NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM

------- Independence – Freedom – Happiness

-------
Code No.: 45/2019/QH14

LABOUR CODE

Pursuant to the Constitution of the Socialist Republic of Viet Nam, the National
Assembly hereby promulgates the Labour Code.

Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Labour Code regulates labour standards; the rights, obligations and
responsibilities of workers, employers, workers’ representative organisations at
the grassroots level, and employers’ representative organisations in labour
relations and other relations directly relating to labour relations; and state
management of labour.
Article 2. Scope of application
1. Workers, apprentices, trainees, and persons working without an employment
relationship.
2. Employers.
3. Foreign workers who work in the territory of Viet Nam.
4. Other agencies, organisations and individuals directly related to labour
relations.
Article 3. Interpretation of terms
For the purpose of this Labour Code, the terms listed below are to be understood
as follows:
1. A worker is a person who works for an employer under an agreement; is
remunerated; and is managed, directed and supervised by the employer.
The minimum working age of a worker is 15 years of age, except for cases
stipulated in Section 1, Chapter XI of this Code.
2. An employer is an enterprise, agency, organisation, cooperative, household,
or individual who hires or employs one or more workers according to an
agreement. Where the employer is an individual, that individual must have full
capacity for civil acts.

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3. A workers’ representative organisation at the grassroots level is an
organisation established on a voluntary basis by workers in an undertaking with
the purpose of protecting the lawful and legitimate rights and interests of
workers in labour relations via collective bargaining or other forms stipulated by
labour law. Workers’ representative organisations at the grassroots level include
trade unions at the grassroots level and workers’ organisations at the enterprise
level.
4. An employers’ representative organisation is a lawfully established
organisation that represents and protects the lawful rights and interests of
employers in labour relations.
5. Labour relations are the social relations that arise between workers,
employers, their respective representative organisations and authorised state
agencies with respect to hiring, employment and payment of wages. Labour
relations include individual labour relations and collective labour relations.
6. A person working without an employment relationship is a person who works
without an employment contract.
7. Exacting forced labour is the use of force, the threat to use force, or other
means to induce a worker to work against their will.
8. Discrimination at work is any distinction, exclusion or preference made on the
basis of race, colour, national extraction or social origin, ethnicity, sex, age,
pregnancy status, marital status, religion, belief, political opinion, disability,
family responsibilities, or on the basis of HIV status, or due to forming, joining
and undertaking activities of a trade union or workers’ organisation at the
enterprise level, that affects equality of opportunity in employment or
occupation.
Any distinction, exclusion or preference derived from the inherent requirements
of a job and any acts of maintaining and protecting employment of vulnerable
workers shall not be considered as discrimination.
9. Sexual harassment at a workplace is any behaviour of a sexual nature by any
person towards another person at a workplace that is not wanted or accepted
by the latter person. A workplace is any place where a worker undertakes work
as agreed with or assigned by the employer.

Article 4. State policies on labour

1. To ensure the lawful and legitimate rights and interests of workers and of
persons working without an employment relationship and to encourage
agreements that provide conditions for workers that are more favourable than
those provided in labour law.
2. To ensure the lawful rights and interests of employers, to ensure democratic,

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fair and civilized labour management in accordance with labour law, and to
promote social responsibility.
3. To facilitate job creation, self-employment, vocational training and
apprenticeships to improve employability, labour-intensive production and
business activities, and application of certain provisions in this Code to persons
working without an employment relationship.
4. To make policies on the development and allocation of human resources; to
improve labour productivity; to train, nurture and enhance workers’
occupational skills and qualifications; to support retention and transition of job
and occupation for workers; and to provide incentives to highly-skilled workers
in order to meet the requirements of industrial revolution and the
industrialization and modernization of the country.
5. To make policies to develop the labour market and to diversify the means of
connecting labour supply and demand.
6. To encourage workers and employers to engage in dialogue and collective
bargaining and to develop progressive, harmonious and stable labour relations.
7. To ensure gender equality and to stipulate labour and social policies to protect
female workers, workers with disabilities, elderly workers, and minor workers.

Article 5. Rights and obligations of workers

1. Workers shall have the following rights:
a) To work; to freely choose their work, workplace and occupation; to freely
participate in vocational training and to improve their occupational
qualifications; and to be free from discrimination, forced labour and sexual
harassment at the workplace;
b) To receive a wage commensurate with their occupational qualifications and
skills on the basis of an agreement reached with the employer, to be provided
with labour protection and work in a safe and healthy environment, and to take
entitled leave and paid annual leave and receive collective welfare benefits;
c) To establish, join and participate in the activities of workers’ representative
organisations, occupational associations and other organisations in accordance
with the law; to request and participate in dialogue; to implement regulations
on democracy; to engage in collective bargaining with the employer and to be
consulted at the workplace in order to protect their lawful and legitimate rights
and interests; and to participate in management in accordance with the
employer’s regulations;
d) To refuse to work if doing so would entail a clear risk that directly threatens
their life or health;

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dd1) To unilaterally terminate the employment contract;
e) To go on strike;
g) To exercise other rights in accordance with the law.
2. Workers shall have the following obligations:
a) To perform the employment contract, collective bargaining agreements and
other lawful agreements;
b) To comply with labour discipline and internal work regulations, and to follow
the employer’s management, direction and supervision;
c) To comply with the laws on labour, employment, vocational education and
training, social insurance, health insurance, unemployment insurance and
occupational safety and health.

Article 6. Rights and obligations of employers

1. Employers shall have the following rights:
a) To recruit, arrange, manage, direct and supervise labour, and to reward and
deal with breaches of labour disciplinary regulations by workers;
b) To establish, join and participate in the activities of employers’ representative
organisations, occupational associations and other organisations in accordance
with the law;
c) To request workers’ representative organisations to negotiate in order to sign
collective bargaining agreements, to participate in the resolution of labour
disputes and strikes, and to conduct dialogues and discussions with workers’
representative organisations on labour relations issues to improve the material
and spiritual lives of workers;
d) To temporarily close their workplace;
dd) To exercise other rights in accordance with the law.
2. Employers shall have the following obligations:
a) To perform the employment contract, the collective bargaining agreement,
and other lawful agreements; and to respect the honour and dignity of workers;
b) To establish a mechanism for and engage in dialogue and discussion with
workers and workers’ representative organisations, and to implement
regulations on grassroots democracy at the workplace;
c) To train, retrain and enhance occupational qualifications and skills of workers
in order to support retention and transition of job and occupation for workers.

1 Translator’s note: “dd” corresponds to “đ” in Vietnamese text of the Code; and “e” to “g”
(without “f”) does not mean an error as there is no “f” in Vietnamese text.

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d) To comply with the laws on labour, employment, vocational education and
training, social insurance, health insurance, unemployment insurance and
occupational safety and health; and to develop and implement solutions to
prevent sexual harassment at the workplace;
dd) To participate in the development of national standards for occupational
skills, and in the evaluation and certification of workers’ occupational skills.
Article 7. Development of labour relations
1. Labour relations are established and developed through dialogue, negotiation
and agreement based on the principles of voluntariness, good faith, equality, co-
operation, and respect for mutual lawful and legitimate rights and interests.
2. Employers, employers’ representative organisations, workers, and workers’
representative organisations develop progressive, harmonious and stable labour
relations with the support of the authorised state agencies.
3. Trade unions participate with authorised state agencies in the development
of progressive, harmonious and stable labour relations; in monitoring the
implementation of labour laws; and in protecting workers’ lawful and legitimate
rights and interests.
4. The Viet Nam Chamber of Commerce and Industry, the Viet Nam Cooperative
Alliance, and other lawfully established employers’ representative organisations
have the role of representing and protecting employers’ lawful rights and
interests and participating in the development of progressive, harmonious and
stable labour relations.
Article 8. Prohibited acts in the labour sector
1. Discriminating at work.
2. Maltreating a worker or exacting forced labour.
3. Committing sexual harassment at the workplace.
4. Taking advantage of an apprenticeship or internship to profiteer from or
exploit labour, or to induce or compel an apprentice or intern to carry out an
illegal activity.
5. Employing any worker that is untrained or lacks national occupational
qualifications for an occupation or job requiring training or national occupational
qualifications.
6. Using inducements, promises, false advertising or other means to deceive a
worker or to recruit a worker for the purpose of human trafficking, labour
exploitation, exacting forced labour, or taking advantage of an employment
service or activity to send contracted workers abroad to commit illegal acts.
7. Employing minor workers illegally.

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 CHAPTER II
EMPLOYMENT, RECRUITMENT AND LABOUR MANAGEMENT
Article 9. Employment and creation of employment
1. Employment is any working activity that generates income and is not
prohibited by law.
2. The State, employers and society have the responsibility to participate in
creating employment and guaranteeing that every person who has the capacity
to work has the opportunity to be employed.
Article 10. Workers’ right to work
1. To freely choose their employment and to work for any employer and in any
location that is not prohibited by law.
2. To contact an employer directly or through an employment service agency in
order to seek employment according to their aspirations, capacity, occupational
qualifications and health.
Article 11. Recruitment
1. An employer has the right to recruit workers directly or through an
employment service agency or labour dispatch enterprise according to the
employer’s needs.
2. Workers shall not pay any recruitment fee.
Article 12. Employers’ labour management responsibilities
1. To establish, update, manage and use a labour management book, on paper
or in electronic form, and to present this upon the request of authorised state
agencies.
2. To report on the employment of workers within 30 days from the date of
commencement of operation, to periodically report on labour changes during
operation to the State agency specialized in labour under the provincial People’s
Committee, and to notify the social insurance agency.
3. The Government shall provide details for this Article.

CHAPTER III
EMPLOYMENT CONTRACTS

Section 1

ENTERING INTO AN EMPLOYMENT CONTRACT

Article 13. Employment contracts
1. An employment contract is an agreement between a worker and employer

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about remunerated work, wages, working conditions and the rights and
obligations of each party to the labour relations.
An agreement between two parties under a different title but with contents
reflecting remunerated work, wages, and management, direction and
supervision by one party will be considered to be an employment contract.
2. Before accepting a worker to work, the employer must enter into an
employment contract with the worker.
Article 14. Forms of employment contracts
1. An employment contract must be concluded in writing and made in two
copies. The worker keeps 01 copy and the employer keeps 01 copy, except in
cases stipulated in Clause 2 of this Article.
An employment contract concluded through electronic means in the form of a
data message in accordance with the law on electronic transactions has the same
validity as a written employment contract.
2. For contracts with a duration of less than 01 month, the two parties may enter
into a verbal employment contract, except in cases stipulated in Clause 2 of
Article 18; point a, Clause 1 of Article 145; and Clause 1 of Article 162 of this
Code.
Article 15. Principles for concluding an employment contract
1. Voluntariness, equality, good faith, cooperation and honesty.
2. An employment contract may be entered into freely, except in cases contrary
to the law, collective bargaining agreement and social morals.
Article 16. Information disclosure responsibilities when entering into an
employment contract
1. The employer must provide correct information to the worker about the job,
working location, working conditions, working hours, rest time, occupational
safety and health conditions, wages, forms of wage payment, social insurance,
health insurance, unemployment insurance, regulations on protecting business
confidentiality, protecting technological confidentiality and other issues directly
related to the conclusion of the employment contract as requested by the
worker.
2. The worker must provide correct information to the employer about their full
name, date of birth, sex, residential address, educational level, occupational
skills and qualifications, health certification and other issues related directly to
the conclusion of the employment contract as requested by the employer.
Article 17. Prohibited acts by employers when signing and implementing
employment contracts

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1. Keeping the worker’s original identification documents, degrees and
certificates.
2. Requiring the worker to provide security in cash or other assets to guarantee
their implementation of the employment contract.
3. Coercing the worker to perform an employment contract in order to pay a
debt to the employer.
Article 18. Authorisation to enter into employment contracts
1. A worker shall directly enter into an employment contract, except in cases
stipulated in Clause 2 of this Article.
2. For seasonal work, or certain work with a duration of less than 12 months, a
group of workers who are 18 years of age or older may authorise one worker in
the group to enter into an employment contract; in such cases, the employment
contract must be concluded in writing and has the same validity as if it were
entered into with each of the workers.
An employment contract concluded by an authorised worker must include a list
that clearly states the full name, date of birth, sex, residence address and
signature of each of the workers.
3. An individual who enters into an employment contract on the employer’s side
shall be one of the following:
a) The legal representative of an enterprise or an authorised person in
accordance with the law;
b) The head of an agency or organisation that has legal status in accordance with
the law or an authorised person in accordance with the law;
c) The representative of a household, cooperative group or another
organisations that does not have legal status or an authorised person in
accordance with the law;
d) An individual who directly employs workers.
4. An individual who enters into an employment contract on the workers’ side
shall be one of the following:
a) A worker who is 18 years of age or older;
b) A worker who is from 15 to less than 18 years of age with the written consent
of their legal representative;
c) A person who is less than 15 years of age and their legal representative;
d) A worker who is legally authorised by a group of workers to conclude an
employment contract.
5. A person who is authorised to enter into an employment contract is not

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permitted to authorise another person to enter into that employment contract.

Article 19. Entering into more than one employment contract

1. A worker may enter into employment contracts with more than one employer,
provided they can ensure the full implementation of the contents in the
concluded contracts.
2. Where a worker enters into employment contracts with more than one
employer, the worker’s participation in social insurance, health insurance and
unemployment insurance schemes shall be in accordance with the regulations
on social insurance, health insurance, unemployment insurance and
occupational safety and health.

Article 20. Types of employment contract

1. Employment contracts must be concluded according to one of the following
types:
a) An indefinite term employment contract, which is a contract in which the two
parties do not specify the term of the contract or the time at which it terminates.
b) A definite term employment contract, which is a contract in which the two
parties specify the term of the contract and the time at which it terminates,
which will be no later than 36 months from when the contract comes into force.
2. Where an employment contract as stipulated in point b, Clause 1 of this Article
expires and the worker continues to work, the following conditions apply:
a) Within 30 days from the date of expiration of the employment contract, the
two parties must conclude a new employment contract. Prior to the signing of
the new employment contract, the rights, obligations and interests of both
parties as prescribed in the expired contract shall be maintained.
b) If no new employment contract is entered into within 30 days from the date
of expiration of the contract, the contract concluded according to point b, Clause
1 of this Article shall become an indefinite term employment contract.
c) Where the two parties conclude a new employment contract with a definite
term, only 01 additional definite-term employment contract may be signed.
After that, if the worker continues to work, an indefinite term employment
contract must be signed, except in the case of individuals employed as directors
of State-Owned Enterprises and other cases stipulated in Clause 1 of Article 149,
Clause 2 of Article 151 and Clause 4 of Article 177 of this Code.

Article 21. Contents of employment contracts

1. An employment contract must include the following primary contents:
a) The name and address of the employer, and the name and position of the

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person entering into the employment contract from the employer’s side.
b) The full name, date of birth, sex, residential address, identity card number or
passport of the person entering into the contract from the workers’ side.
c) The work to be undertaken and the place of work.
d) The duration of the employment contract.
dd) The work-based or position-based wage, form of wage payment, date of
payment, allowances and other terms.
e) Policies for wage step upgrade and wage increase.
g) The working time and rest periods.
h) Personal protective equipment for the worker.
i) Social insurance, health insurance and unemployment insurance.
k) Training, developing and enhancing occupational knowledge and skills.
2. When a worker performs work that is directly related to a business or
technological secret as stipulated by law, the employer has the right to sign a
written agreement with the worker on the contents and duration of protecting
the business or technological secret, including benefits and compensation in the
case of violations.
3. Where a worker works in the agriculture, forestry, fishery, or salt production
sectors, depending on the type of work, the two parties may exclude some
contents of the employment contract and agree on supplementary contents on
settling cases where the execution of the contract is affected by natural disaster,
fire or weather.
4. The Government shall stipulate the contents of employment contracts with
workers hired as Director of a State-Owned Enterprise.
5. The Minister of Labour-Invalids and Social Affairs shall stipulate the details of
Clauses 1, 2 and 3 of this Article.

Article 22. Annexes to employment contracts

1. An annex to an employment contract is an integral part of the employment
contract and has the same force as the employment contract.
2. An annex to an employment contract stipulates additional details on, amends
or supplements certain terms and conditions in the employment contract, but
shall not amend the duration of the employment contract.
Where an annex to an employment contract stipulates additional details about
certain terms and conditions in the contract that may lead to a different
interpretation of the employment contract, the contents of the employment
contract shall prevail.

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Where an annex to an employment contract amends or supplements certain
terms and conditions of the employment contract, it must clearly state the terms
and conditions that are amended or supplemented and the date on which it
takes effect.

Article 23. Effective date of employment contracts

An employment contract is effective on the date on which the contract is
concluded by the two parties, unless otherwise agreed by both parties or
stipulated by law.

Article 24. Probation

1. The employer and the worker may negotiate a probationary period as part of
the employment contract or conclude a probation contract.
2. The primary contents of a probation contract include the duration of
probation and the contents stipulated in points a, b, c, dd, g and h, Clause 1 of
Article 21 of this Code.
3. Workers entering into an employment contract with a duration of less than 01
month shall not be subject to probation.

Article 25. Duration of probation

The probationary period is negotiated by the two parties based on the nature
and complexity of the work and shall be applied only once for each job and shall
meet the following conditions:
1. The probationary period shall not exceed 180 days for managerial positions of
enterprises as stipulated in the Law on Enterprises and the Law on Management
and Utilisation of State Capital Invested in the Manufacturing and Business
Activities of Enterprises.
2. The probationary period shall not exceed 60 days for jobs requiring college-
level or higher professional or technical qualifications.
3. The probationary period shall not exceed 30 days for jobs requiring
intermediate-level professional or technical qualifications, technical workers or
specialized workers.
4. The probationary period shall not exceed 06 working days for other jobs.

Article 26. Probationary wages

The worker’s wage during the probationary period shall be agreed by the two
parties but must be at least 85% of the wage for that job.

Article 27. Conclusion of the probationary period

1. When the probationary period concludes, the employer must notify the

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results of the probation to the worker.
In cases where the probation is satisfactory, the employer shall continue to
implement the concluded employment contract in cases where the probation
agreement is part of the employment contract, and must conclude an
employment contract in cases where a probation contract was concluded.
In cases where the probation is unsatisfactory, the employment contract or
probation contract shall be terminated.
2. During the probationary period, either party has the right to cancel the
probation contract or employment contract without prior notice or
compensation.

Section 2

IMPLEMENTING EMPLOYMENT CONTRACTS

Article 28. Carrying out work according to an employment contract

The work under an employment contract must be carried out by the worker who
enters into the contract. The place of work shall be as indicated in the
employment contract, unless otherwise agreed by the two parties.

Article 29. Assigning workers to perform work that is not specified in the
employment contract
1. In the event of sudden difficulties due to a natural disaster, fire, dangerous
epidemic, implementation of measures to prevent or mitigate work accidents or
occupational diseases, electricity or water incidents, or production or business
requirements, the employer shall have the right to temporarily assign a worker
to perform work that is not specified in the employment contract, provided that
the assignment does not exceed 60 cumulative working days within one year.
Assignments exceeding 60 cumulative working days per year shall only be made
with the written agreement of the worker.
The employer shall specify in the internal work regulations those cases where,
due to production and business requirements, the employer may temporarily
assign workers to perform work that is not stipulated in the employment
contract.
2. When temporarily assigning a worker to perform work that is not stipulated
in the employment contract as provided for in Clause 1 of this Article, the
employer must give notice to the worker at least 03 working days in advance,
with a clear indication of the duration of the temporary work and the work
arrangements suitable to the health and sex of the worker.
3. A worker performing work that is not stipulated in the employment contract
is entitled to receive the wage for the new work. If the wage for the new work is

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lower than the wage of previous work, the worker is entitled to receive the wage
of the previous work for a period of up to 30 working days. The wage for the new
work must be at least 85% of the previous wage and not less than the minimum
wage.
4. If a worker does not agree to temporarily perform work that is not stipulated
in the employment contract for more than 60 cumulative working days per year
and has to suspend their work, the employer must pay wages during the work
suspension as stipulated in Article 99 of this Code.

Article 30. Temporary suspension of employment contracts

1. Cases in which an employment contract may be temporarily suspended
include:
a) The worker performs military service or service in the Self-Defence Militia.
b) The worker is held temporarily in custody or detention in accordance with the
provisions of the criminal procedure law.
c) The worker is sent to a correctional centre, compulsory drug rehabilitation
centre or compulsory education centre.
d) The pregnant worker who is encompassed by the cases specified by Article
138 of this Code.
dd) The worker is appointed as manager of a single-member limited liability
company in which the State owns 100% of the charter capital.
e) The worker is authorised to exercise the rights and responsibilities of the
representative of the state owner with respect to the state-owned capital in the
enterprise.
g) The worker is authorised to exercise the rights and responsibilities of the
enterprise with respect to the capital invested by the enterprise in another
enterprise.
h) Other cases as agreed by both parties.
2. During the temporary suspension of the employment contract, the worker is
not entitled to the wages, rights or interests that are concluded in the
employment contract, unless otherwise agreed by both parties or stipulated by
law.

Article 31. Reinstatement of workers upon expiry of the temporary suspension

of the employment contract
Within 15 days from the expiry of the suspension of the employment contract,
the worker must present themselves at the workplace and the employer must
reinstate the worker in accordance with the concluded employment contract if
the employment contract is still in force, unless otherwise agreed by both parties

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or stipulated by law.

Article 32. Part-time work

1. A part-time worker is a worker who works for less than the regular daily,
weekly or monthly hours of work as stipulated by labour law, a collective
bargaining agreement or the internal work regulations.
2. A worker reaches an agreement with the employer to work on a part-time
basis when entering into the employment contract.
3. A part-time worker is entitled to wage payments, to equal rights and
obligations as a full time worker, and to equal opportunities, non-discrimination
and occupational safety and health.

Article 33. Amending and supplementing employment contracts

1. During the implementation of an employment contract, any party who wishes
to amend or supplement the contents of the employment contract must notify
the other party at least 3 working days in advance about the contents to be
amended or supplemented.
2. In cases where an agreement is reached between the two parties to amend or
supplement the contents of the employment contract, this shall be carried out
by signing an annex to the employment contract or signing a new employment
contract.
3. In cases where the two parties fail to reach an agreement to amend or
supplement the employment contract, they shall continue to implement the
concluded employment contract.

Section 3

TERMINATION OF EMPLOYMENT CONTRACTS

Article 34. Cases where an employment contract is terminated

1. The employment contract expires, except for cases regulated in Clause 4 of
Article 177 of this Code.
2. The tasks stated in the employment contract have been completed.
3. Both parties agree to terminate the employment contract.
4. The worker is sentenced to imprisonment without a suspended sentence or
discharged sentence as stipulated in Clause 5 of Article 328 of the Criminal
Procedure Code or death penalty; or is prohibited from performing the work
stipulated in the employment contract by a legally effective conviction or
judgment of the Court.
5. The worker who is foreigner working in Viet Nam is deported according to a

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legally effective judgement or decision of the Court or a decision of a competent
state agency.
6. The worker dies or is declared by the court to have lost the capacity for civil
acts or to be missing or dead.
7. The employer who is an individual dies or is declared by the Court as having
lost the capacity for civil acts or to be missing or dead. The employer who is not
an individual ceases operations or is declared by the business registration agency
under the Provincial People's Committee to have no legal representative or
competent person with the rights and obligations of a legal representative.
8. The worker is dismissed as a result of disciplinary action.
9. The worker unilaterally terminates the employment contract in accordance
with Article 35 of this Code.
10. The employer unilaterally terminates the employment contract in
accordance with Article 36 of this Code.
11. The employer lays off workers in accordance with Articles 42 and 43 of this
Code.
12. The work permit of a foreign worker in Viet Nam expires as stipulated in
Article 156 of this Code.
13. Unsatisfactory probation where the probation agreement is an integral part
of the employment contract, or cancellation of the probation contract by either
party.

Article 35. The right of a worker to unilaterally terminate an employment

contract
1. A worker is entitled to unilaterally terminate the employment contract with
prior notice to the employer as follows:
a) At least 45 days if working under an indefinite term employment contract.
b) At least 30 days if working under a definite term employment contract with a
duration from 12 to 36 months.
c) At least 03 working days if working under a definite term employment contract
with a duration of less than 12 months.
d) For a number of particular sectors, occupations and jobs, the period of prior
notification shall follow the Government’s regulations.
2. A worker is entitled to unilaterally terminate the employment contract
without prior notice in the following cases:
a) Not being assigned work or a workplace or not being provided with the agreed
working conditions, except for cases stipulated in Article 29 of this Code.

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b) Not being paid in full or on time, except for cases regulated in Clause 4 of
Article 97 of this Code.
c) Being maltreated, physically assaulted, or verbally or non-verbally insulted by
the employer, being subjected to any actions by the employer that affect the
health, dignity or honour of the worker, or being subjected to forced labour.
d) Being sexually harassed at the workplace.
dd) A female worker who is pregnant and elects to take leave consistent with
Clause 1 of Article 138 of this Code.
e) Reaching the retirement age as stipulated in Article 169 of this Code, unless
otherwise agreed by the parties.
g) The employer provides inaccurate information as stipulated in Clause 1 of
Article 16 of this Code that affects the implementation of the employment
contract.

Article 36. The right of an employer to unilaterally terminate an employment

contract
1. An employer is entitled to unilaterally terminate the employment contract in
the following cases:
a) The worker repeatedly fails to fulfil their work under the employment contract
as determined by the work performance criteria stipulated in the internal rules
of the employer. The employer issues the work performance assessment rules
but must consult with the grassroots workers’ representative organisation,
where such organisation exist.
b) A worker is sick or has an accident and remains unable to work after having
received treatment for a period of 12 consecutive months in the case of an
indefinite term employment contract, or for a period of 06 consecutive months
in the case of a definite term employment contract with a duration from 12 to
36 months, or for more than half of the duration of the contract in the case of a
definite term employment contract with a duration of less than 12 months.
When the worker recovers, the employer shall consider whether to continue to
conclude an employment contract with that worker.
c) In the event of a natural disaster, fire, epidemic, sabotage, or relocation or
downsizing of production or business activities upon the request of a competent
State agency where the employer has exhausted all possibilities and is forced to
downsize the workforce.
d) The worker does not present themselves at the workplace within the period
stipulated in Article 31 of this Code.
dd) The worker reaches retirement age as stipulated in Article 169 of this Code,

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unless otherwise agreed.
e) The worker is absent without justification for 05 or more consecutive working
days.
g) The worker provides inaccurate information as stipulated in Clause 2 of Article
16 of this Code when entering into the employment contract that affects the
recruitment of the worker.
2. When unilaterally terminating an employment contract in the cases stipulated
at points a, b, c, dd and g, Clause 1 of this Article, an employer must give prior
notice to the worker as follows:
a) at least 45 days in the case of an indefinite term employment contract.
b) at least 30 days in the case of a definite term employment contract with a
duration from 12 to 36 months.
c) at least 03 working days in the case of an employment contract with a duration
of less than 12 months, or in circumstances stipulated in point b, Clause 1 of this
Article.
d) For a number of specific sectors, occupations and jobs, the period of prior
notification shall follow the Government’s regulations.
3. When the employment contract is unilaterally terminated in line with points
d and e, Clause 1 of this Article, the employer is not obliged to notify the worker
in advance.

Article 37. Cases in which the employer is prohibited to unilaterally terminate an

employment contract
1. The worker is suffering from an illness, accident, or occupational disease and
is receiving treatment or care prescribed by a competent health institution,
except for the cases stipulated in point b, Clause 1 of Article 36 of this Code.
2. The worker is on annual leave, personal leave or any other type of leave
permitted by the employer.
3. The female worker is pregnant, or the worker is on parental leave or caring for
a child who is less than 12 months old.

Article 38. Withdrawal of unilateral termination of an employment contract

Each party is entitled to withdraw their unilateral termination of an employment
contract prior to the expiry of the notice period by a written notification,
provided that the withdrawal is agreed by the other party.

Article 39. Illegal unilateral termination of an employment contract

The unilateral termination of an employment contract is illegal in cases that are

17
inconsistent with Articles 35, 36 and 37 of this Code.

Article 40. Obligations of a worker who unilaterally terminates an employment

contract unlawfully
1. Not entitled to receive a severance allowance.
2. Required to compensate the employer with half of the monthly wage stated
in the employment contract and a monetary amount corresponding to the
worker’s wage for the number of days during which the required notice was not
given.
3. Required to reimburse the employer for training costs as stipulated in Article
62 of this Code.

Article 41. Obligations of employers who unilaterally terminate employment

contracts unlawfully
1. Required to reinstate the worker in accordance with the original employment
contract; to pay wages, social insurance, health insurance and unemployment
insurance for the period during which the worker was not allowed to work; and
to pay an additional monetary amount to the worker equivalent to at least 2
months’ wages as stipulated in the employment contract.
After being reinstated, the worker shall reimburse the employer the severance
allowance and job-loss allowance, if any, that were received from the employer.
In cases where the position or job specified in the employment contract is no
longer available but the worker wishes to continue working, both parties shall
reach an agreement to amend and supplement the employment contract.
In cases of violations of the notice period stipulated in Clause 2 of Article 36 of
this Code, the employer must pay a monetary amount equivalent to the wage as
stipulated in the employment contract that corresponds to the number of days
during which the notice was not given.
2. In cases where the worker does not wish to return to work, in addition to the
compensation stipulated in Clause 1 of this Article, the employer must pay the
severance allowance in accordance with Article 46 of this Code to terminate the
employment contract.
3. In cases where the employer does not wish to reinstate the worker and the
worker agrees, in addition to the compensation paid by the employer as
stipulated in Clause 1 of this Article and the severance allowance as stipulated in
Article 46 of this Code, the two parties shall negotiate additional compensation
equivalent to at least two months’ wages as stipulated in the employment
contract in order to terminate the employment contract.

Article 42. Obligations of employers in cases of structural or technological

18
change or due to economic reasons
1. The following cases are considered as structural or technological change:
a) Changes to the organisational structure or reorganisation of the workforce.
b) Changes to the production or business processes, technology, machinery or
equipment associated with the business or production sector or occupation of
the employer.
c) Changes to the product or product structure.
2. The following cases are considered as being due to economic reasons:
a) Economic crisis or recession.
b) Implementation of state policies and laws on restructuring the economy or on
realizing international commitments.
3. In cases where structural or technological change affects the employment of
multiple workers, employers must establish and implement a labour utilization
plan in accordance with Article 44 of this Code. In cases where there a new
position is available, priority shall be given to retraining the worker for continued
employment.
4. In cases where economic reasons create the risk of unemployment or job-loss
for multiple workers, the employer must establish and implement a labour
utilization plan in accordance with Article 44 of this Code.
5. In cases where the employer is unable to find a solution and has to lay off the
worker, the employer must pay a job-loss allowance in accordance with Article
47 of this Code.
6. Laying off a worker as stipulated in this Article shall only be implemented after
consulting with the grassroots workers’ representative organisation of which the
worker is a member if such organisation exist and notice is given 30 days in
advance to the provincial People’s Committee and the worker.

Article 43. Obligations of employers when dividing, splitting, merging,

consolidating, selling, leasing, converting or transferring the ownership or asset
usage rights of an enterprise or cooperative.
1. In cases where dividing, splitting, merging, consolidating, selling, leasing,
converting or transferring the ownership or asset usage rights of an enterprise
or cooperative affects the employment of multiple workers, the employer must
develop a labour utilization plan in accordance with Article 44 of this Code.
2. The current employer and successive employers are responsible to implement
the approved labour utilization plan.
3. Workers who are laid off receive a job-loss allowance as stipulated in Article
47 of this Code.

19
Article 44. Labour utilization plans
1. A labour utilization plan must include the following primary contents:
a) The quantity and names of the workers who will remain employed, those who
will be re-trained for continued employment and those who will be transferred
to part-time employment.
b) The quantity and names of workers who will retire.
c) The quantity and names of workers whose employment contracts will be
terminated.
d) The rights and obligations of the employer, the workers and related parties in
implementing the labour utilization plan.
dd) The measures and financial resources for ensuring the implementation of
the plan.
2. When developing the labour utilization plan, the employer must consult the
workers’ representative organisation at the grassroots level in places where such
an organisation exists. The labour utilization plan must be made publicly
available to the workers within 15 days from the date of approval.

Article 45. Notification for termination of employment contract

1. An employer must notify a worker in writing regarding termination of their
employment contract as stipulated in this Code, except for cases stipulated in
Clauses 4, 5, 6 7 and 8 of Article 34 of this Code.
2. In cases where the employer, that is not an individual, officially ceases
operation, the date of termination of the employment contract will be calculated
from the date of announcing the cessation of operations.
In cases where the employer, that is not an individual, is declared by the business
registration agency under the provincial People's Committee to have no legal
representative or competent person with the rights and obligations of a legal
representative according to Clause 7 of Article 34 of this Code, the employment
contract will be calculated from the date of this declaration.

Article 46. Severance allowance

1. In cases where an employment contract is terminated according to the
stipulations in Clauses 1, 2, 3, 4, 6, 7, 9 and 10 of Article 34 of this Code, the
employer is responsible for paying severance allowance to workers who have
worked regularly for the employer for a period of 12 months or more. An amount
of half the monthly wage is payable for each year of work, except for workers
who are eligible to receive a pension as stipulated in the law on social insurance
and cases stipulated in point e, Clause 1 of Article 36 of this Code.
2. The period of work to be used for calculating the severance allowance is the

20
total period during which the worker actually worked minus the period in which
the worker participated in the unemployment insurance scheme in accordance
with the law on unemployment insurance and the period for which the employer
has already paid the severance allowance or job-loss allowance.
3. The reference wage for the calculation of the severance allowance is the
average of the wage stipulated in the employment contract for the 06 months
preceding the termination of the employment contract.
4. The Government shall provide details for this Article.

Article 47. Job-loss allowance

1. The employer shall pay a job-loss allowance to the worker who has worked on
a regular basis for the employer for at least full 12 months and whose
employment contract is terminated according to Clause 11 of Article 34 of this
Code. The job-loss allowance is one month’s wage for each year of employment,
and shall not be lower than two months’ wages.
2. The qualifying period of work for the calculation of job-loss allowance is the
total period during which the worker de facto worked with the employer minus
the period during which the worker participated in the unemployment insurance
scheme, in accordance with the law on unemployment insurance and the
employment period for which the worker has been paid the severance
allowance, job-loss allowance by the employer.
3. The reference wage for the calculation of job-loss allowance is the average of
06 months’ wage stipulated in the employment contract preceding the
termination of the employment contract.
4. The Government shall provide details for this Article.

Article 48. Responsibilities when terminating an employment contract

1. Within 14 working days from the termination of the employment contract, the
two parties are responsible for making all payments related to the rights and
interests of each party, except in the following cases where this time limit may
be extended for up to 30 days:
a) The employer that is not an individual ceases operations.
b) Structural or technological changes or due to the employer’s economic
reasons.
c) Dividing, splitting, merging, consolidating, selling, leasing, converting or
transferring the ownership or asset usage rights of an enterprise or a
cooperative.
d) Natural disaster, fire, sabotage or dangerous epidemic.
2. Wages, social insurance, health insurance, unemployment insurance,

21
severance allowance and other rights and interests of workers as regulated in
collective bargaining agreements and employment contracts shall be prioritized
for payment in cases where an enterprise or cooperative ceases operations or is
dissolved or declared bankrupt.
3. Employers are responsible for:
a) Completing the process to certify the duration within which social insurance
and unemployment insurance contributions were made and returning this
together with the other original documents of the worker that they are keeping.
b) Providing copies of all documents relating to the worker’s working period
upon the request of the worker. The cost of copying and sending such
documents shall be borne by the employer.

Section 4

INVALID EMPLOYMENT CONTRACTS

Article 49. Invalid employment contracts

1. An employment contract is entirely invalid in the following cases:
a) The entire contents of the employment contract violate the law.
b) The employment contract is concluded by a person without due competence,
or by a person who violates the principles for concluding an employment
contract as stipulated in Clause 1 of Article 15 of this Code.
c) The work described in the employment contract is prohibited by the law.
2. Part of an employment contract is invalid when the contents of that part
violate the law without affecting the remaining contents of the employment
contract.

Article 50. Authority to declare employment contracts invalid

The People’s Court has the right to declare an employment contract invalid.

Article 51. Dealing with invalid employment contracts

1. Where part of an employment contract is declared invalid, it shall be dealt
with as follows:
a) The rights, obligations and benefits of the two parties shall be settled in
accordance with the applicable collective bargaining agreement or the
provisions of the law where there is no collective bargaining agreement.
b) The two parties shall amend and supplement the invalid part of the
employment contract in accordance with the collective bargaining agreement or
the labour law.

22
2. Where an employment contract is declared entirely invalid, the rights,
obligations and interests of the worker shall be settled in accordance with the
law. In cases of signing by a party without due competence, the two parties shall
re-sign the contract.
3. The Government shall provide details for this Article.

Section 5

LABOUR DISPATCH

Article 52. Labour dispatch

1. Labour dispatch is defined as an act in which a worker enters into an
employment contract with an employer who is a labour dispatch enterprise
whereby the worker is assigned to work for and under the management of
another employer while maintaining the labour relationship with the employer
with whom the employment contract was signed.
2. Labour dispatch is a conditional business sector; it may only be conducted by
enterprises that have a Labour Dispatch License and applies only to certain types
of work.

Article 53. Labour dispatch principles

1. The maximum duration of labour dispatch for a worker shall be 12 months.
2. The hiring party may utilise dispatched worker in the following cases:
a) To temporarily respond to a sudden increase in labour demand during a
certain period of time.
b) To replace workers who are taking parental leave, have had a work accident
or occupational disease, or are fulfilling civil obligations.
c) When there is a need to employ highly qualified technical workers.
3. The hiring party is prohibited to employ dispatch labour in the following cases:
a) To replace a worker who is exercising the right to strike or is settling a labour
dispute.
b) When there is no specific agreement with the labour dispatch enterprise
regarding the responsibility to compensate the dispatched worker in case of a
work accident or occupational disease.
c) To replace workers who are laid off due to structural or technological changes
or because of economic reasons or dividing, splitting, merging or consolidating.
4. The hiring party shall not transfer the dispatched worker to another employer
and shall not employ a dispatched worker supplied by an unlicensed labour
dispatch enterprise.

23
Article 54. Labour dispatch enterprises
1. A labour dispatch enterprise must pay a deposit and have a Labour Dispatch
License.
2. The Government shall specify the deposit, conditions and procedures for
issuing, re-issuing, renewing and revoking labour dispatch licenses, and the list
of allowable jobs for labour dispatch.

Article 55. Labour dispatch contracts

1. The labour dispatch enterprise and the hiring party must conclude a written
labour dispatch contract and make 02 copies, with each party keeping 01 copy.
2. A labour dispatch contract shall include the following primary contents:
a) The place of work, position to be filled by the dispatched worker, detailed
description of the work, and detailed requirements for the dispatched worker.
b) The labour dispatch duration and starting date of the dispatched worker.
c) The working time, rest periods and occupational safety and health conditions
at the workplace.
d) The responsibility to compensate for work accidents and occupational
diseases.
dd) The obligations of each party with regard to the dispatched worker.
3. The labour dispatch contract shall not include any agreement on the rights or
benefits of the worker that are less favourable than those stipulated in the
employment contract concluded between the labour dispatch enterprise and
the worker.

Article 56. Rights and obligations of the labour dispatch enterprise

Apart from the rights and obligations regulated in Article 6 of this Code, the
labour dispatch enterprise has the following rights and obligations:
1. To ensure the dispatch of a worker who meets the requirements of the hiring
party and the contents of the employment contract signed with the worker.
2. To inform the dispatched worker of the contents of the labour dispatch
contract.
3. To inform the hiring party of the curriculum vitae and requirements of the
dispatched worker.
4. To ensure that the wage of the dispatched worker is not lower than the wage
of a similarly qualified regular worker of the hiring party who performs the same
work or work of equal value.
5. To keep records of the number of dispatched workers and the hiring parties,

24
and to report periodically to the specialized labour agency of the Provincial
People’s Committee.
6. To handle labour discipline of the dispatched worker in cases where the hiring
party returns the worker due to a labour discipline violation.

Article 57. Rights and obligations of the hiring party

1. To inform and guide the dispatched worker regarding the internal work
regulations and other regulations.
2. Not to discriminate against the dispatched workers with respect to working
conditions in comparison with its regular workers.
3. To reach an agreement with the dispatched worker on working at night or
working overtime as stipulated in this Code.
4. To reach an agreement with the dispatched worker and the dispatch
enterprise to officially recruit the worker in cases when the employment
contract between the dispatched worker and the dispatch enterprise has not yet
terminated.
5. To return the dispatched worker who does not meet the agreed requirements
or who violates labour discipline to the dispatch enterprise.
6. To provide the evidence of violation of labour discipline by the dispatched
worker to the dispatch enterprise for disciplinary action.

Article 58. Rights and obligations of the dispatched worker

Apart from the rights and obligations stipulated in Article 5 of this Code, the
dispatched worker has the following rights and obligations:
1. To perform the work in accordance with the employment contract concluded
with the labour dispatch enterprise.
2. To comply with the internal work regulations, labour disciplinary regulations
and lawful management and supervision of the hiring party.
3. To be paid an amount no lower than the wage of a similarly qualified regular
worker of the hiring party who performs the same work or work of equal value.
4. To make complaints to the dispatch enterprise in case the hiring party violates
the agreements in the labour dispatch contract.
5. To reach an agreement to terminate the employment contract with the
dispatch enterprise in order to conclude an employment contract with the hiring
party.

CHAPTER IV

VOCATIONAL EDUCATION AND TRAINING AND SKILLS DEVELOPMENT

25
Article 59. Vocational training and skills development
1. The worker has the freedom to choose vocational training, to participate in
the national occupational skills assessment and recognition, and to develop their
professional capacity, appropriate to the requirements of their work and their
capacity.
2. The State has policies to encourage eligible employers to provide vocational
training and skills development for their current workers and other workers in
the society through the following activities:
a) Establishing vocational education and training institutions or organising
vocational training classes at the workplace in order to train, retrain, develop
and improve workers’ occupational qualifications, and collaborating with
vocational education and training institutions to provide training at elementary,
intermediate and college levels and other occupational training programs in
accordance with the law.
b) Organising occupational skills tests for workers, participating in the Sectoral
Skills Council, forecasting demands and developing occupational skills standards,
organising occupational skills assessment and recognition, and developing the
professional capacity of workers.

Article 60. Responsibilities of employers with respect to training, developing and

improving occupational qualifications and skills
1. Employers formulate annual training plans and set aside funds for training,
developing and improving occupational qualifications and skills for their
workers, and train their workers before reassigning them to other work.
2. Annually, employers notify the results of training, developing and improving
occupational qualifications and skills to the specialized labour agency of the
Provincial People’s Committee.

Article 61. Apprenticeship or internship in order to work for the employer

1. Apprenticeship in order to work for the employer is where an employer
recruits an individual to provide them with vocational training at the workplace.
The apprenticeship period of the training program at each level complies with
the Law on Vocational Education and Training.
2. Internship in order to work for the employer is where an employer recruits an
individual to guide them on work or professional practice for a particular position
at the workplace. The duration of an internship shall not exceed 03 months.
3. An employer who recruits apprentices or interns is not required to register for
vocational education and training activities, must not charge tuition fees, and
must sign a training contract in line with the Law on Vocational Education and
Training.

26
4. An apprentice or intern must be at least 14 years of age and must meet the
health requirements of the apprenticeship or internship. Persons undertaking
internships or apprenticeships on the list of heavy, hazardous and harmful or
extremely heavy, hazardous and harmful occupations issued by the Minister of
Labour - Invalids and Social Affairs must be at least 18 years of age, except in the
fields of the arts and sports.
5. During the apprenticeship or internship period, if the apprentice or intern
directly carries out or participates in work, the employer shall pay them at a rate
agreed upon by the two parties.
6. Upon the expiry of the apprenticeship or internship period, the two parties
must sign an employment contract if all conditions stipulated in this Code are
met.

Article 62. Vocational training contracts between employers and workers and
vocational training costs
1. The two parties must conclude a vocational training contract in cases where
the worker receives training to improve their occupational qualifications and
skills or retraining, either domestically or abroad, at the expense of the
employer, including where the expense is sponsored by a partner of the
employer.
The vocational training contract must be made into 02 copies, with each party
keeping 01 copy.
2. Vocational training contracts must contain the following primary contents:
a) The training occupation.
b) The location and duration of the training and the wages to be paid during the
training period.
c) The duration that the worker commits to work after having been trained.
d) The training expenses and the responsibility to refund the training expenses.
e) The responsibilities of the employer.
f) The responsibilities of the worker.
3. Training expenses include expenses accompanied with valid documents
proving the payments for trainers, learning materials, training locations, classes,
machines, equipment, practical materials and other supporting expenses for the
trainee as well as wages and social insurance, health insurance and
unemployment insurance contributions paid for the trainee during the training
period. In cases where the worker is sent abroad for training, training expenses
include travel expenses and living expenses during the training period.

CHAPTER V

27
 WORKPLACE DIALOGUE, COLLECTIVE BARGAINING AND COLLECTIVE
BARGAINING AGREEMENTS

Section 1

WORKPLACE DIALOGUE

Article 63. Organisation of workplace dialogue

1. Workplace dialogue is the sharing of information, consultation, discussion and
exchange of opinions between employers and workers or workers’
representative organisations on issues related to the rights, interests, and
concerns of the parties at the workplace in order to strengthen understanding,
cooperation and joint efforts to reach mutually beneficial solutions.
2. The employer must organise workplace dialogue in the following cases:
a) Periodic dialogues at least once per year.
b) Upon the request of either or both parties.
c) In cases regulated in point a, Clause 1 of Article 36; Articles 42, 44, 93, 104 and
118; and Clause 1 of Article 128 of this Code.
3. Employers and workers or workers’ representative organisations are
encouraged to conduct dialogue in cases other than those regulated in Clause 2
of this Article.
4. The Government shall regulate the organisation of dialogue and
implementation of grassroots democracy at the workplace.

Article 64. Issues for workplace dialogue

1. The compulsory issues for dialogue as stipulated in point c, Clause 2 of Article
63 of this Code.
2. Apart from the issues stipulated in Clause 1 of this Article, the parties may
select one or more of the following issues for dialogue:
a) The production and business situation of the employer.
b) Implementation of employment contracts, collective bargaining agreements,
internal work regulations or other regulations, commitments and agreements at
the workplace.
c) Working conditions.
d) Worker and workers’ representative organisations requests to the employer.
dd) Employers’ requests to workers and workers’ representative organisations.
e) Other issues of concern to one or both parties.

28
 Section 2

COLLECTIVE BARGAINING

Article 65. Collective bargaining

Collective bargaining is the negotiation between one side comprised of one or
more workers’ representative organisations and one side comprised of one or
more employers or employers’ representative organisations in order to establish
working conditions, to regulate the relations between the parties, and to
develop progressive, harmonious and stable labour relations.

Article 66. Principles of collective bargaining

Collective bargaining is carried out on the basis of the principles of voluntariness,
cooperativeness, good faith, equality, openness and transparency.

Article 67. Issues for collective bargaining

The bargaining parties may choose one or more of the following issues for
collective bargaining:
1. Wages, allowances, wage increases, bonuses, meals and other conditions.
2. Work norms, working times, rest periods, overtime work and breaks during
shifts.
3. Worker’s employment security.
4. Ensuring occupational safety and health, and the implementation of internal
work regulations.
5. Conditions and facilities for activities of workers’ representative organisations,
and relations between employers and workers’ representative organisations.
6. Mechanisms and measures to prevent and settle labour disputes.
7. Ensuring gender equality, parental protection and annual leave, and
preventing violence and sexual harassment at the workplace.
8. Other issues of concern to one or both parties.

Article 68. Right to collective bargaining of workers’ representative organisations

at the grassroots level in enterprises
1. A workers’ representative organisation at the grassroots level has the right to
request collective bargaining once it meets the required minimum membership
rate out of the total number of workers in the enterprise as stipulated by the
Government.
2. In cases where there are several workers’ representative organisations at an
enterprise meeting the conditions set out in Clause 1 of this Article, the

29
organisation with the largest membership in the enterprise shall have the right
to request collective bargaining. Other workers’ representative organisations at
the grassroots level may participate in the collective bargaining process upon the
consent of the workers’ representative organisation that has the right to request
collective bargaining.
3. In cases where there are several workers’ representative organisations at an
enterprise but no organisation meets the conditions stipulated in Clause 1 of
this Article, such organisations have the right to voluntarily join together for the
purpose of requesting collective bargaining, provided that their combined
membership reaches the minimum membership rate as stipulated in Clause 1 of
this Article.
4. The Government shall regulate the resolution of disputes between related
parties regarding the right to collective bargaining.

Article 69. Representatives of the parties to collective bargaining at an enterprise

1. The number of collective bargaining participants from each party will be
agreed by the parties.
2. The composition of collective bargaining participants of each party will be
determined by that party.
In cases where the worker’s side has multiple workers’ representative
organisations participating in collective bargaining as stipulated in Clause 2 of
Article 68 of this Code, the representative organisation that has the right to
request collective bargaining shall decide the number of representatives of each
organisation to participate in the collective bargaining.
In cases where the worker’s side has multiple workers’ representative
organisations participating in collective bargaining as stipulated in Clause 3 of
Article 68 of this Code, the number of representatives of each organisation
participating in collective bargaining shall be agreed upon by those
organisations. In cases where no agreement can be reached, the number of
representatives of each organisation shall reflect the number of its members in
proportion to the total number of members of all organisations.
3. Each party to collective bargaining has the right to invite their higher-level
organisation to designate participants as bargaining representatives, and the
other parties cannot refuse their involvement. The number of collective
bargaining representatives of each party shall not exceed the number stipulated
in Clause 1 of this Article, unless otherwise agreed upon by the other party.

Article 70. Collective bargaining process at the enterprise level

1. Upon the request for collective bargaining from a workers’ representative
organisation at the grassroots level that has the right to request collective

30
bargaining as stipulated in Article 68 of this Code or from the employer, the
recipient party shall not refuse to negotiate.
Within 07 working days upon the receipt of the request and the issues for
bargaining, the parties shall agree on the venue and commencement date for
collective bargaining.
The employer is responsible for arranging for the time, venue and other
necessary conditions for collective bargaining sessions.
The commencement date shall not be later than 30 days after the receipt of the
collective bargaining request.
2. The duration of the collective bargaining shall not be more than 90 days from
the commencement date, unless otherwise agreed upon by the parties.
The period during which the representatives from the workers’ side participate
in collective bargaining sessions shall be considered as paid working time. In
cases where the worker is a member of a workers’ representative organisation
that is participating in the collective bargaining sessions, the period during which
the worker participates in such sessions shall not be included in the period
stipulated in Clause 2 of Article 176 of this Code.
3. During the collective bargaining process, if requested by the representative of
the workers' side, within 10 days from the date of receiving such a request, the
employer’s side is responsible to provide information on the situation of
production and business operations and other information directly related to the
collective bargaining issues at the enterprise level in order to facilitate the
collective bargaining, except for information related to business or technological
secrets of the employer.
4. Workers’ representative organisations at the grassroots level have the right to
organise discussions with and obtain feedback from workers regarding the
contents, approach and results of the collective bargaining process.
Workers’ representative organisations at the grassroots level shall determine
the time, venue and method of organising discussions and obtaining feedback
provided that the enterprise’s normal production and business operations are
not affected.
The employer shall not obstruct, prevent or interfere with the process by which
workers’ representative organisations organise discussions and obtain feedback
from the workers.
5. Collective bargaining meetings must be recorded in minutes that shall specify
agreed and disputed items. The collective bargaining minutes must be signed by
the representatives of the parties to the collective bargaining and the person
preparing the minutes. The workers’ representative organisation at the
grassroots level shall announce and publicize the minutes of the collective

31
bargaining to all workers.

Article 71. Unsuccessful collective bargaining

1. Following situations shall be considered to be cases of unsuccessful collective
bargaining:
a) Either of the parties refuses to negotiate or does not proceed with the
negotiation within the time limit stipulated in Clause 1 of Article 70 of this Code.
b) The parties do not reach an agreement within the time limit stipulated in
Clause 2 of Article 70 of this Code.
c) Prior to the expiry of the time limit stipulated in Clause 2 of Article 70 of this
Code, the parties jointly confirm and declare that the collective bargaining has
not reached an agreement.
2. When collective bargaining is unsuccessful, the negotiating parties may
initiate labour dispute resolution procedures according to the provisions of this
Code. The workers’ representative organisation shall not initiate a strike while
labour dispute resolution procedures are in process.

Article 72. Sectoral and multi-enterprise collective bargaining

1. The principles and contents of sectoral collective bargaining and multi-
enterprise collective bargaining shall comply with Articles 66 and 67 of this Code.
2. The procedures for conducting sectoral collective bargaining and multi-
enterprise collective bargaining shall be determined and agreed by the
concerned parties, including the agreement to conduct collective bargaining
through a Collective Bargaining Council as stipulated in Article 73 of this Code.
3. In cases of sectoral collective bargaining, the collective bargaining
representatives shall be decided by the sectoral trade union and sectoral
employers’ organisation.
In cases of multi-enterprise collective bargaining, the collective bargaining
representatives for each party shall be decided on a voluntary and agreed basis.

Article 73. Multi-enterprise collective bargaining through a Collective Bargaining

Council
1. Based on consensus, the parties involved in multi-enterprise collective
bargaining may request the Provincial People’s Committee in the location where
the participating enterprises are headquartered, or a location selected by all
parties in cases where the participating enterprises are headquartered in
multiple provinces and centrally-administered cities, to establish a Collective
Bargaining Council for the purpose of conducting collective bargaining.
2. Upon receiving the request from the parties involved in multi-enterprise

32
collective bargaining, the respective People’s Committee shall establish a
Collective Bargaining Council to organise the collective bargaining. The members
of the Collective Bargaining Council shall include:
a) A Council Chairperson determined by the concerned parties, responsible for
coordinating the activities of the Collective Bargaining Council and supporting
collective bargaining by the parties.
b) Collective bargaining representatives nominated by each party. The number
of representatives to participate in the Council for each party shall be agreed by
the parties.
c) Representatives of the Provincial People’s Committee.
3. The Collective Bargaining Council conducts collective bargaining upon the
request of the parties and terminates its operations automatically following the
signing of the multi-enterprise collective bargaining agreement or upon
agreement of the parties.
4. The Minister of the Ministry of Labour - Invalids and Social Affairs shall
stipulate the functions, duties and operations of the Collective Bargaining
Council.

Article 74. Responsibilities of Provincial People’s Committees in collective

bargaining
1. To organise training on collective bargaining skills for the parties participating
in collective bargaining.
2. To develop and provide information and data on socio-economic issues, the
labour market and labour relations for the purpose of supporting and promoting
collective bargaining.
3. To assist the collective bargaining parties to reach an agreement in the process
of collective bargaining proactively or upon the request of both parties. In case
no request is made, proactive support shall only be provided by the Provincial
People's Committee with the agreement of the parties.
4. To establish the Collective Bargaining Council upon request from the parties
to multi-enterprise collective bargaining as stipulated in Article 73 of this Code.

Section 3

COLLECTIVE BARGAINING AGREEMENTS

Article 75. Collective bargaining agreements

1. A collective bargaining agreement is an agreement reached through collective
bargaining and concluded in writing by the parties.

33
Collective bargaining agreements include collective bargaining agreements at
the enterprise level, sectoral collective bargaining agreements, multi-enterprise
collective bargaining agreements and other types of collective bargaining
agreements.
2. The contents of collective bargaining agreements shall not be contrary to the
law; it is encouraged that they provide more favourable provisions for workers
than those stipulated in the law.

Article 76. Obtaining opinions and concluding collective bargaining agreements

1. Prior to signing an enterprise-level collective bargaining agreement, opinions
must be obtained from all workers in the enterprise on the draft collective
bargaining agreement negotiated by the parties. An enterprise-level collective
bargaining agreement shall be signed only when more than 50% of workers in
the enterprise vote in favour.
2. For sectoral collective bargaining agreements, opinions shall be obtained from
all members of the leadership committees of the workers’ representative
organisations in the enterprises participating in the negotiation. A collective
bargaining agreement at the sectoral level shall be signed only when more than
50% of those whose opinions are obtained vote in favour.
For multi-enterprise collective bargaining agreements, opinions shall be
obtained from all workers in the enterprises participating in the negotiation or
all members of the leadership committees of the workers’ representative
organisations in the enterprises participating in the negotiation. Only enterprises
with more than 50% of those whose opinions are obtained voting in favour may
join a multi-enterprise collective bargaining agreement.
3. The time, venue and method of obtaining opinions through voting on the draft
collective bargaining agreement shall be determined by the workers’
representative organisation(s), but must not affect the normal production and
business activities of the enterprise. The employer shall not obstruct, prevent or
interfere with the organisation of voting on the draft agreement by the workers’
representative organisation(s).
4. Collective bargaining agreements shall be signed by the lawful representatives
of the negotiating parties.
In cases where a multi-enterprise collective bargaining agreement is negotiated
via a Collective Bargaining Council, it shall be signed by the Chairperson of the
Collective Bargaining Council and the lawful representatives of the negotiating
parties.
5. The collective bargaining agreement must be given to each signing party and
to the specialized labour agency of the Provincial People’s Committee as
stipulated in Article 77 of this Code.

34
For sectoral or multi-enterprise collective bargaining agreements, each
employer and each workers’ representative organisation at each of the
enterprises involved in the collective bargaining must receive 01 copy.
6. Upon the conclusion of a collective bargaining agreement, the employer must
make the collective bargaining agreement publicly available to their workers.
7. The Government shall stipulate the details of this Article.

Article 77. Submission of collective bargaining agreements

Within 10 days from the date of signing a collective bargaining agreement, the
employers participating in the agreement must submit a copy of the collective
bargaining agreement to the specialized labour agency of the Provincial People’s
Committee where the enterprise is headquartered.

Article 78. Validity and duration of collective bargaining agreements

1. The effective date of a collective bargaining agreement shall be agreed upon
by the parties and indicated in the agreement. In cases where the effective date
is not indicated, the agreement takes effect from the date of signing.
After the collective bargaining agreement enters into force, it must be
respectfully implemented by the parties.
2. Enterprise-level collective bargaining agreements shall apply to the employer
and all workers of the enterprise. Sectoral collective bargaining agreements and
multi-enterprise collective bargaining agreements shall apply to all employers
and workers of the enterprises involved in the collective bargaining agreement.
3. Collective bargaining agreements may have a duration ranging from 01 to 03
years. The specific duration shall be agreed upon by the parties and indicated in
the collective bargaining agreement. The parties have the right to agree on
different durations for specific issues in the collective bargaining agreement.

Article 79. Implementation of enterprise-level collective bargaining agreements

1. The employer and the workers, including those employed after the collective
bargaining agreement has come into effect, are obliged to fully implement the
collective bargaining agreement while it is effective.
2. In cases where the rights, responsibilities and interests of the parties under an
employment contract concluded before the effective date of the collective
bargaining agreement are less favourable than those stipulated in the collective
bargaining agreement, the collective bargaining agreement shall prevail.
Regulations of the employer that are not in compliance with the collective
bargaining agreement must be amended accordingly. While the amendment is
pending, the relevant provisions of the collective bargaining agreement shall
apply.

35
3. Where either party considers that the other party is not fully complying with
or is violating the provisions of a collective bargaining agreement, the former has
the right to request the latter to fully comply with the agreement, and both
parties are responsible to jointly consider and resolve the matter. In cases where
resolution fails, either party has the right to request for collective labour dispute
resolution in accordance with the law.

Article 80. Implementation of enterprise-level collective bargaining agreements

in cases of dividing, splitting, merging, consolidating, selling, leasing, converting
or transferring the ownership or asset usage rights of an enterprise or
cooperative
1. In cases of dividing, splitting, merging, consolidating, selling, leasing,
converting or transferring the ownership or asset usage rights of an enterprise
or cooperative, the succeeding employer and the workers’ representative
organisation with the right to bargain as stipulated in Article 68 of this Code may,
on the basis of the labour utilization plan, choose to continue implementing,
amend or supplement the old collective bargaining agreement or to negotiate in
order to conclude a new collective bargaining agreement.
2. In cases where a collective bargaining agreement ceases to be effective due
to the employer terminating operations, the rights and interests of the workers
shall be dealt with in accordance with the law.

Article 81. Relationship between enterprise-level collective bargaining

agreements, sectoral collective bargaining agreements and multi-enterprise
collective bargaining agreements
1. In cases where an enterprise-level collective bargaining agreement, a multi-
enterprise collective bargaining agreement and a sectoral collective bargaining
agreement stipulate different rights, obligations and interests for workers, the
contents that are most beneficial for the workers shall be implemented.
2. An enterprise that is covered by a sectoral or multi-enterprise collective
bargaining agreement but has not yet concluded an enterprise-level collective
bargaining agreement may establish an enterprise-level collective bargaining
agreement that has more favourable contents for workers than those stipulated
in the sectoral or multi-enterprise collective bargaining agreement.
3. Enterprises that have not yet participated in a sectoral or multi-enterprise
collective bargaining agreement are encouraged to implement the contents of
the sectoral or multi-enterprise collective bargaining agreement that are more
favourable for workers.

Article 82. Amending and supplementing collective bargaining agreements

1. A collective bargaining agreement shall only be amended or supplemented

36
upon voluntary agreement of the parties through collective bargaining.
Amending or supplementing a collective bargaining agreement is implemented
in the same way as negotiating and concluding the collective bargaining
agreement.
2. In cases where a change in legal provisions results in a collective bargaining
agreement no longer being in alignment with the law, the parties must revise or
amend the collective bargaining agreement to be in alignment with the law.
During the revision process, matters concerning the rights and interests of the
workers shall follow the law.

Article 83. Expiry of collective bargaining agreements

Within a period of 90 days prior to the expiry date of a collective bargaining
agreement, the parties may negotiate to extend its duration or to enter into a
new collective bargaining agreement. In cases where the parties agree to extend
the duration of a collective bargaining agreement, they must obtain opinions as
stipulated in Article 76 of this Code.
Where the collective bargaining agreement expires while negotiation is still in
process, the old collective bargaining agreement shall continue to be
implemented for a period of up to 90 days from the date of expiration, unless
otherwise agreed by the parties.

Article 84. Extending the coverage of a sectoral or multi-enterprise collective

bargaining agreement
1. When a sectoral or multi-enterprise collective bargaining agreement covers
more than 75% of the workforce or more than 75% of the enterprises in the same
sector, occupation or field within an industrial zone, economic zone, export
processing zone or high-tech park, the employers or the workers’ representative
organisations in the area may request the authorised state authority to extend
the collective bargaining agreement, either in part or in whole, to enterprises in
the same sector, occupation or field within the industrial zone, economic zone,
export processing zone or high-tech park.
2. The Government shall provide details for Clause 1 of this Article, and shall
regulate the sequence, procedures and authority to decide on extending the
scope of application of collective bargaining agreements as specified in Clause 1
of this Article.

Article 85. Participating in and withdrawing from a sectoral or multi-enterprise

collective bargaining agreement
1. An enterprise may only join a sectoral or multi-enterprise collective bargaining
agreement upon the consensus of all employers and workers’ representative
organisations at the enterprises that are members of such collective bargaining

37
agreement, except in cases stipulated in Clause 1 of Article 84 of this Code.
2. An enterprise that is a party to a sectoral or multi-enterprise collective
bargaining agreement may only withdraw from that collective bargaining
agreement with the consensus of all employers and of all workers’
representative organisations at the enterprises that are parties to such collective
bargaining agreement, except in cases where an enterprise is suffering from
particular difficulties in its production and business operations.
3. The Government shall provide details for this Article.

Article 86. Invalid collective bargaining agreements

1. A collective bargaining agreement is partially invalid when one or more of its
contents violate the law.
2. A collective bargaining agreement is entirely invalid in any of the following
circumstances:
a) The entire contents of the collective bargaining agreement violate the law.
b) It was concluded by a person without due competence.
c) The correct procedures for negotiating and concluding the collective
bargaining agreement were not applied.

Article 87. Authority to declare collective bargaining agreements invalid

The People’s Court has the right to declare a collective bargaining agreement
invalid.

Article 88. Dealing with invalid collective bargaining agreements

When a collective bargaining agreement is declared invalid, the rights,
obligations and interests of parties specified in the entirety or the part of the
collective bargaining agreement that is declared invalid shall be resolved in
accordance with the provisions of the law and with the lawful agreements in the
employment contract.

Article 89. Costs for negotiating and concluding collective bargaining agreements
All costs for negotiating, concluding, amending, supplementing, submitting and
announcing a collective bargaining agreement shall be paid by the employer’s
side.

CHAPTER VI

WAGES

Article 90. Wages

38
1. Wages are a monetary amount paid by an employer to a worker under an
agreement to perform work, including remuneration that is based on the work
or position as well as wage allowances and additional payments.
2. Remuneration based on the work or position shall not be lower than the
minimum wage.
3. Employers must ensure equal pay for work of equal value without
discrimination based on sex.

Article 91. The minimum wage

1. The minimum wage is the minimum amount of remuneration to be paid to a
worker performing the simplest work in normal working conditions in order to
ensure the minimum living standard of the worker and their family, in
accordance with the socio-economic development conditions.
2. The minimum wage is determined by the regions and fixed on a monthly and
hourly basis.
3. The minimum wage is adjusted based on the minimum living standard of a
worker and their family, the correlation between the minimum wage and wages
in the labour market, the consumption price index and the economic growth
rate, the relationship between labour supply and demand, employment and
unemployment, labour productivity, and the capacity of the enterprises to pay.
4. The Government shall provide details for this Article, and decide and
announce the minimum wage based on the recommendation of the National
Wage Council.

Article 92. The National Wage Council

1. The National Wage Council is an advisory body to the Government on the
minimum wage and wage policies for workers.
2. The Prime Minister establishes the National Wage Council, which is composed
of representatives of the Ministry of Labour - Invalids and Social Affairs, the Viet
Nam General Confederation of Labour, a number of employers’ representative
organisations at the central level, and independent experts.
3. The Government shall stipulate the functions, mandate, organisational
structure and operations of the National Wage Council.

Article 93. Development of wage scales, wage tables and work norms
1. Employers must develop wage scales, wage tables and work norms as a basis
for the recruitment and employment of workers, for the negotiation of work-
based or position-based wages to be specified in the employment contract, and
for wage payments to workers.

39
2. Work norms must be an average level that the majority of workers can carry
out without lengthening normal working hours and must be tested before official
application.
3. In developing wage scales, wage tables and work norms, employers must
consult workers’ representative organisations at the grassroots level in places
where such organisations exist.
Wage scales, wage tables and work norms must be made publicly available at
the workplace prior to implementation.

Article 94. Principles for wage payments

1. An employer must make wage payments to a worker directly, fully and on
time. In cases where the worker is not able to directly receive the wage payment,
the employer may make the wage payment to a person legally authorised by the
worker.
2. An employer shall not restrict or interfere in a worker’s decisions on spending
their wages, and shall not coerce workers to spend their wages buying goods or
services of the employer or of other parties designated by the employer.

Article 95. Wage payments

1. Employers shall make wage payments to workers based on the agreed wages,
labour productivity and quality of work performance.
2. Wages shall be stated in the employment contract and paid to workers in
Vietnamese Dong; a foreign currency may be used in cases where workers are
foreigners working in Viet Nam.
3. For each wage payment, employers must give the worker a wage statement
that clearly indicates the wage rate, the overtime rate, the night work rate and
the reason and amount of all deductions (if any).

Article 96. Forms of wage payment

1. The employer and the worker shall agree the form of wage payment by time,
by piece rate or by piece work.
2. Wages may be paid in cash or into the worker’s personal bank account.
In cases where wages are paid into a worker’s personal bank account, all costs
related to opening the bank account and transferring the wages must be borne
by the employer.
3. The Government shall provide details for this Article.

Article 97. Timing of wage payments

1. Workers who receive an hourly, daily or weekly wage shall be paid upon the

40
completion of the hour, day or week of work, or paid in a lump sum as agreed by
the two parties provided that the lump sum payment period must not exceed 15
days.
2. Workers who receive a monthly wage shall be paid once every month or once
every half month. The timing of wage payments shall be agreed by the two
parties and must be fixed according to the cyclical period.
3. Workers who receive wages by piece work or by piece rate shall be paid as
agreed by the two parties. If the work requires a number of months for
completion, the worker is entitled to a monthly wage payment advance for the
work completed during the month.
4. In cases due to force majeure where the employer has taken all possible
measures but timely payment is not possible, the delay in wage payment must
not exceed 30 days. If the payment is delayed by 15 days or more, the employer
must compensate the worker a monetary amount at least equal to the interest
on the deferred payment, calculated according to the applicable deposit interest
rate for 01 month announced by the bank at which the enterprise has the wage
payment account at the time of payment.

Article 98. Wages for overtime work and night work

1. Workers who perform overtime work are entitled to the wage payment
calculated based on the wage unit for piece work or piece rate or the actual
wages for the work that is being done as follows:
a) On regular days, equal to at least 150%.
b) On the weekly days off, equal to at least 200%.
c) On public holidays, New Year holidays and paid leave days, equal to at least
300%, excluding the wage for public holidays, New Year holidays and paid leave
days if the worker receives a daily wage.
2. Workers who perform work at night are entitled to an additional amount of at
least 30% of the wage unit or the actual wages for performing the work during a
regular working day.
3. Workers who perform overtime work at night are paid according to Clauses 1
and 2 of this Article plus an additional amount of 20% of the wage unit or wage
for performing the work during the daytime on a regular working day, weekly
day-off, public holiday or New Year holiday.
4. The Government shall provide details for this Article.

Article 99. Wages during suspension of work

In cases where the work has to be suspended, the worker shall be paid as follows:
1. If due to the fault of the employer, the worker shall be paid the full wage

41
according to the employment contract.
2. If due to the fault of the worker, the worker shall not be paid. However, other
workers in the same unit who have to suspend their work shall be paid a wage
as agreed upon by the two parties, which shall not be lower than the minimum
wage.
3. If due to an electricity or water supply malfunction that is not due to the fault
of the employer or due to force majeure in the event of a natural disaster, fire,
dangerous epidemic, sabotage, or relocation upon the request of a competent
state authority or due to economic reasons, the wages during the suspension of
work shall be agreed upon by the two parties as follows:
a) Where the suspension of work lasts for up to 14 working days, the agreed
suspension wage shall not be lower than the minimum wage.
b) Where the suspension of work lasts for more than 14 working days, the wage
during the work suspension shall be agreed by the two parties, providing that
the wage during the first 14 days of the work suspension must not be lower than
the minimum wage.

Article 100. Wage payments through an intermediary

1. In places using a foreman or a person in a similar intermediary role, the
employer who is the principal owner must maintain a list of the foremen
including their contact addresses and the list of workers working with them, and
must ensure that the foremen complies with the laws on wage payments and
occupational safety and health.
2. In cases where a foreman or person in a similar intermediary role fails to pay
or pays insufficient wages to workers and does not ensure the other rights and
interests of the workers, the employer who is the principal owner must be
responsible for wage payments and for ensuring the rights and interests of the
workers.
In such cases, the employer who is the principal owner has the right to request
compensation from the foreman or person in a similar intermediary role, or to
request a competent state authority to resolve the dispute in accordance with
the law.

Article 101. Wage advances

1. Workers are entitled to wage advances in accordance with the conditions
agreed by the two parties, and no interest shall be charged.
2. Employers must make an advance payment to a worker for the number of
days the worker is temporarily absent from work in order to perform citizen
obligations for a period of 01 week or longer but not exceeding 01 month of
wages according to the employment contract. The worker must reimburse the

42
wage advance.
A worker enlisting in the military as stipulated in the Law on Military Service is
not entitled to a wage advance.
3. When taking annual leave, workers shall be entitled to a wage advance at least
equivalent to the wages for the days of leave.

Article 102. Wage deductions

1. An employer may only deduct from a worker’s wages to compensate for
damage to tools, equipment or assets belonging to the employer in accordance
with Article 129 of this Code.
2. The worker has the right to be informed of the reasons for deductions from
their wages.
3. Any monthly wage deduction shall not exceed 30% of the worker’s net
monthly wage after payment of compulsory social insurance, health insurance
and unemployment insurance contributions and personal income tax.

Article 103. Wage increases, wage step upgrades, allowances and financial
subsidies
Wage increases, wage step upgrades, allowances, financial subsidies and other
types of incentives for workers are agreed upon in the employment contract or
collective bargaining agreement, or stipulated in the employer’s regulations.

Article 104. Bonuses

1. A bonus is a monetary amount, asset or other type of benefit provided by an
employer to reward workers based on production or business outcomes or the
performance of the workers.
2. The regulations on bonuses shall be decided and publicly announced at the
workplace by the employers after consultation with workers’ representative
organisations at the grassroots level where such organisations exist.

CHAPTER VII

WORKING HOURS AND REST PERIODS

Section 1

WORKING HOURS

Article 105. Normal working hours

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

43
2. Employers have the right to determine working hours on a daily or weekly
basis provided that workers are informed. In cases where a weekly basis is used,
the normal working hours shall not exceed 10 hours in 01 day and shall not
exceed 48 hours per week.
The State encourages employers to implement a 40 hour working week for
workers.
3. Employers are responsible for ensuring the time limits for work with exposure
to dangerous and harmful substances in line with relevant national technical
standards and the law.

Article 106. Night working hours

Night working hours are counted from 22.00 hours to 06.00 hours on the
following day.

Article 107. Overtime work

1. Overtime is the duration of work that the worker performs at any time outside
of the normal working hours as stipulated in the law, a collective bargaining
agreement or internal work regulations.
2. Employers are allowed to mobilise workers to work overtime when all of the
following conditions are fully met:
a) The worker’s consent must be obtained.
b) Ensuring that the number of overtime working hours does not exceed 50% of
the normal working hours in 01 day. In cases where weekly normal working
hours are applied, the total of the normal working hours and overtime working
hours shall not exceed 12 hours in 01 day. The total overtime shall not exceed
40 hours per month.
c) Ensuring that the number of overtime working hours does not exceed 200
hours in 01 year, except in cases stipulated in Clause 3 of this Article.
3. An employer is allowed to mobilise a worker to work overtime not exceeding
300 hours in 01 year in the following sectors, occupations or cases:
a) Producing and processing export-oriented textile, garment, leather, footwear,
electric and electronic products, and processing of agriculture, forestry, salt and
aquatic products.
b) Production and supply of electricity, telecommunications and oil refining.
Water supply and drainage.
c) In cases of handling work requiring workers with high-level technical and
professional qualifications that the labour market cannot supply in sufficient
numbers and in time.

44
d) In cases of handling urgent work that cannot be delayed due to its seasonal
nature or the availability of raw materials or products, or to solve problems
arising due to unforeseen factors caused by weather, natural disasters, fire,
sabotage, a lack of electricity, a lack of raw materials, or a technical problem with
a production line.
dd) Other cases stipulated by the Government.
4. When organising overtime work under the provisions of Clause 3 of this
Article, the employer must notify the specialized labour agency of the Provincial
People's Committee in writing.
5. The Government shall provide details for this Article.

Article 108. Overtime work in special cases

An employer has the right to request workers to work overtime on any day that
is not subject to a limitation on the number of overtime hours as stipulated in
Article 107 of this Code, and workers cannot refuse in the following cases:
1. To execute a mobilisation order for the purpose of national security or national
defence in accordance with the law.
2. To undertake activities to protect human life or the assets of agencies,
organisations or individuals in the prevention of and recovery from natural
disasters, fires, dangerous epidemics and emergencies, except in cases that pose
a risk to the life or health of workers in accordance with law on occupational
safety and health.

Section 2

REST PERIODS

Article 109. Rest breaks during working hours

1. A worker who performs work within normal working hours as stipulated in
Article 105 of this Code with a duration of 06 hours or more per day shall be
given a rest break of at least 30 consecutive minutes during the work period, and
of at least 45 consecutive minutes during night work.
In cases where a worker performs shift work with a duration of 06 consecutive
hours or more, the intersessional rest break shall be counted as part of the
working hours.
2. In addition to the rest break prescribed in Clause 1 of this Article, an employer
shall arrange other short breaks and stipulate these in the internal work
regulations.

Article 110. Breaks between shifts

45
A worker who performs shift work is entitled to a break of at least 12 hours
before commencing another shift.

Article 111. Weekly breaks

1. Each week, a worker is entitled to a break of at least 24 consecutive hours. In
special cases where it is impossible for the worker to take a weekly day off due
to the production cycle, the employer is responsible to ensure that, on average,
the worker has at least 04 days off per month.
2. The employer has the right to determine and schedule the weekly breaks
either on Sunday or on another specific day of the week, which must be recorded
in the internal work regulations.
3. Where the weekly day off coincides with a public holiday or New Year’s day as
prescribed in Clause 1 of Article 112 of this Code, workers are entitled to take
the following working day off as compensation.

Article 112. Public holidays and New Year holidays

1. Workers are entitled to fully paid days off on the following public holidays and
New Year holidays:
a) New Year Holiday according to the Gregorian calendar: 01 day (the 1st of
January according to the Gregorian calendar).
b) Lunar New Year Holidays: 05 days.
c) Victory Day: 01 day: 01 day (the 30th of April according to the Gregorian
calendar).
d) International Labour Day: 01 day (the 1st of May according to the Gregorian
calendar).
dd) National Day: 02 days (the 2nd of September according to the Gregorian
calendar and 01 preceding or following day).
e) Commemorative Celebration of the Hung Kings: 01 day (the 10th of March
according to the Lunar calendar).
2. Foreign workers in Viet Nam are entitled to 01 traditional New Year’s day and
01 National Day of their country, in addition to the holidays stipulated in Clause
1 of this Article.
3. Each year, based on the actual situation, the Prime Minister shall decide the
dates of the holidays stipulated in Clause 1(b) and 1(dd) of this Article.

Article 113. Annual leave

1. Any worker who has been working for an employer for a full 12 months shall
be entitled to annual leave with full pay as stipulated in the employment contract

46
as follows:
a) 12 working days for workers with regular working conditions.
b) 14 working days for workers who are minor workers or workers with
disabilities, or who perform heavy, harmful or hazardous work or occupations.
c) 16 working days for workers who perform extremely heavy, harmful or
hazardous work or occupations.
2. For workers who have worked for an employer for less than 12 months, the
number of annual leave days shall be proportionate to the number of months
they have worked.
3. In cases where a worker, due to being laid off or losing their job, has not taken
annual leave or has not yet taken all of their annual leave, the employer shall pay
wages for leave days that have not been taken.
4. Employers are responsible to stipulate the annual leave schedule following
consultation with workers and must give prior notice to the workers. Workers
may reach an agreement with the employer to take annual leave at various times
or to combine their annual leave for a maximum period of 03 years.
5. When taking annual leave prior to the periodical wage payment, workers are
entitled to an advance wage payment as stipulated in Clause 3 of Article 101 of
this Code.
6. When workers take annual leave and travel by road, rail, or water, if the travel
time to go and to come back exceeds 02 days, then day 03 onward shall be
considered as travel days in addition to the annual leave days. This policy shall
only be applied once per year.
7. The Government shall provide details for this Article.

Article 114. Increases in annual leave in accordance with the duration of

employment
A worker’s annual leave as prescribed in Clause 1 of Article 113 of this Code shall
increase by 01 additional day for every 05 years of employment with the same
employer.

Article 115. Personal leave and leave without pay

1. Workers are entitled to take leave with full pay for personal reasons, provided
that they notify the employer, in the following circumstances:
a) Marriage: 03 days.
b) Marriage of the worker’s birth or adopted children: 01 day.
c) Death of the worker’s natural or adoptive father or mother death of the
worker’s spouse’s birth or adoptive father or mother, death of the worker’s

47
spouse, or death of the worker’s birth or adopted children: 03 days.
2. Workers are entitled to take 01 day off without pay, provided that they notify
the employer, in case of the death of the worker’s paternal grandfather or
grandmother, maternal grandfather or grandmother, or sibling, the marriage of
their father or mother, or the marriage of their sibling.
3. Apart from the leave stipulated in Clause 1 and Clause 2 of this Article, workers
may reach an agreement with the employer to take leave without pay.

Section 3

WORKING HOURS AND REST PERIODS FOR WORKERS WHO PERFORM WORK
OF A SPECIAL NATURE

Article 116. Working hours and rest periods for workers who perform work of a
special nature
For work of a special nature in the fields of road, rail, water and air
transportation, offshore oil and gas exploration and exploitation, work at sea,
the arts, using radiation and nuclear techniques, high-frequency waves
informatics and information technology, research for applying advanced science
and technologies, industrial design, diving work, mining, seasonal production
and processing of goods under specific orders, work that requires being on duty
24/24 hours, and other types of special work as stipulated by the Government,
the responsible Ministries and Agencies shall stipulate the specific working hours
and rest periods as agreed with the Ministry of Labour - Invalids and Social Affairs
in accordance with Article 109 of this Code.

CHAPTER VIII

LABOUR DISCIPLINARY REGULATIONS AND RESPONSIBILITIES FOR

EQUIPMENT

Section 1

LABOUR DISCIPLINARY REGULATIONS

Article 117. Labour disciplinary regulations

Labour disciplinary regulations are the stipulations on compliance with the
working hours and technologies and business practices issued by the employer
in the working regulations and as required by law.

Article 118. Internal work regulations

1. Employers must issue the internal work regulations. If there are 10 or more
workers, the internal work regulations must be in writing.

48
2. The contents of the internal work regulations shall not be contrary to the
labour law or other relevant legal provisions. The internal work regulations shall
include the following primary contents:
a) Working hours and rest periods.
b) Order at the workplace.
c) Occupational safety and health.
d) Prevention and control of sexual harassment at the workplace. Steps and
procedures for handling sexual harassment at the workplace.
dd) Protection of the assets, technological and business secrets, and intellectual
property of the employer.
e) Cases in which workers may be temporarily transferred to perform other work
not specified in their employment contracts.
g) Breaches of labour disciplinary regulations by workers and measures for
handling labour discipline.
h) Responsibilities regarding equipment.
i) Individuals authorised to handle labour discipline.
3. Prior to issuing, amending or supplementing the internal work regulations, the
employer must consult with workers’ representative organisations at the
grassroots level where such organisations exist.
4. Workers must be notified of the internal work regulations, and the major
contents must be displayed in necessary areas at the workplace.
5. The Government shall provide details for this Article.

Article 119. Registration of internal work regulations

1. An employer employing 10 or more workers must register the internal work
regulations with the specialized labour agency of the Provincial People’s
Committee where the employer’s business is registered.
2. Within 10 days from the date of issuance of the internal work regulations, the
employer must submit the dossier to register the internal work regulations.
3. Within 07 working days from the date of receipt of the dossier for registration
of the internal work regulations, if any element of the internal work regulations
is contrary to the law, the specialized labour agency of the Provincial People’s
Committee shall notify and guide the employer to make the necessary
amendments or supplementation and to resubmit the dossier for registration.
4. Employers who own various production and business branches, units or
establishments in different locations shall send the registered internal work
regulations to the specialized labour agencies of the Provincial People’s

49
Committees where the production and business branches, units or
establishments are located.
5. Depending on the specific conditions, the specialized labour agency of the
Provincial People’s Committee may authorise the specialized labour agency of
the District People’s Committee to register the internal work regulations in line
with this Article.

Article 120. Dossiers for registration of internal work regulations

Dossiers for registration of internal work regulations include:
1. An application for the registration of the internal work regulations.
2. The internal work regulations.
3. Comments from workers’ representative organisations at the grassroots level
where such organisations exist.
4. The employer’s documents with stipulations related to labour disciplinary
regulations and responsibilities regarding equipment (if any).

Article 121. Validity of internal work regulations

Internal work regulations take effect 15 days after the date that the authorised
state agency stipulated in Article 119 of this Code receives the complete dossier
required for registration of the internal work regulations.
In cases where employers employing less than 10 workers issue internal work
regulations in writing, these take effect on the date decided by the employer and
recorded in the internal work regulations.

Article 122. Principles, sequence and procedures for handling labour discipline
1. Handling of labour discipline shall be conducted as follows:
a) The employer must demonstrate the culpability of the worker.
b) There must be the participation of the workers’ representative organisation
at the grassroots level of which the worker who is being disciplined is a member.
c) The worker must be physically present and has the right to defend themselves
or to have a lawyer or workers’ representative organisation assist in their
defence. In cases where the worker is less than 15 years of age, the worker’s
legal representative must be present.
d) Any settlement of labour disciplinary regulations must be recorded in writing.
2. It is prohibited to impose more than one disciplinary measure for one violation
of labour disciplinary regulations.
3. When a worker simultaneously commits multiple violations of labour
disciplinary regulations, they will only be subject to the highest form of

50
disciplinary measure corresponding to the most serious violation.
4. No disciplinary measure shall be taken against a worker during the following
periods:
a) The worker is taking leave on account of illness or convalescence, or any type
of leave with the employer’s consent.
b) The worker is being held temporarily in custody or detention.
c) The worker is awaiting the verification and conclusion of an authorised agency
regarding a violation stipulated in Clause 1 or 2 of Article 125 of this Code.
d) The female worker is pregnant, or the worker is on parental leave or is caring
for children less than 12 months old.
5. No disciplinary measure shall be taken against a worker who violates labour
disciplinary regulations when suffering from mental illness or another disease
that results in the worker losing self-awareness or the ability to control their
actions.
6. The Government shall specify the detailed procedures and processes for
settling violations of labour disciplinary regulations.

Article 123. Statutory limitations for settling violations of labour disciplinary

regulations
1. The statutory limitation for settling violations of labour disciplinary regulations
is 06 months from the date when the violation occurs, and 12 months for
violations directly related to finances, assets or disclosure of technological or
business secrets.
2. Upon the expiry of the period stipulated in Clause 4 of Article 122 of this Code,
if the statutory limitation has expired or has less than 60 days remaining, the
statutory limitation may be extended for up to 60 days from the expiry date
stated above.
3. Employers must issue the decision on settling violations of the labour
disciplinary regulations within the time limits stipulated in Clause 1 and Clause 2
of this Article.

Article 124. Forms of settling violations of labour disciplinary regulations

1. Reprimand.
2. Deferment of wage increases for no more than 6 months.
3. Demotion.
4. Dismissal.

Article 125. Applying dismissal as a disciplinary measure

51
Dismissal as a disciplinary measure may be applied by an employer in the
following circumstances:
1. The worker commits an act of theft, embezzlement, gambling, intentionally
causing injury or using illicit drugs at the workplace.
2. The worker discloses technological or business secrets or infringes the
intellectual property rights of the employer, or commits an act of serious harm
or threatens to commit an act of serious harm to the assets or interests of the
employer, or commits sexual harassment at the workplace as defined in the
internal work regulations.
3. The worker subject to deferment of a wage increase or demotion for
disciplinary reasons reoffends before their period of labour discipline elapses.
Re-offense is where a worker commits the same breach of labour discipline for
which they previously received a disciplinary measure that has not yet been
repealed according to the provisions of Article 126 of this Code.
4. The worker, without a justified reason, does not present at work for 05
cumulative days within a period of 30 days, or for 20 cumulative days within a
period of 365 days, counted from the first day of absence.
Cases with justified reasons include: natural disaster, fire, illness of the worker
or the worker’s family member as certified by an authorised health care
institution and other cases stipulated in the internal work regulations.

Article 126. Repeal of disciplinary measures and reductions in the duration of

disciplinary measures
1. Where the worker does not reoffend, the disciplinary measure of reprimand
shall be automatically discharged after 3 months, the disciplinary measure of
deferment of wage increase shall be automatically discharged after 6 months,
and the disciplinary measure of demotion shall be automatically repealed after
3 years from the date on which the disciplinary measure was imposed.
2. Where a worker disciplined by deferment of wage increase has completed half
the duration of the disciplinary measure and has demonstrated improvement,
the employer may consider reducing the duration of the disciplinary measure.

Article 127. Strictly prohibited acts when applying labour disciplinary measures
1. Infringing the health, honour, life, prestige or human dignity of the worker.
2. Applying fines or wage deductions in lieu of a disciplinary measure.
3. Applying a disciplinary measures against a worker for having committed a
violation that is not stipulated in the internal work regulations, the signed
employment contract or labour law.

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Article 128. Temporary work suspension
1. Employers have the right to temporarily suspend a worker in cases where a
violation is of a complicated nature and where the continued presence of the
worker at the workplace is deemed likely to cause difficulties for the
investigation. The temporary suspension of a worker shall only be applied after
consultation with workers’ representative organisations at the grassroots level
of which the worker being considered for temporary work suspension is a
member.
2. The period of temporary work suspension shall not exceed 15 days, or 90 days
in special circumstances. During the period of temporary work suspension, the
worker shall be advanced 50 % of the wage to which they were entitled prior to
the suspension.
Upon the expiry of the period of temporary work suspension, the employer must
reinstate the worker.
3. In cases where the worker is disciplined, the worker shall not be required to
reimburse the wages that were advanced.
4. In cases where the worker is not disciplined, the employer shall pay the full
wages for the period of the temporary work suspension.

Section 2

RESPONSIBILITIES CONCERNING EQUIPMENT

Article 129. Compensation for damage

1. A worker who causes damage to tools or equipment or commits another act
that causes damage to the assets of the employer must make compensation
according to the law or the internal work regulations of the employer.
In cases where a worker, due to negligence, causes non-serious damage of a
value not exceeding 10 months of the regional minimum wage announced by the
Government that is applicable in the region where the worker works, the worker
must pay compensation of a maximum 03 months’ wages, to be deducted
monthly as stipulated in Clause 3 of Article 102 of this Code.
2. A worker who loses tools, equipment or assets of the employer or other assets
assigned by the employer, or who uses materials in excess of the permitted
norms must compensate partially or entirely for the damage according to the
market price or internal work regulations, or according to a contract of liability if
such a contract has been signed. In cases of natural disaster, fire, sabotage,
dangerous epidemic, emergency, or a force majeure event that could not have
been foreseen and cannot be overcome after all necessary and possible
measures have been taken, no compensation shall be required.

53
Article 130. Handling compensation for damage
1. The consideration and decision on the level of compensation for damages shall
be based on the nature of the offence, the actual extent of damages, the actual
situation of the family, the personal record and the assets of the worker.
2. The Government stipulates the sequence, procedures and statutory
limitations for handling compensation for damage.

Article 131. Complaints about labour disciplinary regulations and responsibilities

concerning equipment
A worker who is disciplined for violating labour disciplinary regulations,
temporarily suspended from work, or required to make compensation in
accordance with the regulations on responsibilities concerning equipment and is
not satisfied with the decision has the right to appeal to the employer or to an
authorised agency or to request for resolution of the labour dispute in
accordance with the law.
The Government shall provide details for this Article.

CHAPTER IX

OCCUPATIONAL SAFETY AND HEALTH

Article 132. Compliance with the law on occupational safety and health
Employers, workers, and other agencies, organisations and individuals involved
in labour, production and business must implement the regulations of the law
on occupational safety and health.

Article 133. Occupational safety and health programme

1. The Government shall determine the National Programme on Occupational
Safety and Health.
2. Provincial People’s Committees shall submit the occupational safety and
health programme for their locality to the People’s Councils at the same level for
approval and include it in the local socio-economic development plans.

Article 134. Ensuring occupational safety and health at the workplace

1. Employers are responsible for fully implementing measures to guarantee
occupational safety and health at the workplace.
2. Workers are responsible for abiding by the regulations, internal rules,
procedures and requirements on occupational safety and health, and for
complying with the law and firmly grasping the knowledge and skills on measures
to ensure occupational safety and health at the workplace.

CHAPTER X

54
 SPECIFIC PROVISIONS FOR FEMALE WORKERS AND TO ENSURE GENDER
EQUALITY

Article 135. State policies

1. To ensure equal rights for female and male workers, implement measures to
ensure gender equality and prevent sexual harassment at the workplace.
2. To encourage employers to create conditions for providing female and male
workers with regular employment, and widely apply systems of flexible working
hours, part-time work and working from home.
3. To formulate measures to create jobs, improve working conditions, enhance
vocational skills, provide healthcare and strengthen the material and spiritual
welfare of female workers in order to assist them with effective development of
their vocational capacities and to harmoniously balance their working lives and
family lives.
4. To formulate tax reduction policies for employers who employ a large number
of female workers in accordance with the law on taxation.
5. To develop plans and measures to organise day care facilities and
kindergartens in locations with a large number of workers. To develop various
forms of training to enable female workers to acquire additional backup
occupational skills that are suitable to their physical and physiological
characteristics and their motherhood functions.
6. The Government shall provide details for this Article.

Article 136. Responsibilities of employers

1. To ensure gender equality and measures to promote gender equality in
recruitment, work arrangements, training, working hours, rest periods, wages
and other policies.
2. To consult with female workers or their representatives when making
decisions that affect the rights and interests of women.
3. To provide sufficient and appropriate bathrooms and toilets at the workplace.
4. To assist with and support the building of day care facilities and kindergartens,
or to contribute part of the childcare expenses incurred by workers.

Article 137. Maternity and paternity protection

1. Employers shall not require workers to perform night work or overtime work
or to go on long-distance work trips in the following circumstances:
a) The worker has reached the seventh month of pregnancy, or the sixth month
of pregnancy when working in mountainous, remote, border and island areas.

55
b) The worker is caring for a child less than 12 months old, unless agreed by the
worker.
2. A female worker who performs heavy, hazardous or harmful work or
extremely heavy, hazardous or harmful work, or work that adversely affects
reproductive and child-rearing functions, when pregnant and having informed
the employer, is entitled to be transferred to lighter and safer work by the
employer or to have her daily working time reduced by 01 hour without any
reduction in her wages, rights and interests during the period while she is caring
for a child less than 12 months old.
3. The employer shall not dismiss a worker or unilaterally terminate the
employment contract of a worker due to the worker’s marriage, pregnancy,
parental leave, or caring for a child less than 12 months old, except when the
employer, who is an individual, dies, or is declared by the court as having lost the
capacity of civil acts, as missing or dead, or when the employer, who is not an
individual, terminates operations or is declared by the business registration
agency under the Provincial People's Committee to have no legal representative
or authorised person performing the rights and obligations of a legal
representative.
In cases where the employment contract expires during the pregnancy or during
the period of caring for a child under 12 months of age, the worker shall be
prioritized to conclude a new employment contract.
4. Female workers shall be entitled to a 30 minute break each working day during
their menstruation period, and to a 60 minute break each working day during
the period of caring for a child under 12 months of age with full wages as
stipulated in the employment contract.

Article 138. The rights of female pregnant workers to unilaterally terminate or

suspend the employment contract
1. Where a female worker is pregnant and obtains a medical certificate from an
authorised health care institution stating that if the worker continues to work it
may adversely affect her pregnancy, the worker has the right to unilaterally
terminate or temporarily suspend the employment contract.
In cases of unilateral termination or temporary suspension of the employment
contract, the worker must notify the employer, attaching the information from
the authorised health care institution affirming that continuation of work might
negatively affect her foetus.
2. In cases of temporary suspension of the employment contract, the duration
of the suspension shall be subject to agreement between the worker and the
employer and shall not be shorter than the period prescribed by the authorised
health care institution. Where no specific period is prescribed by the authorised

56
health care institution, the duration of the temporary suspension of the
employment contract shall be negotiated and agreed by the employer and
worker.
Article 139. Parental leave
1. Female workers shall be entitled to 06 months of prenatal and postnatal leave.
Pre-natal leave shall not exceed 02 months.
In cases of twins or multiple births, the female worker’s leave shall be extended
by 01 month for each child, counting from the second child.
2. During maternity leave, female workers shall be entitled to maternity benefits
as regulated in the law on social insurance.
3. After the period of maternity leave as stipulated in Clause 1 of this Article
expires, a female worker may, if she requests, take additional unpaid leave after
reaching agreement with the employer.
4. Female workers may return to work prior to the expiry of her maternity leave
as stipulated in Clause 1 of this Article after taking at least 04 months of leave,
provided notice is given in advance, the employer agrees, and a certificate is
obtained from an authorised health care institution confirming that early
resumption of work will not adversely affect the worker’s health. In such cases,
in addition to the wages for the working days paid by the employer, female
workers shall continue to receive the maternity allowance in accordance with
the law on social insurance.
5. Male workers whose wives give birth, workers who adopt a child less than 06
months old, female workers who are surrogate mothers and workers who are
mothers expecting a child through surrogacy are entitled to parental leave in
accordance with the law on social insurance.
Article 140. Employment security for workers after parental leave
Workers shall be guaranteed to be reinstated to their previous work when
returning to work after parental leave as stipulated in Clauses 1, 3 and 5 of Article
139 of this Code without any reduction in terms of wages, rights and interests in
comparison with the period prior to the parental leave. In cases where the
previous work is no longer available, the employer must arrange other work for
the worker with a wage not lower than the pre-parental leave wage.
Article 141. Allowances while taking care of sick children, pregnancy and
implementing contraceptive methods
During time off for taking care of sick children less than 7 years old, pregnancy
check-ups, miscarriage, abortion, stillbirth, and implementing contraceptive or
sterilization methods, workers are entitled to social insurance allowances in
accordance with the law on social insurance.

57
Article 142. Occupations and work adversely affecting reproductive and child-
nursing functions
1. The list of occupations and work that adversely affects reproductive and child-
rearing functions shall be issued by the Minister of Labour-Invalids and Social
Affairs.
2. The employer must provide adequate information about the dangers, risks
and requirements of jobs for workers to choose and must ensure statutory
occupational safety and health for workers when requesting them to perform
any work included on the list stipulated in Clause 1 of this Article.
CHAPTER XI
SEPARATE PROVISIONS CONCERNING MINOR WORKERS AND CERTAIN TYPES
OF WORKERS
Section 1

MINOR WORKERS

Article 143. Minor workers

1. A minor worker is a worker less than 18 years of age.
2. A person from 15 years of age to less than 18 years of age shall not perform
work or work at workplaces as stipulated in Article 147 of this Code.
3. A person from 13 years of age to less than 15 years of age may only perform
light work as regulated in the list issued by the Minister of Labour-Invalids and
Social Affairs.
4. A person who is less than 13 years of age may only perform work regulated in
Clause 3 of Article 145 of this Code.
Article 144. Principles for the employment of minors
1. A minor worker may only perform work suitable to their health in order to
ensure their physical, intellectual and personality development.
2. Employers employing minor workers are responsible for taking care of their
work, health and study during the course of their employment.
3. When employing a minor worker, the employer must have the consent of their
father, mother or guardian, and must establish an individual monitoring book
that records the full name, date of birth, assigned work and results of periodic
health check-up of the minor worker, which shall be presented upon request by
authorised authorities.
4. Employers must create opportunities for minor workers to attend school and
vocational education and to participate in training to improve their vocational
skills.

58
Article 145. Employment of minors under the age of 15
1. When employing persons who are less than 15 years of age, employers must
comply with the following regulations:
a) To enter into a written employment contract with persons who are less than
15 years of age and with their legal representatives.
b) To arrange working hours so as not to affect the school hours of persons who
are less than 15 years of age.
c) To have a health certificate from an authorised health care institution
confirming that the health of the person aged less than 15 years old is suitable
for the work, and to organise health check-ups every six months.
d) To ensure that the working conditions, occupational safety and health are
suitable for the age of the worker.
2. Employers may only recruit and employ persons from 13 years of age to less
than 15 years of age to perform light work as stipulated in Clause 3 of Article 143
of this Code.
3. Employers shall not recruit and employ those who are under 13 years of age,
except to perform work relating to the arts and sports provided that such work
does not impair their physical, mental and personality development, and the
employer must have the consent of specialized labour agency of the Provincial
People’s Committee.
4. The Minister of Labour-Invalids and Social Affairs shall provide details for this
Article.
Article 146. Working hours of minors
1. The working hours of persons less than 15 years of age shall not exceed 04
hours per day or 20 hours per week. Overtime work and night work are not
allowed.
2. The working hours of persons from 15 years of age to less than 18 years of age
shall not exceed 08 hours per day and 40 hours per week. Persons from 15 years
of age to less than 18 years of age may undertake overtime work and night work
in certain occupations and work stipulated in the list issued by the Minister of
Labour-Invalids and Social Affairs.
Article 147. Prohibited work and workplaces for workers who are from 15 years
of age to less than 18 years of age
1. It is prohibited to employ workers who are from 15 years of age to less than
18 years of age to perform the following work:
a) Carrying and lifting heavy objects that are over the physical capacity of minors.

59
b) Producing and trading alcohol, liquor, beer, cigarettes, psychoactive or other
addictive substances.
c) Producing, using or transporting chemicals, gases or explosives.
d) Carrying out maintenance for equipment or machines.
dd) Demolishing construction works.
e) Boiling, blowing, casting, rolling, stamping or welding metals.
g) Marine diving or offshore fishing.
h) Other work that is harmful for the physical, intellectual and personality
development of minors.
2. It is prohibited to employ workers who are from 15 years of age to less than
18 years of age to work at the following places:
a) Underwater, underground, in caves or in tunnels.
b) Construction sites.
c) Slaughter houses.
d) Casinos, bars, discotheques, karaoke rooms, hotels, guesthouses, saunas,
massage establishments, lottery business points, or video gaming
establishments.
dd) Other workplaces that are harmful for the physical, intellectual and
personality development of minors.
3. The Minister of Labour-Invalids and Social Affairs shall regulate the lists
mentioned in point h, Clause 1 and point dd, Clause 2 of this Article.
Section 2

ELDERLY WORKERS
Article 148. Elderly workers
1. An elderly worker is a person who continues working after the age stipulated
in Clause 2 of Article 169 of this Code.
2. Elderly workers are entitled to reach an agreement with the employer to
reduce their daily working hours or to work on a part-time basis.
3. The State encourages the employment of elderly workers suitable to their
health to ensure the right to work and the efficient use of human resources.
Article 149. Employment of elderly workers
1. When employing an elderly worker, the two parties may agree to enter into
definite term employment contracts multiple times.

60
2. When a worker is receiving a pension as regulated by the Social Insurance Law
and works under a new employment contract, the worker shall be entitled to
receive wages and other rights and interests as stipulated in the law and in the
employment contract in addition to the rights and benefits they receive under
the pension scheme.
3. It is prohibited to employ elderly workers in heavy, hazardous or harmful work
or occupations or especially heavy, hazardous or harmful work or occupations
that adversely affect the health of the elderly worker, except in cases where safe
working conditions can be ensured.
4. The employer is responsible for taking care of the health of elderly workers at
the workplace.
Section 3
VIETNAMESE WORKERS WORKING OVERSEAS OR WORKING FOR FOREIGN
ORGANISATIONS OR INDIVIDUALS IN VIET NAM, AND FOREIGN WORKERS
WORKING IN VIET NAM
Article 150. Vietnamese workers working overseas or working for foreign
organisations or individuals in Viet Nam
1. The State encourages enterprises, agencies, organisations, and individuals to
seek and expand the labour market for Vietnamese workers to work overseas.
Vietnamese workers working abroad must comply with the law of Viet Nam and
the law of the destination country unless otherwise provided for by an
international treaty of which the Socialist Republic of Viet Nam is a member.
2. Vietnamese citizens working for foreign organisations in Viet Nam, in
industrial zones, economic zones, processing zones or high-tech parks, or for
individuals who are foreign citizens in Viet Nam, must comply with the law of
Viet Nam and shall be protected by the law.
3. The Government shall provide details on the recruitment and management of
Vietnamese workers working for foreign organisations or individuals in Viet Nam.
Article 151. Conditions for foreign workers working in Viet Nam
1. Foreign workers working in Viet Nam are persons with foreign nationality and
must meet the following criteria:
a) To be at least 18 years of age and have full civil act capacity.
b) To have technical, professional or occupational qualifications and experience,
and suitable health as stipulated by the Minister of Health.
c) Must not be a person who is serving a sentence or has not yet had their
criminal record repealed or is subject to criminal prosecution in accordance with
foreign or Vietnamese law.

61
d) Has a work permit issued by an authorised state management agency of Viet
Nam, except for cases stipulated in Article 154 of this Code.
2. The duration of an employment contract for a foreign worker working in Viet
Nam shall not exceed the validity period of the worker’s work permit. When
employing a foreign worker working in Viet Nam, the two parties may agree to
conclude definite-term employment contracts multiple times.
3. Foreign workers working in Viet Nam must comply with Viet Nam’s labour law
and shall be protected by Vietnamese law, unless otherwise provided for by
international treaties of which the Socialist Republic of Viet Nam is a member.
Article 152. Conditions for recruitment and employment of foreign workers
working in Viet Nam
1. Enterprises, agencies, organisations, individuals and contractors are only
permitted to employ foreign workers in manager, executive director, specialist
and technical worker positions for which Vietnamese workers cannot yet meet
the production and business demands.
2. Before recruiting and employing foreign workers to work in Viet Nam,
enterprises, agencies, organisations and individuals shall justify their need for
the workers and obtain written approval from an authorised state authority.
3. Contractors, prior to recruiting and employing foreign workers to work in Viet
Nam, must state in detail the positions, professional and technical qualifications,
experience and employment duration for which foreign workers are required in
order to implement the bidding package, and shall obtain written approval from
an authorised state authority.
Article 153. Responsibilities of employers and foreign workers
1. Foreign workers must present their work permit upon the request of an
authorised state agency.
2. Any foreign worker working in Viet Nam without having a work permit shall
be forced to leave or be deported from Viet Nam’s territory as stipulated in the
law on the entry, exit, transit and residence of foreigners in Viet Nam.
3. Employers who employ a foreign workers who do not have work permits shall
be sanctioned as regulated by the law.
Article 154. Work permit exemptions for foreign workers working in Viet Nam
1. Owners or a capital contributing members of a limited liability company with
a capital contribution value as defined by the Government.
2. Chairpersons or members of the Board of Directors of Joint Stock Companies
with a capital contribution value as defined by the Government.

62
3. Heads of representative offices or projects or the main responsible persons of
international organisations or foreign non-governmental organisations in Viet
Nam.
4. Entering Viet Nam for a duration of less than 03 months to undertake
marketing for a service.
5. Entering Viet Nam for a duration of less than 03 months to resolve complicated
technical or technological problems that affect or risks affecting production and
business activities that cannot be resolved by Vietnamese experts and foreign
experts currently in Viet Nam.
6. Foreign lawyers who are granted a professional certificate in Viet Nam in
accordance with the Law on Lawyers.
7. Cases in accordance with international treaties of which the Socialist Republic
of Viet Nam is a member.
8. Foreign workers who marry a Vietnamese citizen and live in the territory of
Viet Nam.
9. Other cases as stipulated by the Government.
Article 155. Validity period of work permit
The period of validity of a work permit shall not exceed 02 years. Only one
extension shall be permitted, with a maximum duration of 02 years.
Article 156. Cases in which the work permit is nullified
1. The work permit expires.
2. The employment contract is terminated.
3. The contents of the employment contract are not consistent with the contents
of the work permit.
4. The work is not consistent with the contents in the work permit.
5. The contract in the field that is the basis for the work permit expires or is
terminated.
6. There is a notice in writing by the foreign partner that terminates the
assignment of the foreign worker in Viet Nam.
7. The Vietnamese enterprise, organisation or partner or foreign organisation in
Viet Nam employing the foreign workers terminates its operations.
8. The work permit is revoked.
Article 157. Issuing, re-issuing, extending and revoking work permits and
certificates of work permit exemption

63
The Government shall stipulate the conditions, sequence and procedures for
Issuing, re-issuing, extending and revoking work permits and certificates of work
permit exemption for foreign workers working in Viet Nam.

Section 4

WORKERS WITH DISABILITIES

Article 158. State policies for workers with disabilities

The State protects the rights to work and to self-employment of workers with
disabilities, and adopts policies to encourage and provide appropriate incentives
for employers to create jobs for and employ workers with disabilities in
accordance with laws on people with disabilities.

Article 159. Employment of workers with disabilities

1. Employers must ensure working conditions, tools, and occupational safety and
health and shall organise regular health check-ups that are suitable for workers
with disabilities.
2. Employers must consult with workers with disabilities before deciding on
matters related to their rights and interests.

Article 160. Strictly prohibited acts in employment of workers with disabilities

1. Employing workers with mild disabilities who have a reduction in their working
ability of 51% or higher, workers with serious disabilities or workers with
extremely serious disabilities to perform overtime work or night work, except in
cases where the worker agrees.
2. Employing workers with disabilities to perform heavy, hazardous or harmful
work included in the list issued by the Minister of Labour, Invalids and Social
Affairs without the worker’s agreement after being provided with sufficient
information about the work by the employer.

Section 5

DOMESTIC WORKERS

Article 161. Domestic workers

1. Domestic workers are workers who regularly carry out domestic work for one
or more households.
Domestic work includes housework, housekeeping, child minding, caring for the
sick, caring for elders, driving vehicles, gardening and other work for households
that is not related to commercial activities.
2. The Government shall provide details on domestic workers.

64
Article 162. Employment contracts for domestic workers
1. An employer must enter into a written employment contract with a domestic
worker.
2. The duration of the employment contract for the domestic worker shall be
agreed by both parties. Either party has the right to unilaterally terminate the
employment contract at any time provided that advance notice of at least 15
days is given.
3. The form of wage payment, pay period, daily working hours and
accommodation shall be agreed by both parties in the employment contract.

Article 163. Obligations of employers when employing domestic workers

1. To fully implement the agreement signed by both parties in the employment
contract.
2. To pay domestic workers the amount of their social insurance and health
insurance contribution in accordance with the law to enable the domestic
worker to participate in social insurance and health insurance schemes by
themselves.
3. To respect the honour and dignity of domestic workers.
4. To provide a clean and hygienic dining place and accommodation for the
domestic worker, when there is such an agreement.
5. To create opportunities for the domestic worker to attend school and
participate in vocational education and training.
6. To cover the travel expenses for the domestic worker to return to their place
of residence at the end of their service, except in cases where the domestic
worker terminates the employment contract prior to its expiry date.

Article 164. Obligations of domestic workers

1. To fully implement the signed agreement signed in the employment contract.
2. To compensate in accordance with the agreement or in accordance with the
law if they damage or lose the employer’s property.
3. To promptly notify the employer about the possibility or risk of an accident or
threat to the safety, health, life or property of the employer’s family or
themselves.
4. To report to the authorised authority if the employer commits an act of
maltreatment, sexual harassment or exacting forced labour or any other act that
violates the law.

Article 165. Strictly prohibited acts for employers

65
1. Maltreatment, sexual harassment, exacting forced labour or using force
against a domestic worker.
2. Assigning work to the domestic worker that is inconsistent with the
employment contract.
3. Keeping personal papers of the domestic worker.

Section 6

CERTAIN OTHER TYPES OF WORKERS

Article 166. Workers in the arts, sports and maritime and aviation fields
Appropriate regulations related to training, upskilling and improving
occupational skills and qualifications, employment contracts, wages and
bonuses, working hours and rest periods and occupational safety and health
shall be applied for workers who work in the in the arts, sports and maritime and
aviation fields as stipulated by the Government.

Article 167. Working from home

A worker may reach an agreement with the employer to perform regular work
from home.

CHAPTER XII

SOCIAL INSURANCE, HEALTH INSURANCE AND UNEMPLOYMENT INSURANCE

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

unemployment insurance schemes
1. Employers and workers must participate in compulsory social insurance,
health insurance and unemployment insurance schemes, and workers shall
enjoy benefits in accordance with the provisions of the law on social insurance,
health insurance and unemployment insurance.
Employers and workers are encouraged to participate in other supplementary
insurance schemes for workers.
2. Employer shall not be required to pay wages for a worker during periods when
the worker is on leave and is receiving a social insurance benefit, unless
otherwise agreed by both parties.
3. For workers not covered by compulsory social insurance, health insurance or
unemployment insurance schemes, the employer is responsible for paying, at
the same time as the wage payments, an additional amount for the worker that
is equivalent to the compulsory social insurance, health insurance and
unemployment insurance contributions in accordance with the provisions of the
law on social insurance, health insurance and unemployment insurance.

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Article 169. Retirement age
1. Workers who fulfil the conditions on the duration of paying social insurance
contributions as stipulated in the law on social insurance shall receive a pension
when they reach the retirement age.
2. The retirement age for workers in normal working conditions shall be adjusted
according to a roadmap of increments until reaching 62 years of age for male
workers by 2028 and 60 years of age for female workers by 2035.
Commencing in 2021, the retirement age for workers in normal working
conditions shall be 60 years and 03 months of age for male workers and 55 years
and 04 months of age for female workers. From then onwards, the age of
retirement shall increase by 03 months per year for male workers and by 04
months per year for female workers.
3. Workers with decreased working capacity, performing extremely heavy,
hazardous or harmful occupations or work, performing heavy, hazardous or
harmful occupations or work, or working in regions with especially difficult socio-
economic conditions may retire at a younger age, which shall not be more than
5 years earlier than the age stipulated in Clause 2 of this Article at the time of
retirement, unless otherwise stipulated by another law.
4. Workers with high-level technical or professional qualifications or other
special circumstances may retire at an older age, which shall not be more than 5
years later than the age stipulated in Clause 2 of this Article, unless otherwise
stipulated by another law.
5. The Government shall provide details for this Article.
CHAPTER XIII
WORKERS’ REPRESENTATIVE ORGANISATIONS AT THE GRASSROOTS LEVEL
Article 170. Right to establish, join, and participate in the activities of workers’
representative organisations at the grassroots level
1. Workers shall have the right to establish, join and participate in the activities
of trade unions as stipulated in the Trade Union Law.
2. Workers in enterprises have the right to establish, join and participate in the
activities of workers’ organisations at the enterprise as stipulated in Articles 172,
173 and 174 of this Code.
3. Workers’ representative organisations stipulated in Clauses 1 and 2 of this
Article have equal rights and obligations in protecting the lawful and legitimate
rights and interests of workers in labour relations.
Article 171. Grassroots Trade Unions under the Viet Nam Trade Union system

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1. Grassroots Trade Unions under the Viet Nam Trade Union system are
established at agencies, organisations, units and enterprises.
2. The establishment, dissolution, organisation and operation of Grassroots
Trade Unions shall comply the provisions of the Trade Union Law.
Article 172. Establishing and joining workers’ organisations at enterprises
1. Workers’ organisations at enterprises are established and operate lawfully
upon having registration issued by an authorised state agency.
The organisation and operations of workers’ organisations at enterprises must
comply with the National Constitution, laws and regulations, and shall be
voluntary, autonomous, democratic and transparent.
2. The registration of a workers’ organisation at the enterprise shall be revoked
when it violates its organisational mandate and purpose as stipulated in point b,
Clause 1 of Article 174 of this Code or when the workers’ organisation at an
enterprise ceases to exist as a result of dividing, splitting, merging, consolidating
or dissolving or due to dissolution or bankruptcy of the enterprise.
3. In cases where a workers’ organisation at an enterprise joins the Viet Nam
Trade Union, the Law on Trade Unions shall apply.
4. The Government shall regulate the registration dossier, sequence and
procedures; the authorisation and procedures for issuing and revoking
registration; state management of the finances and assets of workers’
organisations at the enterprise; and dividing, splitting, merging, consolidating,
dissolving and the right to associate of workers’ organisations at the enterprise.
Article 173. Leadership committee and members of workers’ organisations at
enterprises
1. At the time of registration, the workers’ organisation at the enterprise must
have the minimum number of members who are workers working at the
enterprise as stipulated by the Government.
2. The leadership committee is elected by the members of the workers’
organisations at the enterprise. The members of the leadership committee are
Vietnamese workers working in such enterprise that are not subject to criminal
prosecution, not in the period of carrying out penalty, and not in the period when
their criminal record has not yet been expunged because of the crime infringed
on national security, human life, citizens’ democratic freedoms or ownership
rights under the regulations of the Penal Code.
Article 174. Constitutions of workers’ organisations at enterprises
1. The constitution of a workers’ organisation at the enterprise must comprise
the following primary contents:
a) Name and address of the organisation, and its logo (if any).

68
b) Mandate, objectives and scope of operations, which are to protect its
members’ lawful and legitimate rights and interests in labour relations at the
enterprise, together with the employer to resolve issues related to the rights,
obligations and interests of workers and employers, and to establish progressive,
harmonious and stable labour relations.
c) Requirements and procedures for workers to join and leave the workers’
organisation at the enterprise.
A single workers’ organisation at the enterprise shall not comprise both ordinary
workers and workers who directly engage in decision-making processes relating
to working conditions, recruitment, labour discipline, termination of
employment contracts or transfer of workers to perform other work.
d) Organisational structure, terms of office and representatives of the
organisation.
dd) Organisational and operational principles.
e) The procedures for endorsing decisions of the organisation.
Matters that must be decided by a majority of members include: adopting,
amending and supplementing the constitution of the organisation; electing and
dismissing the head and members of the leadership committee of the
organisation; dividing, splitting, merging, consolidating, renaming, dissolving and
association of the organisation; and joining the Viet Nam Trade Union.
g) Membership dues, and the sources, use and management of assets and
financial resources of the organisation.
The financial revenue and expenditures of workers’ organisations at enterprises
must be monitored, documented and made publicly available annually to the
members of the organisation.
h) Internal procedures for complaints and the resolution of complaints.
2. The Government shall provide details for this Article.
Article 175. Strictly prohibited acts by employer relating to establishment,
joining and operation of workers’ representative organisations
1. Discriminating against workers or members of the leadership committees of
workers’ representative organisations at the grassroots level due to establishing,
joining or operating workers’ representative organisations, including:
a) Requesting to join, not join or leave a workers’ representative organisation at
the grassroots level as a requirement for recruitment or concluding or extending
employment contracts.
b) Dismissing, disciplining, unilaterally terminating an employment contract, not
renewing or extending an employment contract or transferring workers to
perform other work.

69
c) Discriminating in relation to wages, working hours or other rights and
obligations in labour relations.
d) Impeding or obstructing employment in order to undermine the activities of
workers’ representative organisations at the grassroots level.
2. Interfering in or manipulating the processes for establishment, elections,
development of work plans or implementation of the activities of workers’
representative organisations at the grassroots level, including using financial
support or other economic measures to neutralize or undermine the
representative function of workers’ representative organisations at the
grassroots level or discriminating among the workers’ representative
organisations at the grassroots level.

Article 176. Rights of members of leadership committees of workers’

representative organisations at the grassroots level
1. The members of leadership committees of workers’ representative
organisations at the grassroots level have the following rights:
a) To have access to workers at the workplace while carrying out the activities of
the workers’ representative organisations at the grassroots level. The
performance of such tasks must not affect the normal operations of the
employers.
b) To have access to employers in order to carry out the representative activities
of workers’ representative organisations at the grassroots level.
c) To spend working time as stipulated in Clauses 2 and 3 of this Article to
perform the activities of workers’ representative organisations at the grassroots
level while being paid by the employer.
d) To benefit from other protections in labour relations and in carrying out
representative functions in line with the law.
2. The Government shall stipulate the minimum time to be provided by
employers to all members of the leadership committee of a workers’
representative organisation at the grassroots level to perform the tasks of the
representative organisation based on the number of members of the
organisation.
3. Workers’ representative organisations at the grassroots level and employers
shall reach an agreement on additional time apart from the minimum time
stipulated in Clause 2 of this Article and on the use of the working time of the
members of the leadership committee of a workers’ representative organisation
at the grassroots level that is appropriate to the practical conditions.
Article 177. Obligations of employers in relation to workers’ representative

70
organisations at the grassroots level
1. To refrain from creating obstructions or difficulties when workers conduct
lawful activities in order to establish, join and participate in the activities of
workers’ representative organisations at the grassroots level.
2. To recognize and respect the rights of legally established workers’
representative organisations at the grassroots level.
3. To reach written agreements with the leadership committees of workers’
representative organisations at the grassroots level whenever unilaterally
terminating employment contracts or transferring workers to perform other
work or applying disciplinary dismissal for workers who are members of
leadership committees of workers’ representative organisations at the
grassroots level. In cases where agreement cannot be reached, the two parties
must report to the specialized labour agency of the Provincial People’s
Committee. The employer shall only have the right to make the decision after 30
days from the date of reporting to the state specialized labour agency of the
Provincial People’s Committee. In cases where they do not agree with the
employer’s decision, the workers and the leadership committees of workers’
representative organisations at the grassroots level have the right to request for
labour dispute resolution in line with the sequence and procedures stipulated in
the law.
4. To extend the employment contracts until the end of their terms of office for
workers whose contracts expire while they are incumbent members of the
leadership committees of workers’ representative organisations at the
grassroots level.
5. Other obligations in accordance with the law.
Article 178. Rights and obligations of workers’ representative organisations at
the grassroots level in labour relations
1. To conduct collective bargaining with employers in accordance with this Code.
2. To conduct dialogues at the workplace in accordance with this Labour Code.
3. To be consulted during the development of wage scales, wage tables, work
norms, regulations on payments and bonuses, internal work regulations and
issues relating to rights and interests of workers who are their members.
4. To represent workers in the resolution of individual complaints and labour
disputes when authorised by the workers.
5. To organise and lead strikes in accordance with this Code.
6. To receive the technical assistance from agencies or organisations which are
registered to legally operate in Viet Nam in order to understand labour law, and
on the sequence and procedures for establishing workers’ representative

71
organisations and performing their representative activities in labour relations
after registration is issued.
7. To have employers arrange a work space and provide information and ensure
the necessary conditions for the operations of the workers’ representative
organisation at the grassroots level.
8. To have other rights and obligations in accordance with the law.

CHAPTER XIV
RESOLUTION OF LABOUR DISPUTES

Section 1
GENERAL PROVISIONS FOR THE RESOLUTION OF LABOUR DISPUTES

Article 179. Labour disputes

1. Labour disputes are disputes concerning the rights, obligations or interests
that arise among the parties in the process of establishing, implementing or
terminating labour relations, disputes among workers’ representative
organisations, or disputes arising from relations that are directly related to
labour relations. Labour disputes include:
a) Individual labour disputes between a worker and an employer, between a
worker and an enterprise or organisation sending the worker to work overseas
under contract, or between dispatched workers and the hiring party.
b) Rights-based or interest-based collective labour disputes between one or
more workers’ representative organisations and an employer or one or more
employers’ organisations.
2. Rights-based collective labour disputes are disputes between one or more
workers’ representative organisations and an employer or one or more
employers’ organisations that arise in the following cases:
a) Differences in the understanding and implementation of the terms and
conditions in collective bargaining agreements, internal work regulations or
other lawful regulations and agreements.
b) Differences in the understanding and implementation of labour law.
c) When employers discriminate against workers or members of the leadership
committee of a workers’ representative organisations on the grounds of
establishing, joining or undertaking activities of the workers’ representative

72
organisation, intervene in or manipulate a workers’ representative organisation,
or fail to comply with the obligation to negotiate in good faith.
3. Interest-based collective labour disputes include:
a) Labour disputes that arise during collective bargaining processes.
b) When either party rejects collective bargaining or does not undertake
bargaining within the time stipulated by the law.
Article 180. Principles of resolution of labour disputes
1. Respect for the right of each party to self-determination through negotiation
throughout the labour dispute resolution process.
2. Recognizing the value of labour dispute resolution through mediation and
arbitration on the basis of respect for the rights and interests of each party to
the dispute, respect for the public interest, and compliance with the law.
3. Openness, transparency, objectivity, timeliness, promptness and compliance
with the law.
4. Ensuring the involvement of the representatives of each party during the
labour dispute resolution process.
5. The resolution of labour disputes shall be carried out by authorised agencies,
organisations and individuals upon the request of the disputing parties, or upon
the request of competent agencies, organisations and individuals with the
agreement of the disputing parties.
Article 181. Responsibilities of agencies and organisations in resolving labour
disputes
1. State labour management agencies are responsible to collaborate with
workers’ representative organisations and employers’ representative
organisations to guide, support and assist the parties in resolving their labour
disputes.
2. The Ministry of Labour, Invalids and Social Affairs shall organise training to
improve the professional capacity of labour mediators and arbitrators in labour
dispute resolution.
3. Upon request, the specialized labour agency of the People’s Committee is the
focal point to receive requests for resolving labour disputes and has the
responsibility to classify, guide, support and assist the parties in resolving their
labour disputes.
Within 05 working days, the agency receiving the request for labour dispute
resolution has the responsibility to forward the request to the labour mediator
in cases of compulsory labour mediation or to the Labour Arbitration Council in

73
cases requesting arbitration, or to provide guidance on sending the request to
the Court for resolution.
Article 182. Rights and obligations of the two parties in resolving labour disputes
1. During the labour dispute resolution process, the parties have the following
rights:
a) To participate directly or through a representative in the labour dispute
resolution process.
b) To withdraw the request or change the contents of the request.
c) To request to change the person assigned to resolve the labour dispute if they
have a reason to believe that person may not be impartial or objective in dealing
with the case.
2. During the labour dispute resolution process, the parties have the following
obligations:
a) To promptly and adequately provide documents and evidence to support their
requests.
b) To abide by the agreement reached, the decision of the Labour Arbitration
Panel, or the decision or judgement of the Court once it comes into effect.
Article 183. Rights of agencies, organisations and individuals that are authorised
to resolve labour disputes
Agencies, organisations or individuals that are authorised to resolve labour
disputes, within the scope of their mandates and authority, have the right to
request the disputing parties and concerned agencies, organisations or
individuals to provide documents and evidence, to request verification, and to
invite witnesses and other relevant persons.
Article 184. Labour mediators
1. A labour mediator is a person appointed by the Chairperson of a Provincial
People’s Committee for the purpose of mediating labour disputes and disputes
over vocational training contracts, and supporting the development of labour
relations.
2. The Government stipulates the criteria, sequence and procedures for making
appointments, the regulations, operational conditions and management of
labour mediators, and the authority, sequence and procedures for appointing
labour mediators.
Article 185. Labour Arbitration Council
1. The Chairperson of the Provincial People’s Committee shall decide on the
establishment of the Labour Arbitration Council, and appoint the Chairperson,

74
Secretary and other members of the Labour Arbitration Council. The working
term of the Labour Arbitration Council is 5 years.
2. The number of labour arbitrators of the Labour Arbitration Council shall be
decided by the Chairperson of the Provincial People’s Committee, and will be a
minimum of 15 members, including equal proportions nominated by each party,
specifically:
a) At least 5 members nominated by the specialized labour agency of the
Provincial People’s Committee, including the Council Chairperson who is a
representative of the leadership, and the Council Secretary who is a civil servant
of the specialized labour agency of the Provincial People’s Committee.
b) At least 5 members nominated by the provincial trade union.
c) At least 5 members that the employer’s representative organisations located
in the province agree to nominate.
3. The criteria and working mechanisms for labour arbitrators are stipulated as
follows:
a) Labour arbitrators are persons who have a knowledge of the law, experience
in labour relations, credibility and impartiality.
b) When nominating labour arbitrators as stipulated in Clause 2 of this Article,
the specialized labour agency of the Provincial People’s Committee, the
provincial trade union and the employers’ representative organisations may
nominate staff of their own agency or organisation or other persons that fully
meet the regulatory criteria of labour arbitrators.
c) The Secretary of the Labour Arbitration Council carries out the regular tasks of
the Labour Arbitration Council. Labour arbitrators work on full time or part time
basis.
4. Upon the request for labour dispute resolution in accordance with Articles
189, 193 and 197 of this Code, the Labour Arbitration Council makes a decision
to establish a Labour Arbitration Panel as follows:
a) The representative of each disputing party selects 01 arbitrator from the list
of labour arbitrators.
b) The labour arbitrators nominated by the parties under point a of this Clause
shall agree to select 01 other labour arbitrator to be the chair of the Labour
Arbitration Panel.
c) In cases where the disputing parties select the same labour arbitrator to settle
the dispute, the Labour Arbitration Panel shall consist only of the 01 labour
arbitrator that was selected.

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5. The Labour Arbitration Panel operates on a collective principle and makes
decisions according to the majority, except in cases stipulated in point c, Clause
4 of this Article.
6. The Government shall stipulate the detailed criteria, conditions, sequence and
procedures for the appointment and dismissal of labour arbitrators, the benefits
and operational conditions for labour arbitrators and the Labour Arbitration
Council, the organisation and operations of the Labour Arbitration Council, and
the establishment and operations of the Labour Arbitration Panel as specified in
this Article.
Article 186. Prohibition of unilateral action during the process of resolving labour
disputes
While a labour dispute is being resolved by the authorised agencies,
organisations and individuals within the period stipulated by this Code, neither
party shall take unilateral action against the other party.
Section 2
AUTHORITY AND PROCEDURES FOR RESOLVING INDIVIDUAL LABOUR
DISPUTES
Article 187. Authority for resolving individual labour disputes
Agencies, organisations and individuals having the authority to resolve individual
labour disputes include:
1. The labour mediator.
2. The Labour Arbitration Council.
3. The People’s Court.
Article 188. Sequence and procedures for resolving individual labour disputes by
labour mediators
1. Individual labour disputes must go through mediation with labour mediators
before any request is made for resolution by the Labour Arbitration Council or
the Court, except for the following labour disputes for which mediation is not
mandatory:
a) Disputes over disciplinary action in the form of dismissal or disputes over
unilateral termination of an employment contract.
b) Disputes over compensation for damages or allowances upon terminating an
employment contract.
c) Disputes between a domestic worker and their employer.
d) Disputes over social insurance according to the law on social insurance, over
health insurance according to the law on health insurance, over unemployment

76
insurance according to the law on employment, or over occupational accident
and disease insurance according to the law on occupational safety and health.
dd) Disputes over compensation for damages between a worker and the
enterprise or organisation sending the worker to work overseas under contract.
e) Disputes between a dispatched worker and the hiring party.
2. Within 05 working days from the date of receiving a request to resolve the
dispute from the requesting party or from agencies as stipulated in Clause 3 of
Article 181 of this Code, the labour mediator must complete the mediation
process.
3. Both disputing parties must be present at the mediation meeting. The
disputing parties may authorise another person to participate in the mediation
meeting.
4. The labour mediator is responsible to guide and support the parties in
negotiating to resolve the dispute.
In cases where the parties reach an agreement, the labour mediator shall
produce a record of successful mediation. The record of successful mediation
must be signed by the disputing parties and the labour mediator.
Where the parties fail to reach an agreement, the labour mediator shall suggest
a mediation option for the parties to consider. In cases where this option is
accepted by the parties, the labour mediator shall produce a record of successful
mediation. This record must be signed by the disputing parties and the labour
mediator.
Where the option suggested by the mediator is not accepted or where either
party, upon being duly summoned for the second time, has failed to appear
without just reasons, the labour mediator shall produce a record of unsuccessful
mediation. This record must be signed by the disputing party or parties that are
present and the labour mediator.
5. Copies of the record of successful or unsuccessful mediation must be sent to
the disputing parties within 01 working day from the date that the record is
produced.
6. In cases where either party fails to execute the agreements in the record of
successful mediation, the other party has the right to request the Labour
Arbitration Council or Court for resolution.
7. In cases where mediation is not mandatory as specified in Clause 1 of this
Article or where the labour mediator fails to conduct the mediation within the
time limits specified in Clause 2 of this Article or in cases where mediation is
unsuccessful as specified in Clause 4 of this Article, the disputing parties may
choose one of the following methods to resolve the case:

77
a) Requesting the Labour Arbitration Council for resolution in accordance with
Article 189 of this Code.
b) Requesting the Court for resolution.
Article 189. Resolution of individual labour disputes by the Labour Arbitration
Council
1. Upon consensus, the disputing parties may request labour dispute resolution
by the Labour Arbitration Council for cases stipulated in Clause 7 of Article 188
of this Code. When requesting the Labour Arbitration Council to resolve a
dispute, the disputing parties are not permitted to request for dispute resolution
by the Court at the same time, except in cases stipulated in Clause 4 of this
Article.
2. Within 7 working days from the date of receiving the request for dispute
resolution as stipulated in Clause 1 of this Article, a Labour Arbitration Panel shall
be established for the purpose of dispute resolution.
3. Within 30 days from the date of establishing the Labour Arbitration Panel, the
Panel shall issue a decision on the dispute and send this to the disputing parties.
4. In cases where the Labour Arbitration Panel is not established within the
period as stipulated in Clause 2 of this Article or the Labour Arbitration Panel fails
to issue a decision on dispute resolution within the time limit as stipulated in
Clause 3 of this Article, the parties have the right to request the Court for
resolution.
5. In case either party fails to execute the decision issued by the Labour
Arbitration Panel, the parties have the right to request the Court for resolution.
Article 190. Statutory limitations for requesting resolution of individual labour
disputes
1. The statutory limitation to request a labour mediator to resolve an individual
labour dispute is 06 months from the date that the disputing party detects the
action deemed to infringe on their lawful rights and interests.
2. The statutory limitation to request the Labour Arbitration Council to resolve
an individual labour dispute is 09 months from the date that the disputing party
detects the action deemed to infringe on their lawful rights and interests.
3. The statutory limitation to request the Court to resolve an individual labour
dispute is 01 year from the date that the disputing party detects the action
deemed to infringe on their lawful rights or interests.
4. In cases where the requesting party can prove that, due to force majeure
events, objective obstructions or other reasons in accordance with the law, the
request cannot be made within the statutory limitation as stipulated in this
Article, the duration of such force majeure, objective obstruction or reason shall

78
not be counted in the statutory limitation for requests the individual labour
dispute resolution.
Section 3
AUTHORITY AND PROCEDURES FOR RESOLVING RIGHTS-BASED COLLECTIVE
LABOUR DISPUTES
Article 191. Authority to resolve rights-based collective labour disputes
1. Agencies, organisations and individuals having the authority to resolve rights-
based collective labour disputes include:
a) The labour mediator.
b) The Labour Arbitration Council.
c) The People’s Court.
2. Right-based collective labour disputes must be resolved through mediation
procedures with a labour mediator prior to requesting resolution by the Labour
Arbitration Council or People’s Court.
Article 192. Sequence and procedures for resolving rights-based collective labour
disputes
1. The sequence and procedures for mediation of rights-based collective labour
disputes shall be implemented in accordance with Clauses 2, 3, 4, 5 and 6 of
Article 188 of this Code.
For disputes specified in points b and c, Clause 2 of Article 179 of this Code in
which a breach of the law is identified, the labour mediator shall produce a
record and forwards the record and dossier to the authorised authority for
consideration and handling in accordance with the law.
2. In cases of unsuccessful mediation or where the labour mediator fails to
commence the mediation within the time limits specified in Clause 2 of Article
188 of this Code, the disputing parties have the right to choose from one of the
following methods to resolve the dispute:
a) Requesting the Labour Arbitration Council for resolution in accordance with
Article 193 of this Code.
b) Requesting the Court for resolution.
Article 193. Resolution of rights-based collective labour disputes by the Labour
Arbitration Council
1. Upon consensus, the disputing parties have the right to request dispute
resolution by the Labour Arbitration Council for cases where mediation is
unsuccessful or where the labour mediator fails to conduct the mediation within
the time limits specified in Clause 2 of Article 188 of this Code or either party
fails to execute the agreement recorded in the successful mediation record.

79
2. Within 7 working days from the date of receiving the request for dispute
resolution as specified in Clause 1 of this Article, a Labour Arbitration Panel shall
be established for the purpose of dispute resolution.
3. Within 30 days from the date of establishment, the Labour Arbitration Panel
must, based on the provisions of labour law, relevant collective bargaining
agreements, registered internal work regulations, and other lawful regulations
and agreements, issue a decision on the dispute resolution and send it to the
disputing parties.
With respect to disputes specified in points b and c, Clause 2 of Article 179 of
this Code in which a breach of the law is identified, the Labour Arbitration Panel
shall not deliver a decision, but shall produce a record and forward the record
and dossier to the authorised authority for consideration and handling in
accordance with the law.
4. In cases where the parties choose to have their disputes resolved by the
Labour Arbitration Council in accordance with this Article, the parties shall not,
at the same time, request resolution by the Court.
5. In cases where the Labour Arbitration Panel is not established within the time
limit specified in Clause 2 of this Article or where the Labour Arbitration Panel
fails to deliver a decision to resolve the dispute within the time limit specified in
Clause 3 of this Article, the disputing parties may request resolution by the Court.
6. Where either party fails to execute the decision issued by the Labour
Arbitration Panel, the parties may request resolution by the Court.
Article 194. Statutory limitations for requesting resolution of rights-based
collective labour disputes
1. The statutory limitation to request the labour mediator to mediate a rights-
based collective labour dispute is 06 months from the date that the disputing
party detects the action deemed to infringe their lawful rights.
2. The statutory limitation to request for the Labour Arbitration Council to settle
a rights-based collective labour dispute is 09 months from the date that the
disputing party detects the action deemed to infringe their lawful rights.
3. The statutory limitation to request for the Court to resolve a rights-based
collective labour dispute is 01 year from the date that the disputing party detects
the action deemed to infringe their lawful rights.
Section 4
AUTHORITY AND PROCEDURES FOR RESOLVING INTEREST-BASED COLLECTIVE
LABOUR DISPUTES

Article 195. Authority to resolve interest-based collective labour disputes

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1. Organisations and individuals having the authority to resolve interest-based
collective labour disputes include:
a) The labour mediator.
b) The Labour Arbitration Council.
2. Interest-based collective labour disputes must be settled through mediation
by a labour mediator prior to requesting resolution by the Labour Arbitration
Council or going on strike.
Article 196. Sequence and procedures for resolving interest-based collective
labour disputes
1. The sequence and procedures for mediation of interest-based collective
labour disputes shall comply with Clauses 2, 3, 4 and 5 of Article 188 of this Code.
2. In cases where mediation is successful, a record of successful mediation must
be produced containing all contents agreed by the parties, signed by the parties
and the labour mediator. The record of successful mediation shall be considered
to have the same validity as a collective bargaining agreement of the enterprise.
3. In cases where mediation is unsuccessful or where the labour mediator fails
to conduct the mediation within the time limits specified in Clause 2 of Article
188 of this Code or either party fails to execute the agreement stated in the
record of successful mediation, the disputing parties may select one of the
following methods to resolve the dispute:
a) Requesting the Labour Arbitration Council for resolution in accordance with
Article 197 of this Code.
b) The workers’ representative organisation may initiate the procedures for
strike action as stipulated in Articles 200, 201 and 202 of this Code.
Article 197. Resolution of interest-based collective labour disputes by a Labour
Arbitration Council
1. Upon consensus, the disputing parties have the right to request dispute
resolution by the Labour Arbitration Council in cases where mediation is
unsuccessful or where the labour mediator fails to conduct the mediation within
the time limits specified in Clause 2 of Article 188 of this Code or either party
fails to execute the agreement recorded in the successful mediation record.
2. Within 7 working days from the date of receiving the request for dispute
resolution as stipulated in Clause 1 of this Article, a Labour Arbitration Panel
must be established for the purpose of dispute resolution.
3. Within 30 days from the date of establishment, the Labour Arbitration Panel,
based on the regulations in the labour law, collective bargaining agreements,
internal work regulations and other lawful regulations and agreements, must
issue a decision on dispute resolution and send it to the disputing parties.

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4. Where the parties choose to have their dispute resolved by the Labour
Arbitration Council in accordance with this Article, the workers’ representative
organisation shall not conduct a strike during the arbitration process.
Where the Labour Arbitration Panel is not established within the time limit
specified in Clause 2 of this Article or where the Arbitration Panel fails to deliver
a decision to resolve the dispute within the time limit specified in Clause 3 of this
Article or the employer, as a disputing party, fails to execute the decision issued
by the Labour Arbitration Panel, the workers’ representative organisation as a
disputing party may initiate the procedures for strike action as stipulated in
Articles 200, 201 and 202 of this Code.
Section 5
STRIKES
Article 198. Strikes
A strike is a temporary, voluntary and organised stoppage of work by workers in
order to achieve their demands in the process of labour dispute resolution, and
is organised and led by the workers’ representative organisation with the right
to collective bargaining that is a party to the collective labour dispute.
Article 199. Cases in which workers have right to strike
The workers’ representative organisation at the grassroots level as a party to an
interest-based collective labour dispute has the right to initiate the procedures
for strike action specified in Articles 200, 201 and 202 of this Code in the
following cases:
1. Mediation is unsuccessful or the labour mediator fails to conduct the
mediation within the time limit specified in Clause 2 of Article 188 of this Code.
2. The Labour Arbitration Panel is not established or is established but fails to
issue a decision to resolve the dispute, or the employer that is a disputing party
fails to execute the dispute resolution decision issued by the Labour Arbitration
Panel.
Article 200. Procedures for going on strike
1. Obtain opinions on the strike in accordance with Article 201 of this Code.
2. Issue a decision to strike and a notice of the strike in accordance with Article
202 of this Code.
3. Conduct the strike.
Article 201. Obtaining opinions on a strike
1. Before commencing a strike, the workers’ representative organisation that has
the right to organise and lead the strike as stipulated in Article 198 of this Code
is responsible for obtaining opinions from all workers or from members of the

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leadership committees of the workers’ representative organisations
participating in the collective bargaining.
2. The obtention of opinions shall include the following contents:
a) Approval or disapproval of the strike.
b) Options suggested by the workers’ representative organisations on the
matters specified in points b, c and d of Clause 2 of Article 202 of this Code.
3. The obtention of opinions is implemented directly by collecting ballots or
signatures, or by another means.
4. The time, venue and method of obtaining opinions is determined by the
workers’ representative organisation, and must be notified to the employer at
least 01 day in advance. The activity of obtaining opinions must not affect the
normal business operations of the employer. The employer is not allowed to
obstruct, impede or intervene in the process of obtaining opinions conducted by
the workers’ representative organisation.
Article 202. Decision to strike and notice of the starting time of the strike
1. When more than 50% of the persons whose opinions were obtained as
prescribed in Clause 2 of Article 201 of this Code agree with the proposal to
strike, the concerned workers’ representative organisation issues a written
decision to go on strike.
2. The decision to go on strike must include the following contents:
a) The result of obtaining opinions on going on strike.
b) The starting time and location of the strike.
c) The scope of the strike.
d) The demands of the workers.
dd) The full name and address of the representatives of the workers’
representative organisation organising and leading the strike.
3. At least 05 working days prior to the starting date of the strike, the workers’
representative organisation organising and leading the strike must send the
written decision to go on strike to the employer, the District People’s Committee
and the specialized labour agency of the Provincial People’s Committee.
4. When the starting time of the strike arrives, if the employer still does not
accept the demands of the workers then the workers’ representative
organisation shall organise and lead the strike.

Article 203. Rights of the parties prior to and during a strike

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1. To continue to reach an agreement to resolve the concerned collective labour
dispute, or to jointly request a labour mediator or a Labour Arbitration Council
for mediation and resolution.
2. The workers’ representative organisation that is entitled to organise and lead
the strike as stipulated in Article 198 of this Code has the following rights:
a) To withdraw the decision to go on strike if the strike has not yet taken place
or to end the strike if it is taking place.
b) To request the Court to declare the strike lawful.
3. Employers have the following rights:
a) To accept all or part of the demands, and announce this in writing to the
workers’ representative organisation that is organising and leading the strike.
b) To temporarily close the workplace during the strike due to insufficient
conditions to maintain normal operations or to protect the employer’s assets.
c) To request the Court to declare the strike illegal.
Article 204. Cases where strikes are illegal
1. Not within lawful strikes stipulated in Article 199 of this Code.
2. Not organised and led by the workers’ representative organisation that has
such rights to organise and lead the strike.
3. Violation of regulations on sequence and procedures to go on strike as
stipulated in this Code.
4. When the collective labour dispute is being resolved by the authorised
agencies, organisations and individuals in accordance with this Code.
5. The strike is conducted in a case in which a strike is not allowed, as stipulated
in Article 209 of this Code.
6. When a decision to postpone or cancel the strike has been issued by an
authorised agency as stipulated in Article 210 of this Code.
Article 205. Notice of the decision on temporary closure of the workplace
At least 03 working days before the date of temporary closure of the workplace,
the employer must publicly post the decision on the temporary closure of the
workplace at the workplace, and shall notify the following agencies and
organisations:
1. The workers’ representative organisation that is organising and leading the
strike.
2. The Provincial People’s Committee in the location where it is planned to close
the workplace.

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3. The District People’s Committee in the location where it is planned to close
the workplace.
Article 206. Cases in which the temporary closure of the workplace is prohibited
1. 12 hours prior to the starting time of a strike as stated in the decision to go on
strike.
2. After the workers have stopped a strike.
Article 207. Wages and other lawful rights of workers during strikes
1. Workers who do not take part in the strike but are forced to stop working due
to the strike are entitled to a work suspension allowance in accordance with
Clause 2 of Article 99 of this Code and are entitled to other benefits as stipulated
in the labour laws.
2. Workers who take part in the strike shall not be paid wages and other benefits
as stipulated by law, unless agreed otherwise by both parties.
Article 208. Strictly prohibited acts before, during and after a strike
1. Obstructing workers in exercising their right to strike, inciting, inducing or
forcing workers to go on strike, or preventing workers who do not take part in
the strike from working.
2. Using violence, or sabotaging machines, equipment or assets of the employer.
3. Violating public order and security.
4. Terminating the employment contract or imposing labour disciplinary
measure on workers or strike leaders, or transferring workers or strike leaders
to other work or other workplaces on the ground of preparing to go on strike or
participating in the strike.
5. Retaliating against or inflicting punishment on workers who take part in a
strike or strike leaders.
6. Taking advantage of a strike to commit illegal acts.
Article 209. Undertakings where strikes are not allowed
1. Strikes are not allowed in undertakings where a strike may threaten national
defence and security, public order or human health.
2. The Government shall stipulate the list of undertakings where strikes are not
allowed and the resolution of labour disputes in undertakings where strikes are
not allowed as specified in Clause 1 of this Article.
Article 210. Decisions on postponing or stopping strikes
1. When deeming that a strike presents a risk of serious damage to the national
economy, public interest, national defence and security, public order or human

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health, the Chairperson of the Provincial People’s Committee shall issue a
decision to postpone or stop the strike.
2. The Government shall provide details on postponing or stopping the strike and
addressing the rights and interests of the workers.
Article 211. Resolution of strikes that do not follow the statutory procedures
Within 12 hours of the receipt of notification of a strike that does not comply
with Articles 200, 201 and 202 of this Code, the Chairperson of the District
People’s Committee shall lead and direct the agency specialized in labour to
collaborate with trade unions at the same level and other relevant agencies and
organisations to directly meet with the employer and the leadership
representatives of the workers’ representative organisations at the grassroots
level in order to listen to their opinions and support the parties to find a
resolution and to resume the normal operation of the enterprise.
In cases where a violation of the law is identified, it shall be recorded, handled
or referred to the authorised agency to handle individuals or organisations that
violate the law, in accordance with the law.
For labour disputes issues, depending on the type of dispute, the parties shall be
provided with guidance and support to initiate procedures to resolve the labour
dispute in accordance with this Code.
CHAPTER XV
STATE MANAGEMENT OF LABOUR
Article 212. Scope of state management of labour
1. Issuing and organising the implementation of legal documents on labour.
2. Monitoring, produce statistics and providing information on labour supply and
demand and fluctuations in labour supply and demand; deciding on wage
policies for workers; deciding on human resource policies and plans, the
distribution and utilization of workers across the society, vocational education
and vocational skills development; and developing frameworks for national
vocational skills qualifications and the Vietnam National Qualification
Framework for various vocational education levels. Issuing the list of occupations
for which only workers who have undertaken vocational education and training
or have obtained a national certificate of vocational skills can be employed.
3. Organising and conducting scientific research on labour, statistics and
information on labour and the labour market, on living standards, and on
workers’ wages and income; and carrying out labour management in terms of
labour quantity, quality and fluctuations.
4. Building mechanisms and institutions to support the development of
progressive, harmonious and stable labour relations, promoting the application

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of this Code for persons working without an employment relationship, and
registering and administering the operations of workers’ representative
organisations at enterprises.
5. Examining, inspecting, handling violations and resolving complaints and
denunciations on labour, and resolving labour disputes in accordance with the
law.
6. International cooperation in the area of labour.
Article 213. Authorisation of state management of labour
1. The Government implements state management of labour uniformly
nationwide.
2. The Ministry of Labour-Invalids and Social Affairs is responsible before the
Government for implementing state management of labour.
3. Ministries and ministerial-level agencies, within their respective mandates and
authority, are responsible for implementation and for cooperation with the
Ministry of Labour-Invalids and Social Affairs on state management of labour.
4. People's Committees at all levels implement state management of labour
within their respective localities.
CHAPTER XVI
LABOUR INSPECTION AND DEALING WITH VIOLATIONS OF LABOUR LAW
Article 214. Scope of labour inspection
1. Inspecting compliance with labour law.
2. Investigating labour accidents and other violations related to occupational
safety and health.
3. Participating in the guiding the application of technical standards and norms
on working conditions and occupational safety and health.
4. Handling complaints and denunciations regarding labour issues as stipulated
by law.
5. Handling violations of labour law within their area of authorisation or
requesting other authorised authorities to deal with violations of labour law.
Article 215. Specialized labour inspection
1. Specialized labour inspection shall be conducted in accordance with the Law
on Inspection.
2. The inspection of occupational safety and health shall be carried out in
accordance with the Law on Occupational Safety and Health.
Article 216. Rights of labour inspectors

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Labour inspectors have the right to inspect and investigate places under their
assigned topics and scope of inspection in accordance with the inspection
decision.
When an unscheduled inspection is conducted according to the decision of an
authorised person in cases where an emergency threatens the safety, life,
health, honour or dignity of the workers at a workplace, no prior notice is
required.
Article 217. Handling violations
1. Any person who violates this Code shall, depending on the nature and
seriousness of the violation, be dealt with by a disciplinary measure,
administrative sanction or prosecution for criminal liability, and must
compensate for damages, if any, as stipulated by law.
2. In cases where the Court declares a strike unlawful, the workers participating
in the strike must stop the strike immediately and return to work. If the workers
fail to stop striking or to return to work then labour discipline measures may be
applied in line with the labour laws, depending on the level of violation.
In cases where an unlawful strike causes damage to the employer, the workers’
representative organisations that organise and lead the strike must compensate
for the damage to the employer in accordance with the law.
3. Persons who take advantage of a strike to damage public disorder and safety
or to damage machines, equipment and assets of employers; persons who
obstruct the exercise of the right to strike; persons who incite or coerce workers
to go on strike; and persons who commit acts of retaliation or revenge against
strikers or strike leaders, shall be subject to administrative sanction or be
prosecuted for criminal liability, depending on the level of the violation. If any
damage is caused, compensation must be paid in accordance with the law.

CHAPTER XVII

IMPLEMENTATION PROVISIONS

Article 218. Exemptions or reductions in cases where less than 10 workers are
employed
Employers who employ less than 10 workers shall follow the stipulations in this
Code however with a number of reduced or exempted procedures as stipulated
by the Government.

Article 219. Amending and supplementing a number of articles in certain laws

related to labour

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1. A number of articles in Law No. 58/2014/QH13 on Social Insurance are
amended and supplemented in line with Law no. 84/2015/QH13 and Law No.
35/2018/QH14:
a. Article 54 is amended and supplemented as follows:
"Article 54. Conditions for receiving a pension
1. Workers defined in points a, b, c, d, g, h and i, Clause 1 of Article 2 of this Law,
excluding those defined in Clause 3 of this Article, who leave employment after
having paid social insurance contributions for 20 full years or more are entitled
to a pension in the following cases:
a) Reaching the age stipulated in Clause 2 of Article 169 of the Labour Code.
b) Reaching the age stipulated in Clause 3 of Article 169 of the Labour Code and
having completed 15 years performing heavy, hazardous or harmful occupations
or work or extremely heavy, hazardous or harmful occupations or work on the
list issued by the Ministry of Labour - Invalids and Social Affairs, or having 15
years working in regions with particularly difficult socio-economic conditions
including time working in areas with a regional allowance coefficient of 0.7 or
more prior to January 1, 2021.
c) Workers aged up to 10 years less than the retirement age stipulated in Clause
2 of Article 169 of the Labour Code, and having completed 15 years working in
coal mines.
d) Persons who are infected with HIV due to occupational risks while performing
their assigned job.
2. Workers defined in points dd and e of Clause 1 of Article 2 of this Law who
leave employment after having paid social insurance contributions for 20 years
or more are entitled to a pension in the following cases:
a) Aged up to 05 years less than the retirement age stipulated in Clause 2 of
Article 169 of the Labour Code, unless otherwise provided for by the Law on
Officers of the Viet Nam People’s Army, the Law on People’s Public Security
Force, the Law on Cipher, or the Law on Professional Service Personnel, National
Defence Workers and Officers.
b) Aged up to 05 years less than the retirement age stipulated in Clause 3 of
Article 169 of the Labour Code, and having completed 15 years performing
heavy, hazardous or harmful occupations or work or extremely heavy, hazardous
or harmful occupations or work on the list issued by the Ministry of Labour -
Invalids and Social Affairs, or having 15 years working in regions with particularly
difficult socio-economic conditions including time working in areas with a
regional allowance coefficient of 0.7 or more prior to January 1, 2021.

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c) Persons who are infected with HIV due to occupational risks while performing
their assigned job.
3. Female workers who are commune-level officers or part-time officers in
communes, wards or townships who leave employment after having paid social
insurance contributions for 15 years to less than 20 years, and reach the age of
retirement stipulated in Clause 2 of Article 169 of the Labour Code, are entitled
to pension.
4. The conditions regarding the age for receiving pensions in some special cases
are stipulated by the Government.
b. Article 55 is amended and supplemented as follows:
“Article 55. Conditions for workers to enjoy a pension when suffering from
reduced working capacity
1. Workers defined in points a, b, c, d, g, h and i, Clause 1 of Article 2 of this Law,
who leave employment after having paid social insurance contributions for at
least 20 years are entitled to a pension lower than that applicable to persons
who fully satisfy the conditions for a pension as specified at points a, b and c,
Clause 1 of Article 54 of this Law in the following cases:
a) Aged up to 05 years less than the retirement age stipulated in Clause 2 of
Article 169 of the Labour Code and suffering a decrease in working capacity of
between 61% and 81%.
b) Aged up to 10 years less than the retirement age stipulated in Clause 2 of
Article 169 of the Labour Code and suffering a decrease in working capacity
decrease of 81% or more.
c) Having had 15 years performing extremely heavy, hazardous or dangerous
occupations or work on the list issued by the Ministry of Labour - Invalids and
Social Affairs and suffering a decrease in working capacity of 61% or more.
2. Workers defined in points dd and e, Clause 1 of Article 2 of this Law who leave
employment after having paid social insurance contributions for at least 20 years
and are suffering a decrease in working capacity of 61% or more are entitled to
a pension lower than that applicable to persons who fully satisfy the conditions
for a pension as specified at points a and b, Clause 2 of Article 54 of this Law
when belonging to either of the following cases:
a) Aged up to 10 years less than the retirement age stipulated in Clause 2 of
Article 169 of Labour Code.
b) Having at least 15 years performing extremely heavy, hazardous or dangerous
occupations or work under the list issued by the Ministry of Labour - Invalids and
Social Affairs.”
c. Clause 1 of Article 73 is amended and supplemented as follows:

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"1. Workers are entitled to a pension when fully satisfying the following
conditions:
a) Reaching the age of retirement as stipulated in Clause 2 of Article 169 of the
Labour Code.
b) Having paid social insurance contributions for at least 20 years.”
2. Article 32 of the Civil Proceedings Code No. 92/2015/QH13 is amended and
supplemented as follows:
a) The title of Clause 1 is supplemented and Clauses 1a, 1b and 1c after Clause 1
are supplemented as follows:
“Article 32. Labour disputes and labour-related disputes under the jurisdictions
of Courts
1. Individual labour disputes between workers and employers for which the
compulsory mediation of the labour mediators has been successful and the
involved parties fail to comply with the mediation results, or has been
unsuccessful, or where mediation is not conducted within the statutory time
limit as regulated in the labour law, except the following disputes that do not
require compulsory mediation:
a) Disputes over labour discipline in the form of dismissal or over the unilateral
termination of employment contracts.
b) Disputes over compensation for damage or allowances upon termination of
employment contracts.
c) Disputes between domestic workers and their employers.
d) Disputes over social insurance according to social insurance law, over health
insurance according to health insurance law, over unemployment insurance
according to the law on employment or over occupational accident and diseases
insurance according to the law on occupational safety and health.
dd) Disputes over damage compensation between workers and enterprises or
organisations sending workers to work overseas under contract.
e) Disputes between dispatched workers and the hiring party.
1a. In individual labour disputes where the two parties agree to select the Labour
Arbitration Council to settle the dispute but the Labour Arbitration Panel is not
established, or the Panel fails to deliver its decision to resolve the dispute within
the time limit stipulated by labour law or either party fails to execute the decision
of the Panel, the parties shall be entitled to request the Court for settlement.
1b. In rights-based collective labour disputes under the labour law that have
been mediated unsuccessfully or where the labour mediator fails to conduct
mediation within the time limit stipulated by labour law or either party fails to

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execute the successful mediation record, the parties shall be entitled to request
the Court for resolution.
1c. In rights-based collective labour disputes where the two parties agree to
select the Labour Arbitration Council for resolution but the Labour Arbitration
Panel is not established within the time limit prescribed in the labour law or the
Panel fails to deliver its decision to resolve the dispute or either party fails to
execute the decision of the Panel, the parties shall be entitled to request the
Court for resolution."
b) Clause 2 of Article 32 shall be abrogated.
Article 220. Entry into force
1. This Code shall enter into force on January 1, 2021.
The Labour Code No. 10/2012/QH13 shall be annulled as of the date of entry
into force of this Code.
2. From the date when this Code enters into force, signed employment contracts,
collective bargaining agreements and other lawful agreements with contents
that do not contravene this Code or that provide more favourable rights and
conditions for workers than those provided in this Code shall remain in effect,
except in cases where the parties reach an agreement on amendments and
supplements to be in accordance with and to implement the provisions of this
Code.
3. The regime for cadres, civil servants, public employees, personnel belonging
to the People’s Army, People’s Police and social organisations, members of
cooperatives and persons working without an employment relationship shall be
regulated in different legal documents; however, depending on the particular
category, a number of provisions of this Code may be applied.

This Labour Code is adopted on November 20, 2019 by the National Assembly of
the Socialist Republic of Viet Nam, Term XVI, during the 8th Session.
CHAIRPERSON OF THE NATIONAL ASSEMBLY

Signed

Nguyen Thi Kim Ngan

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