Vietnamese Labour Code 23 June 1994 (as amended 2 April 2002), effective 1 January 2003
© Ministry of Planning and Investment and Phillips Fox
3. Any activity which creates employment, which is a form of self-employment, which teaches a skill or trade to assist others to find work,and any production or business activity which employs a high number of workers shall be encouraged, facilitated or assisted by the State.
An employee shall be a person of at least fifteen (15) years of age who is able towork and has entered into a labour contract.An employer shall be an enterprise, body, or organization, or an individual who isat least eighteen (18) years of age, recruiting, employing and paying wages to anemployee.
1. An employee shall be paid a wage on the basis of an agreement reachedwith the employer provided that the wage is not less than the minimumwage stipulated by the State, and is in accordance with his ability and thequality and standard of the work performed; shall be entitled to labourprotection, and safe and hygienic working conditions; shall be entitled tostipulated rest breaks and holidays, paid annual leave, and social insurancebenefits in accordance with the provisions of the law. The State shallstipulate a labour regime and a social policy aimed at protecting femaleworkers and occupations having special characteristics.2. An employee shall have the right to form, join, or participate in unionactivities in accordance with the
Law on Trade Unions
in order to protecthis legal rights and benefits; he shall be entitled to collective welfare andbe permitted to participate in the management of the business inaccordance with the internal regulations of the enterprise and theprovisions of the law.3. An employee shall have an obligation to perform the labour contract andthe collective labour agreement, and to comply with labour rules, internallabour regulations, and the lawful orders of the employer.4. An employee shall have the right to strike in accordance with theprovisions of the law.
1. An employer shall have the right to recruit labour and to assign, arrange ormanage labour in accordance with the requirements of businessproduction; shall have the right to reward and to deal with breaches of labour discipline
in accordance with the provisions of the laws on labour.