Vietnamese citizens who work in `enterprises with foreign invested capital in Vietnam, in foreignor international bodies and organizations operating in the territory of Vietnam, and foreign nationalswho work in Vietnamese enterprises or organizations, or for Vietnamese individuals, operating inthe territory of Vietnam, shall be subject to the scope of application of this Code and other provisions of the laws of Vietnam except where the provisions of an international treaty to whichthe Socialist Republic of Vietnam is a signatory of participant provide otherwise.
The labor regime which applies to civil servants and state employees, elected, appointed or assigned officials, members of units of the people's armed forces and police, members of massorganizations and other political, social organizations, and members ' of cooperatives shall begoverned by other relevant legislation, but a number of the provisions of this Code shall beapplied to the above mentioned categories, according to each particular entity.
1.Every person shall have the right to work, to choose freely an employment and occupation, tolearn a trade, and to improve his professional skills without any discrimination in respect of sex, race, social class, beliefs or religion.2.Maltreatment of workers and the use of forced labor in whatever form are prohibited.3.Any activity which generates employment, self-employment, or teaches and helps to learn askill or trade for employment, and any production or business activity employing a highnumber of workers shall be encouraged by the State and shall enjoy favorable conditions or assistance.
An employee shall be a person of at least 15 years of age who is able to work and has entered into alabor contract.An employer shall be an enterprise, body or organization, or an individual who is at least 18 yearsof 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 the employer, provided that the wage is not less than the minimum wage stipulated by the State, and is inaccordance with the productivity, quality and efficiency of the work performed; the employeeshall be entitled to labor protection and safe and hygienic working conditions; the employeeshall be entitled to stipulated rest breaks and holidays annual leave with pay, and to socialinsurance benefits in accordance with the provisions of the law. The State shall stipulate a labor regime and a social policy aimed at protecting female workers and occupations having specialcharacteristics.2.An employee shall have the right to form, join and participate in union activities in accordancewith the Law on Trade Union in order to protect his legal rights and benefits; he shall beentitled to collective welfare and to participation in the management of business in accordancewith the internal regulations of the enterprise and the provisions of the law.
These articles marked with * and italic words in this Labor Code which to be amended and supplemented parts will be effective on January 1, 2003