foreign nationals who work in Vietnamese enterprises or organizations, or for Vietnameseindividuals, operating in the territory of Vietnam, shall be subject to the scope of applicationof this Code and other provisions of the laws of Vietnam except where the provisions of aninternational treaty to which the Socialist Republic of Vietnam is a signatory of participantprovide otherwise.
The labour regime which applies to civil servants and state employees, elected,appointed or assigned officials, members of units of the people's armed forces andpolice, members of mass organizations and other political, social organizations, andmembers' of cooperatives shall be governed by other relevant legislation, but a numberof the provisions of this Code shall be applied to the above mentioned categories,according to each particular entity.
1. Every person shall have the right to work, to choose freely an employment andoccupation, to learn a trade, and to improve his professional skills without anydiscrimination in respect of sex, race, social class, beliefs or religion.2. Maltreatment of workers and the use of forced labour in whatever form are prohibited.3. Any activity which generates employment, self-employment, or teaches and helps tolearn a skill or trade for employment, and any production or business activity employinga high number of workers shall be encouraged by the State and shall enjoy favorableconditions or assistance.
An employee shall be a person of at least 15 years of age who is able to work and hasentered into a labour contract.An employer shall be an enterprise, body or organization, or an individual who is at least 18years of age, that is hiring, employing and paying wages to a worker.
1. An employee shall be paid a wage on the basic of an agreement reached with theemployer, provided that the wage is not less than the minimum wage stipulated by theState, and is in accordance with the productivity, quality and efficiency of the work performed; the employee shall be entitled to labour protection and safe and hygienicworking conditions; the employee shall be entitled to stipulated rest breaks and holidaysannual leave with pay, and to social insurance benefits in accordance with the provisionsof the law. The State shall stipulate a labour regime and a social policy aimed atprotecting female workers and occupations having special characteristics.2. An employee shall have the right to form, join and participate in union activities inaccordance with the Law on Trade Union in order to protect his legal rights and benefits;he shall be entitled to collective welfare and to participation in the management of business in accordance with the internal regulations of the enterprise and the provisionsof the law.