing this Decision.

Article 3. This decision takes effect from the day... month..... year...../. Recipients: CHAIRMAN (10) -.............; (Signature, seal) -.............; Full name Note: (1) The provincial-level People's Committee authorized to deduct the deposit. (2) Name of the enterprise from which the deposit is deducted for labor leasing activities. (3) Enterprise code according to the enterprise registration certificate. (4) Address of the head office of the enterprise from which the deposit is deducted. (5) Deposit account number for labor leasing activities. (6) Name of the bank receiving the labor leasing deposit. (7) Amount deducted from the deposit account. (8) Amount deducted from the deposit account in words. (9) Title of the legal representative of the bank receiving the deposit. (10) In case the vice-chairman is authorized to sign instead, write the abbreviation “KT.” before Chairman, below write Vice-Chairman. PEOPLE'S COMMITTEE... (1) Form No. 04/PLIII

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

LICENSE

LABOR LEASING ACTIVITIES License number:...(2)../...(3).../.. (4)... First issued on: day... month... year...(5)

Amendment number:....., date.... month... year... (.........(6)........)

_________________

1. Company name

Company name in Vietnamese:...(7)....................................................................

Company name in foreign language (if any):..............(8)...............................

2. Business registration number:......................(9)..........................................................................

3. Head office address:....................................................................................................

Telephone:............................. Fax:................................ Email:......................................

4. Legal representative of the company

Full name:............................ Gender:......................... Date of birth:.....................................

Title:......................................................(10)............................................................

Personal identification number:...........................................................................................

Date of issue:................................................. Place of issue:........................................................

5. Validity period of the license

This license is valid from the date... month... year... and is valid for.... months (11)./. Recipients: CHAIRMAN (12) -.............; (Signature, seal) -.............; Full name

Notes:

(1) Name of the province or centrally governed city issuing the license.

(2) License serial number.

(3) Year of issuance.

(4) Code of the province or centrally governed city according to Form No. 12/PLIII Appendix III issued together with this Decree.

(5) Date, month, year of the first issuance of the license. In case the license has been issued according to the form issued together with Decree No. 55/2013/NĐ-CP dated May 22, 2013, or Decree No. 29/2019/NĐ-CP dated March 20, 2019 of the Government, write the date of issuance of the license that has been issued.

(6) Note: extension or reissuance in one of the cases specified in Clause 1, Article 26 or Clause 1, Article 27 of this Decree. For example: extending the license or reissuing the license due to a change of the head office address.

(7) Enterprise name in Vietnamese as stated in the enterprise registration certificate.

(8) Enterprise name in a foreign language as stated in the enterprise registration certificate.

(9) Enterprise code as stated in the enterprise registration certificate.

(10) The title of the legal representative of the enterprise as stated in the enterprise registration certificate.

(11) In case of reissuing a labor leasing license and the reissuance period has an odd number of days that do not complete a full month, specify the number of months and days clearly.

(12) In cases where the deputy is authorized to sign on behalf, the abbreviation “KT.” is written before the Chairman, with Deputy Chairman written below. COMPANY NAME (1) Form No. 05/PLIII

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

........, day..... month...... year.......

APPLICATION FORM ...(2)... license for labor leasing operation

To: ...(3) ..................

1. Enterprise name in Vietnamese: .......................................(1)............................

2. Enterprise code: .................................................(4)..............................................

3. Head office address:....................................................................................................

Phone: ................................; Fax: ........................; E-mail: .......................................

4. Legal representative of the company

Full name: ................................... Gender: ........................ Date of birth: ...............................

Position (5): ...................................................................................................................

Personal identification number:...........................................................................................

Date of issue: .................................................... Place of issue: .....................................................

5. License number for labor lease operation....(6)..... issue date............(7)............

Requesting........(3)........ the license for labor lease operation for.........(1)............

.......(8)..............................................................................................................................

The enterprise commits to fully fulfill responsibilities and obligations in accordance with labor law regulations.

The attached documents include:...................................................................................................... Recipients: REPRESENTATIVE OF THE ENTERPRISE (9) -.............; (Signature, stamp) -.............; Full name

Notes:

(1) Name of the enterprise requesting to be granted, re-granted, or renewed the license.

(2) Note: grant, renew, or re-grant according to the enterprise's proposal.

(3) Chairman of the Provincial People's Committee where the enterprise's head office is located.

(4) Enterprise code according to the business registration certificate.

(5) The title of the legal representative of the enterprise as stated in the business registration certificate.

(6) The license number for labor subcontracting already granted (if any); for enterprises that have been granted a license according to the form prescribed in Decree No. 55/2013/NĐ-CP dated May 22, 2013, or Decree No. 29/2019/NĐ-CP dated March 20, 2019, of the Government, specify both the numeric and written parts of the license (for example: 11/LĐTBXH-GP or 01/2019/SAG).

(7) The date of issuance of the license already granted (if any).

(8) State the reason prescribed in Clause 1, Article 27 of this Decree if it is a case of reissuing the license.

(9) The title of the legal representative of the enterprise according to the enterprise registration certificate. ENTERPRISE NAME (1) Form No. 06/PLIII

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

........, day..... month...... year....... PETITION Request for revocation of labor leasing operation license

To: .....(2).............

1. Name of the enterprise in Vietnamese: ...............................(1)..........................

2. Head office address:..................................................................................

Telephone:...................; Fax:.........................; Email:..........................................

3. Business registration number:................................(3)....................................................

4. Legal representative of the company

Full name:......................... Gender:.................... Date of birth:...................................

Title:...............................................(4)..........................................................

5. Labor lease operation license number:...........................................

Date of issue:....................................... Validity period:.......................................................

Proposal .........................(2).................. to revoke the license for labor leasing activities for .....................................(1)...................................................................

Reason for revocation:......................................................................................................

The enterprise commits to fully fulfill responsibilities and obligations in accordance with labor law regulations.

Attached documents include:

...............................................................................................................................

............................................................................................................................... Recipient: REPRESENTATIVE OF THE ENTERPRISE (4) -.............; (Signature, seal) -.............. Full name

Notes:

(1) Name of the enterprise according to the enterprise registration certificate.

(2) Chairman of the Provincial People's Committee where the enterprise has its headquarters.

(3) Enterprise code according to the enterprise registration certificate.

(4) Title of the legal representative of the enterprise as stated in the enterprise registration certificate.

Form No. 07/PLIII

AUTOBIOGRAPHICAL RECORD Portrait 4 x 6

I. PERSONAL PROFILE

1. Full name:................................................................. Gender:.............................

2. Type of personal identification document:.....................................................................

Personal identification document number..................................................................................

Date of issue.................................................. Place of issue................................................

3. Date of birth:.......................................................................................

4. Marital status:.........................................................................................

5. Original nationality:...................................................................................................

6. Current nationality:.............................................................................................

7. Educational qualification/professional qualification:............................................................

8. Last or current workplace:...............................................................

II. TRAINING PROCESS

..............................................................................................................................

..............................................................................................................................

III. PERSONAL WORK EXPERIENCE

9. Working abroad:

..............................................................................................................................

..............................................................................................................................

10. Working in Vietnam

.............................................................................................................................

.............................................................................................................................

IV. JUDICIAL BACKGROUND

11. Violations of Vietnamese law (Time of violation, level of violation, form of handling)

..............................................................................................................................

..............................................................................................................................

12. Violations of foreign law (Time of violation, level of violation, form of handling)

..............................................................................................................................

..............................................................................................................................

..............................................................................................................................

I hereby certify that the above declaration is true; if it is false, I will take responsibility.

.........., day..... month..... year........

(Signature of declarant, full name) PEOPLE'S COMMITTEE...(1) Form No. 08/PLIII

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

No.:.../QD-UBND ..........., day..... month..... year.....

DECISION

Regarding the revocation of the labor leasing operation license

CHAIRMAN OF THE PEOPLE'S COMMITTEE...(1)...

Pursuant to the Labor Code dated November 20, 2019;

Pursuant to Decree No.........../.........../ND-CP dated.... month.... year..... of the Government... (specify according to the name of the Government's decree detailing and guiding the implementation regarding labor leasing under Clause 2, Article 54 of the Labor Code);

At the proposal of...(2)......(3)... at...(4)... regarding the request for revocation of the labor leasing operation license;

At the proposal of....(5)....

DECIDES:

Article 1. Revoke the labor leasing business license with license number............ initially issued on....... day....... month...... year........, amended for the.......... time, on..... day....... month......... year......... issued to........(3)......, with headquarters at........................., business registration number................. Reason for revocation:.................................................................................................................. Article 2. (3) shall perform the responsibilities according to the provisions of Decree No...../2020/ND-CP

... ...

day.... month.... year.... of the Government.

Article 3. Responsibility for implementation...(6).. Article 4. This decision takes effect from the day... month..... year...../. Recipients: CHAIRMAN (7) - .............; (Signature, seal) - .............; Full name

Notes:

(1) The provincial-level People's Committee has the authority to withdraw the license.

(2) Title of the legal representative of the labor leasing enterprise.

(3) Name of the enterprise requesting the revocation of the labor leasing operation license.

(4) Number, date, month, and year of issuance of the document requesting the revocation of the enterprise's labor leasing operation license.

(5) Agency performing professional duties in the field of labor leasing as assigned by the Provincial People's Committee.

(6) Specifically state the agencies, organizations, enterprises, and individuals responsible for implementing the Decision.

(7) In cases where the deputy is authorized to sign on behalf, write the abbreviation “KT.” before the Chairman, and below write Deputy Chairman.

Form No. 09/PLIII 30 SOCIALIST REPUBLIC OF VIETNAM

NAME OF ENTERPRISE (1)

Independence - Freedom - Happiness

REPORT ON THE SITUATION OF LABOR LEASING ACTIVITIES

To: - People's Committee of the province or centrally-run city...

- Department of Labor, War Invalids and Social Affairs of the province or centrally-run city...

...(1)... Report on labor outsourcing activities for the first 6 months of the year ..... (or year ....) as follows:

Type of owner: (2) F State-owned enterprise F Private enterprise F FDI enterprise

1. Labor usage situation of the labor leasing enterprise

Indicator Beginning Increase Decrease End Number of employees participating in compulsory insurance (persons) (3) Note

1 2 3 4 5 6 7

1. Total number of employees under labor contracts of the enterprise, including: a) Number of employees working at the leasing enterprise (4), divided into: - Number of employees with indefinite labor contracts - Number of employees with fixed-term labor contracts b) Number of leased employees, divided into: - Lease term under 03 months - Lease term from 03 months to under 06 months - Lease term from 06 months to 12 months 2. Number of employees currently being leased by the enterprise - Within the province - Outside the province

30

31

2. Situation of labor subcontracting activities

2. Situation of labor leasing activities

Number of enterprises Number of leased employees Number of employees by lease term Employee benefits

Guardian regime

TT for In Salary Income

rent Within the area Outside the area area Outside the area Under 6 From 6 - 12 Other average average benefits

again(5) table clear table clear clear table clear month month 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2

REPRESENTATIVE OF THE ENTERPRISE(8) (Signature, seal) Full name

Notes:

(1) Name of the enterprise preparing the report.

(2) Tick the box corresponding to the type of ownership of the enterprise preparing the report.

(3) Number of employees participating in compulsory insurance: social insurance; health insurance; unemployment insurance; occupational accident and disease insurance.

(4) Number of leased employees and other types of labor.

(5) List the tasks for which labor is leased.

(6) Number of enterprises leasing the labor to perform the tasks listed in column II.

(7) Names of the types of benefits that leased employees receive, for example: life insurance, voluntary social insurance, holiday money, care for illness, funeral and wedding assistance, types of services that leased employees are entitled to.....

(8) The title of the legal representative of the enterprise according to the enterprise registration certificate.

31

32

Form No. 10/PLIII 32 SOCIALIST REPUBLIC OF VIETNAM

PEOPLE'S COMMITTEE OF PROVINCE/CITY...... DEPARTMENT OF LABOR - WAR INVALIDS AND SOCIAL AFFAIRS Independence - Freedom - Happiness

No:..................... ........, date..... month...... year.......

(Report for 6 months or year....)

To: - Ministry of Labor - War Invalids and Social Affairs; - People's Committee of the province/city under the Central Government...

The Department of Labor - War Invalids and Social Affairs of province/city................. reports on the labor leasing activities in the area as follows:

1. Status of labor leasing enterprises in operation

Type of enterprise Total number of workers employed Number of labor leasing enterprises (1)

Number of Enterprises Number of Enterprises Number of Enterprises Number of Employees employed Number of Employees Outside Target enterprise enterprise enterprise private enterprise employed at renting Enterprise The local local indicator Note state capital investment enterprise for rent (persons) provincial province

1. Number of enterprises licensed at the beginning of the reporting period foreign again (persons) 2. Number of enterprises granted first-time licenses during the reporting period 3. Number of enterprises with license extensions 4. Number of enterprises reissued licenses 5. Total number of enterprises reduced during the reporting period, including: - Enterprises whose licenses expired and were not extended or reissued - Enterprises whose licenses were revoked 6. Number of licensed enterprises operating at the end of the period (2)

32

33

2. Situation of labor subcontracting activities

Number of enterprises Number of employees by term

licensed Number of employees for renting employees Labor regimes of employees Number of employees

lease leasing (person) (person) leasing the rented property

(3)

Re-employ labor

Record

Regarding the matter of the family's possessions

rent again Inside Outside business business From Salary Income insurance catch

Below 6 degrees requires the local area, local area enterprise 6 - 12 Different average monthly (VND/person/month) (VND/person/month) benefits (people)(7) province, province in the locality outside the locality month benefits provincial provincial

1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 Recipients: DIRECTOR (8) -.............; (Signature, seal) -.............; Full name

Notes:

(1) Number of enterprises leasing labor from enterprises that have been licensed.

(2) Number of licensed enterprises operating at the end of the period (item 6) = number of enterprises licensed at the beginning of the period (item 1) + number of enterprises granted a license for the first time (item 2) - number of enterprises decreased during the period (item 5).

(3) Number of licensed enterprises performing labor leasing work in column II.

(4) Average salary of labor subleased performing work in column II.

(5) The average income of leased employees performing the work in Column II includes salary, bonuses, and other income.

(6) The names of the types of benefits that the leased employees are entitled to, for example: life insurance, voluntary social insurance, holiday and Tet allowances, sympathy for sickness or bereavement, various services that leased employees are entitled to...

(7) The number of leased employees participating in compulsory insurance: social insurance; health insurance; unemployment insurance; occupational accident and disease insurance.

(8) Director; in the case of a deputy authorized to sign on behalf, write the abbreviation "KT." before Director, and below, write Deputy Director.

Form No. 11/PLIII 34

NAME OF BANK SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

No:............. ........, day..... month...... year.......

LABOR LEASING ACTIVITIES (Quarterly report...... year......)

To: - State Bank branch, province, centrally-run city....

- People's Committee of the province, centrally-run city... - Department of Labor - Invalids and Social Affairs of the province, centrally-run city...

Bank name:..................................................................................................................................................................................

Address:..............................................................................................................................................................................................

Phone number:.............................................................................. Fax number:......................................................................................... Name of the enterprise making the deposit Activity Deposit Certificate Number Account Number Deposit Amount Deposit Date Deposit Amount at

reselling labor received a deposit initial deposit 5 reporting times

3 4 1 2 6

1. 2. ...

BANK REPRESENTATIVE (Signature, stamp) Full name

34

Form number 12/PLIII

LIST OF PROVINCE AND CENTRAL-CITY CODES No. Province/City Name Province/City Code 1 An Giang SAG 2 Bà Rịa - Vũng Tàu SBRVT 3 Bắc Cạn SBC 4 Bắc Giang SBG 5 Bạc Liêu SBL 6 Bắc Ninh SBN 7 Bến Tre SBT 8 Bình Định SBĐ 9 Bình Dương SBD 10 Bình Phước SBP 11 Bình Thuận SBTH 12 Cà Mau SCM 13 Cần Thơ SCT 14 Cao Bằng SCB 15 Đà Nẵng SĐN 16 Đắk Lắk SĐL 17 Đắk Nông SĐKN 18 Điện Biên SĐB 19 Đồng Nai SĐGN 20 Đồng Tháp SĐT 21 Gia Lai SGL 22 Hà Giang SHG 23 Hà Nam SHN 24 Hà Nội SHNI 25 Hà Tĩnh SHT 26 Hải Dương SHD 27 Hải Phòng SHP 28 Hậu Giang SHG 29 Hòa Bình SHB 30 Hưng Yên SHY

No. Province/City Province/City Code

31 Khanh Hoa SKH

32 Kien Giang SKG

33 Kon Tum SKT

34 Lai Chau SLC

35 Lam Dong SLD

36 Lang Son SLS

37 Lao Cai SLCI

38 Long An SLA

39 Nam Dinh SND

40 Nghe An SNA

41 Ninh Binh SNB

42 Ninh Thuan SNT

43 Phu Tho SPT

44 Phu Yen SPY

45 Quang Binh SQB

46 Quảng Nam SQN

47 Quảng Ngãi SQNI

48 Quảng Ninh SQNH

49 Quảng Trị SQT

50 Sóc Trăng SST

51 Sơn La SSL

52 Tây Ninh STN

53 Thái Bình STB

54 Thái Nguyên STNG

55 Thanh Hoá STH

56 Thừa Thiên Huế STTH

57 Tiền Giang STG

58 Ho Chi Minh City SHCM

59 Tra Vinh STV

60 Tuyen Quang STQ

61 Vinh Long SVL

62 Vinh Phuc SVP

63 Yen Bai SYB

36

Appendix IV

(Attached to Decree No. 145/2020/NĐ-CP dated December 14, 2020, of the Government) Form No. 01/PLIV Overtime Agreement Document Form No. 02/PLIV Official Letter Notifying Overtime from over 200 hours to 300 hours NAME OF THE MANAGING AGENCY Form No. 01/PLIV NAME OF ENTERPRISE, FACILITY

SOCIALIST REPUBLIC OF VIETNAM

Production, Business Independence - Freedom - Happiness

......., day........ month........ year........

AGREEMENT ON OVERTIME WORK (1)

- Overtime period: From day...................... to day..... month.... year........

- Part-time work location:............................................................................................

- Reason for part-time work:.................................................................................................. No. Full name Job, Number of working hours Number of hours Signature of

the job in part-time work worker

1 2 (per day,

per week,...)(3) 4 5 6 3

............, day... month... year....... EMPLOYER OR AUTHORIZED PERSON

(Signature, seal)

Notes:

(1) This form is made when signing documents with multiple employees; in the case of signing separately with each employee, adjust the corresponding information.

(2) In the case where a timesheet and work schedule have been used, and working hours and tasks have not changed over many days or months recorded in the timesheet, it is not mandatory to have these columns in the agreement.

(3) It is possible to record separate agreements by day, by week, by month, or agreements combining multiple contents regarding overtime hours.

38

NAME OF THE MANAGING AGENCY Form No. 02/PLIV NAME OF THE ENTERPRISE OR FACILITY SOCIALIST REPUBLIC OF VIETNAM PRODUCTION, BUSINESS Independence - Freedom - Happiness

Number: .............. ........, day........ month........ year........ Re: organizing overtime work of more than 200 hours

up to 300 hours in a year

To: Department of Labor, War Invalids and Social Affairs...............

In accordance with the business production plan for the year..., the enterprise/unit............... has some cases of working overtime from over 200 hours to 300 hours in the year, specifically as follows:

1. Cases required to work overtime from over 200 hours to 300 hours in the year:

Cases required to work overtime from over 200 hours Notes Serial No. to 300 hours in the year(1) 1. ...

2. Time when employees start working overtime from over 200 hours to 300 hours/year: ...............................................................................................................

3. Commitment when the organization implements overtime work from over 200 hours to 300 hours/year(2)

...............................................................................................................................

............................................................................................................................... Recipients: EMPLOYER - As above; OR AUTHORIZED PERSON - ................

(Signature, seal)

Notes:

(1) Must comply with the prescribed cases.

(2) Encourages agreements that are more beneficial to employees when participating in overtime, such as: additional compensation in kind, providing meals, enhancing health checkups...

Appendix V (Attached to Decree No. 145/2020/NĐ-CP dated December 14, 2020, of the Government)

___________________________

Form No. 01/PLV Labor contract for domestic helpers Form No. 02/PLV Notification regarding the use of domestic helper labor Form No. 03/PLV Notification regarding the termination of labor contract for domestic helpers

40

Form No. 01/PLV

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

HOUSEHOLD HELPER EMPLOYMENT CONTRACT

Based on the Labor Code of 2019;

Pursuant to Decree No.../....../ND-CP dated... month... year..... of the Government.... (state the name of the Government decree detailing and guiding the implementation regarding labor in the form of domestic help according to Clause 2, Article 161 of the Labor Code).

1. PARTY A: THE EMPLOYER

Mr./Mrs.:..................................................................................................................

Representing the household including (list the full names of each person in the household):..........................

..............................................................................................................................

Residential address:................................................................................................

Phone number:....................................................................................................

Citizen ID/CMND/Passport number:............. issued on............. at..........

...............................................................................................................................

2. PARTY B: THE DOMESTIC WORKER

Mr./Mrs.:..................................................................................................................

Residential address:................................................................................................

Phone:.............................................................................................................

Citizen ID/Identity Card/Passport number:............ issued on......... at..............

Emergency contact information:......................................................

Mr./Mrs.:..................................................................................................................

Relationship to the employee:..........................................................................

Residential address:................................................................................................

Phone number:....................................................................................................

Both parties agree to sign the labor contract with the following terms:

Article 1. Contract Duration

- Labor contract: Indefinite or fixed term of..... months.

Start date of work: From day... month... year...

- Probationary period (if any): from day... month... year.... to day.... month... year...

Article 2. Work and workplace

- Workplace (specify the address where the employee performs household work):......................................................................................................

- Tasks to be performed (specify the daily tasks the employee must carry out, for example: cleaning the house, cooking, laundry, childcare, etc.):....................

...............................................................................................................................

...............................................................................................................................

Article 3. Salary, bonuses, and other allowances and supplements

- Salary:........................... VND/month (or week or day or hour), of which the employee's food and accommodation costs (if any) are:......................................... VND.

- Allowances and supplements (if any):..............................................................

- Method of salary payment (cash/bank transfer):...................................................

- Salary payment term: salary is paid on day/hour...... monthly/weekly/daily.

- The amount equal to the premium for health insurance and social insurance, which is the responsibility of the employer, paid to the employee at the same time as salary: .............. VND.

- Salary increase regime (specify the time, conditions, and cases eligible for a salary increase, if any): .............................................................................................................

- Bonus (specify the conditions and cases eligible for a bonus, the amount of the bonus, if any): ..............................................................................................................................

- Transportation expenses to the employee's place of residence (specify the cases eligible for support for transportation expenses to the place of residence, the level of support): ...................................................................

- Support for vocational training or academic education (if any) ...........................................................

Article 4. Working hours, rest periods

- Working hours:...............................................................................................

- Continuous rest time during the day for employees:....................................

- Weekly day off:..........................................................................................

- Annual leave:..........................................................................................

- Public holidays and Tet holidays:................................................................................................

Article 5. Working conditions

- Protective equipment (if any):.....................................................................

- Meals and accommodation for employees (for employees living with the employer's family)........................................................................................................

- Other conditions:.............................................................................................

42

Article 6. Rights and obligations of the employee

1. Rights of the employee:

- Regarding payment of salary, allowances, other supplements; bonuses; transportation expenses to the place of residence as agreed in the labor contract:.........................................

- Regarding rest; support for vocational training, cultural education as agreed in the labor contract:......................................................................................................................

- Regarding arrangement of meals and accommodation; provision of labor protection equipment; compensation for damages as agreed in the labor contract:...................................................................................

2. Obligations of the employee:

- Regarding completion of work according to the labor contract:............................................

- Regarding properly following the instructions for using equipment, machinery, tools, and fire prevention, as well as ensuring the environmental hygiene requirements of the household and residential area:..................................................................................................

- Regarding compensation to the employer if causing loss or damage to property in the employer's household according to legal regulations and agreements between the two parties:................................................................................................................

- Regarding providing legal documents to the employer for temporary residence registration (for employees living with the employer if they are required to register for temporary residence):.................................................................................................

Article 7. Rights and obligations of the employer

1. Rights of the employer:

- Regarding managing and directing employees to perform work as agreed in the labor contract: ...................................................................................

- Regarding compensation for damages if employees lose or damage property in the employer's household according to the provisions of law and the agreement between the two parties: .......................................................................................................................

2. Obligations of the employer:

- Regarding full and timely payment of wages and other benefits and rights of employees as agreed in the contract: ..................................................

- Regarding the arrangement of eating and living places for workers (for workers living with the employer):.............................................................................................

- Regarding temporary residence registration for workers (for workers living with the employer who are required to register temporary residence):................................

- Regarding creating conditions for workers to learn a trade and study culture:............................

Article 8. Labor discipline

- Cases in which the employer can apply the form of reprimand:

..............................................................................................................................

- Cases in which the employer can apply the form of dismissal:

...............................................................................................................................

Article 9. Compensation for damages (if any)

- Cases in which the worker must compensate the employer for damages:......................................................................................................................

- Cases in which the employer must compensate the employee for damages:......................................................................................................................

Article 10. Other agreements (if any)

...............................................................................................................................

..............................................................................................................................

Article 11. Implementation provisions

This contract is made in 02 copies of equal value, each party keeps 01 copy, and it takes effect from the day...... month............ year.............

EMPLOYEE EMPLOYER

(PARTY B) (PARTY A)

LEGAL REPRESENTATIVE OF THE EMPLOYEE (for employees under 18 years old)

- Full name:................................................................................................................

- Residential address:..............................................................................................

- Phone number (if any):...........................................................................................

- Citizen ID card/Identity card/Passport number: ........... issued on ......... at ...........

- Signature:

WITNESS (if any):

- Full name:................................................................................................................

- Citizen ID card/Identity card/Passport number: .................. issued on ..... at ........

- Residential address:..............................................................................................

- Phone number (if any): .......................................................................................

- Signature:

44

Form No. 02/PLV

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

NOTICE

Regarding the employment of a domestic helper

To the People's Committee of the commune/ward/town: ..................

Full name: ......................................., Gender: ............ Nationality: ...........................

Citizen ID card/Identity card/Passport number: .............. issued on ........ at ............

Residential address:................................................................................................

Current residential address: ...........................................................................................

Notification to the People’s Committee (commune/ward/town)...................................... regarding the employment of a domestic worker as follows:

1. Employee:

- Full name:................................................................................................................

- Date of birth:................................................., gender:.........................................

- Citizen ID/ID card/Passport number:.............., date of issue.........., place of issue........

- Residential address:...............................................................................................

- Current address:..........................................................................................

2. Legal representative of the employee (if any):

- Full name:................................................................................................................

- Citizen ID/ID card/Passport number:.......... issued on........... at...........

- Current address:..........................................................................................

3. Workplace:............................................................................................

4. Main job according to the labor contract:........................................................

5. Term of the labor contract: Undetermined term or fixed term of ...... months.

6. Commencement date of the labor contract: from day ..... month ....... year .....

7. Residence of the employee during the term of the labor contract: ...............

8. Other contents, if any: ...............................................................................

............, day ...... month ..... year ..... Notifier (Signature, full name)

Form No. 03/PLV

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

NOTICE Regarding the termination of the domestic helper labor contract

To: People's Committee of the commune/ward/town: ....................

Full name: ...................................................................................................................

Citizen ID card/ID card/Passport number: ............. issued on ........... at ..........

Residential address:................................................................................................

Notify the People's Committee of the commune/ward/town about the termination of the labor contract of Mr./Ms. .......................................... according to the notice regarding the employment of a domestic worker dated... day... month... year...

Effective date of labor contract termination: From day........ month…..... year............

Reason for labor contract termination: .....................................................................

............, day...... month..... year..... Notifier (Signature, Full name)

46

Appendix VI

LIST OF PLACES WHERE STRIKES ARE NOT ALLOWED

(Attached to Decree No. 145/2020/NĐ-CP dated December 14, 2020 of the Government)

I. ELECTRICITY SYSTEM GENERATION, TRANSMISSION, AND DISPATCH

1. 03 units under the parent company - Vietnam Electricity Group, including: Hoa Binh Hydropower Company; Son La Hydropower Company; National Power System Dispatch Center.

2. Duyen Hai Thermal Power Company under Power Generation Corporation No. 1.

3. Phu My Thermal Power Company under Electricity Generation Corporation 3.

4. Power transmission companies under the National Power Transmission Corporation.

II. EXPLORATION, EXTRACTION, PRODUCTION, SUPPLY OF PETROLEUM

1. Southwest Pipeline Operating Company under the parent company - Vietnam Oil and Gas Group.

2. 02 units under the Petroleum Exploration and Production Corporation, including: Domestic Petroleum Exploration and Production Operating Company; Vietgazprom Joint Venture Operating Company.

3. 08 units under Vietnam Gas Corporation, including: Vung Tau Gas Processing Company; Southeastern Gas Transport Company; Gas Product Trading Company; Ca Mau Gas Company; Nam Con Son Gas Pipeline Company; Vietnam LPG Joint Stock Company; Southern Gas Trading Joint Stock Company; Vietnam Petroleum Low-Pressure Gas Distribution Joint Stock Company.

4. Vietnam-Russia Joint Venture Vietsopetro.

III. ENSURING AVIATION SAFETY, MARITIME SAFETY

1. Service facilities ensuring flight operations under the Civil Aviation Authority of Vietnam.

2. Airports under the Airports Corporation of Vietnam, including: Noi Bai, Tan Son Nhat, Da Nang, Cam Ranh, Can Tho.

3. Northern Maritime Safety Corporation.

4. Southern Maritime Safety Corporation.

5. TKV Maritime Pilot One-Member Limited Liability Company.

6. Vietnam Maritime Electronic Information One-Member Limited Liability Company.

IV. PROVISION OF INFORMATION AND COMMUNICATION INFRASTRUCTURE

1. Network Infrastructure Corporation under Vietnam Posts and Telecommunications Group.

2. Viettel Network Corporation under the Military Industry - Telecom Group.

V. ENTERPRISES PROVIDING CLEAN WATER SUPPLY, DRAINAGE, AND ENVIRONMENTAL SANITATION DIRECTLY SERVING CITIES UNDER CENTRAL GOVERNMENT

VI. DIRECTLY SERVING NATIONAL DEFENSE AND SECURITY

Defense and security enterprises as prescribed in Decree No. 93/2015/NĐ-CP dated October 15, 2015, of the Government on the organization, management, and operation of defense and security enterprises./.

48