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LAW
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LABOR CODE (No. 35/2002/QH10 of April 2, 2002) Pursuant to the 1992 Constitution of the
Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth
National Assembly, at its 10th session; This Law amends and supplements a number of
articles of the Labor Code which was passed
on June 23, 1994 of the IXth National Assembly, at its 5th
session. Article 1. – To amend and supplement the Preamble and a number of articles of the Labor
Code: 1. The last paragraph of the Preamble is amended and supplemented as
follows: “The Labor Code protects the right to work, the interests and other
rights of laborers, at the same time to protect the legitimate rights and
interests of employers,
creates conditions for the establishment of harmonious and stable labor
relations, contributing to promoting the creativeness and talents of
intellectual and manual laborers as well as of labor managers, in order to
achieve high productivity, quality and social progress in labor,
production, service, and efficient use and management of labor, thus
contributing to the national industrialization and modernization, to
attain the objective of a prosperous people, a strong country and an
equitable, democratic and civilized society.” 2. Article 18 is amended and supplemented as follows: “Article 18.- 1. The job-recommending organizations shall have the tasks of providing
advice and recommending jobs to laborers; supplying and recruiting labor
at the employers’ requests; gathering and providing information on the
labor market; and other tasks as prescribed by law. The Government shall stipulate the conditions and procedures for the
establishment and operation of job- recommending organizations. 2. Job-recommending organizations shall be entitled to collect charges, be
considered by the State for tax reduction or exemption, and be entitled to
organize job training according to the provisions in Chapter III of this
Code. 3. The Ministry of Labor, War Invalids and Social Affairs shall perform
the State management over the job-recommending organizations. 3. Article 27 is amended and supplemented as follow: “Article
27.-
1. Labor contracts must be made in one of the following forms: a/ Labor contracts with indefinite terms. A labor contract with an indefinite term is a contract whereby the two
parties do not determine the contract’s term and the time for its
termination; b/ Labor contracts with definite terms. A labor contract with a definite term is a contract whereby the two
parties determine the contract’s term and the time for its termination
within the duration of between full 12 months and 36 months; c/ Labor contracts for seasonal jobs or specific jobs with a term on under
12 months. 2. When labor contracts stipulated at Points b and c, Clause 1 of this
Article expire but the laborers still continue working, within 30 days
after their expiry, the two parties must sign new contracts; if new labor
contracts are not signed, the old contracts shall become labor contracts
with indefinite terms. Where the two parties must sign new labor contracts
which have a definite term, such labor contracts shall last for only one
more term, then if the laborers continue working, the two parties must
sign labor contracts with indefinite terms. 3. Labor contracts for seasonal jobs or specific jobs for terms of under
12 months must not be signed for regular jobs lasting for 12 months or
more, except for the cases of temporary substitution of the laborers who
are called up for military service, take maternity *** or other temporary
leaves.” 4. Clause 3 of Article 29 is amended and supplemented as follows: “3. In cases where labor contracts are detected with the contents
prescribed in Clause 2 of this Article, the labor inspectors shall guide
and request the involved parties to revise and/or supplement them
appropriately. If they fail to do so, the labor inspector shall be
entitled to force them to cancel such contents; the rights,
obligations and interests of the involved parties shall be dealt
with according to the provisions of law.” 5. Article 31 is amended and supplemented as follows: “Article 31. - In cases of
enterprise merger, consolidation, separation or splitting, transfer of the
right to own, manage or use assets, of enterprises, the succeeding
employers must continue performing the labor contracts with the
laborers. Where they cannot employ all the existing number of laborers,
they must work out employment plans as prescribed by law. Those laborers who are subject to the labor contract termination under the
provisions of this Article shall be provided with job-loss allowances as
prescribed in Clause 1, Article 17 of this Code.” 6. Article 33 is amended and supplemented as follows: “Article 33. – 1. Labor contracts shall take effect as from the date of signing or as
from the date agreed upon by the two involved parties or from the date the
laborers start working. 2. In the course of performing the labor contracts, if either party
requests alterations of the contractual contents, it must inform the other
party thereof at least three days in advance. Alterations of the labor
contract contents shall be effected by amending and/or supplementing the
concluded labor contracts or by concluding new ones. Where the two
involved parties fail to reach agreement on amendments and/or supplements
to their labor contracts or on the conclusion of new ones, they shall
continue performing the already concluded labor contracts or terminate
such contracts according to the provisions in Clause 3, Article 36 of this
Code.” 7. Article 37 is amended and supplemented as follows: “Article 37. – 1. The laborers working under labor contracts with definite terms of
between full 12 months and 36 months or under labor contracts for seasonal
or specific jobs for definite terms of under 12 months shall be entitled
to unilaterally terminate the contracts ahead of time in the following
cases: a/ They are not assigned the right jobs, not arranged to work in the right
working places, or not provided with working conditions as agreed upon in
the contracts; b/ They are not fully paid or are paid not according to the time limits
agreed upon in the contracts; c/ They are ill-treated; are forced to work; d/ They themselves or their families actually meet with difficulties so
that they cannot continue performing the contracts; e/ They are elected to full-time positions at people-elected agencies or
appointed to posts in the State apparatus; f/ Pregnant female laborers must take leave according to physicians’
prescription; g/ The laborers got sick or accidents and have been undergone medical
treatment for three consecutive months, for those who work under labor
contracts with definite terms of between full 12 months and 36 months, or
for one-quarter of the contractual term, for those who work under under-12
months labor contracts for seasonal or specific jobs, but their labor
capacity has not yet been recovered. 2. When unilaterally terminating their labor contracts under the
provisions in Clause 1 of this Article, the laborers must inform their
employers thereof in advance: a/ For cases specific at Points a, b, c and g, at least three days; b/ For cases specified at Points d and e, at least 30 days if the
contracts have a definite term of between full 12 months and 36 months; at
least three days if the contracts are for seasonal or specific jobs and
have a term of less than 12 months; c/ for the case specified at point f, according to the time limit
prescription in Article 112 of this Code. 3. The laborers who work under labor contracts with indefinite
term shall be entitled to unilaterally terminate their labor
contracts but must inform their employers thereof at least 45 days in
advance; the laborers who got sick or accidents and have undergone medical
treatment for six consecutive months, must inform their employers thereof
at least three days in advance.” 8. Article 38 is amended and supplemented as follows: “Article 38. – 1. The employers shall be entitled to unilaterally terminate the labor
contracts in the following cases: a/ The laborers regularly fail to finish the contractual jobs; b/ The laborers are disciplinarily dismissed under the provisions in
Article 85 of this Code; c/ The laborers working under labor contracts with indefinite terms got
sick and have undergone medical treatment for 12 consecutive months, the
laborers working under labor contracts with definite term of between full
12 months and 36 months got sick and have undergone medical treatment for
six consecutive months, and laborers working under under-12 months labor
contracts for seasonal or specific jobs got sick and have undergone
medical treatment for over half of their labor contracts’ term, but
their labor capacity has not yet been recovered. When the laborers’
health has fully recovered, they shall be considered for the conclusion of
new labor contracts. d/ If due to natural calamities, fires or other force majeure reasons as stipulated by the Government and the
employers have applied every measure to overcome their consequences but
they are still forced to downscale production and cut jobs; e/ The enterprises, agencies or organization terminate their operation. 2. Before unilaterally terminating the labor contracts according to Points
a, b and c, Clause 1 of this Article, the employers must exchange opinions
and reach agreements with the grassroots trade unions’ executive
committees. If failing to reach ant agreements, they must report such to
competent agencies or organizations. Only 30 days after informing the
local agencies in charge of the State management over labor shall the
employers be entitled to make decisions and must be answerable for their
decisions. If disagreeing with the employers’ decisions, the grassroots
trade unions’ executive committees and the laborers may request the
settlement of labor disputes according to the procedures prescribed by
law. 3. When unilaterally terminating the labor contracts, except for cases
prescribed at Point b, Clause 1 of this Article, the employers must inform
such to the laborers in advance: a/ At least 45 days, for labor contracts with indefinite term; b/ At least 30 days, for labor contracts with indefinite term of between
full 12 months and 36 months; c/ At least three days, for under-12 month labor contracts for seasonal or
specific jobs.” 9. Article 41 is amended and supplemented as follows: “Article 41. – 1. Where the employers unilaterally terminate labor contracts in
contravention of law, they must reinstate the laborers under the signed
contracts and pay compensations equal to the salaries and allowances (if
any) for the days the laborers were not allowed to work plus at least two
month’s salary and salary allowances (if any). Where the laborers do not want to return to work, apart from receiving the
compensation amounts prescribed in paragraph 1 of this Clause, they shall
also be entitled to allowances as prescribed in Article 42 of this Code. Where the employers do not want to reinstate the laborers and the laborers
so agree, apart from the compensation amounts prescribed in paragraph 1 of
this Clause and allowances prescribed in Article 42 of this Code, the two
parties shall agree on additional amounts of compensation for the laborers
to terminate the contracts. 2. Where the laborers unilaterally terminate labor contracts in
contravention of law, they shall not be provided with severance allowances
and must compensate the employers half a month’s salary and salary
allowances (if any). 3. Where the laborers unilaterally terminate labor contracts, they must
reimburse the training costs (if any) according to the Government’s
regulations. 4. In cases of unilateral terminate of
labor contracts, of breaching the provisions on advance notice, the
breaching party must compensate the other party a money amount equal to
the salaries the laborers should have earned in the days required for
advance notice.” 10. – Clause 1 of Article 45 is amended and supplemented as follows: “1. The two parties’ representatives in negotiating the collective
agreements include: a/ The grassroots trade unions’ executive committees of the provisional
trade union organizations, for the labor collectives’ side; b/ The enterprise directors of the persons who are authorized under the
enterprise’ organizational charters or have a proxy of the enterprise
directors, for the employers’ side. The numbers of the parties’ representatives in negotiating the
collective agreements shall agreed upon by two parties.” 11. Article 47 is amended and supplemented as follows: “Article 47. - 1. The signed collective agreements must be made in four copies, of which:
a/ One copy to be kept by the employer; b/ One copy to be kept by the grassroots trade union’s executive
committee; c/ One copy to be sent by the grassroots trade union’s executive
committee to the superior trade union; d/ One copy to be sent by the employer within 10 days after its signing
for registration at the agency performing the State management over labor
of the province or centrally-run cities where the enterprise is
headquartered. 2. Collective agreements shall come into for as from the date agreed upon
by the two parties and inscribed therein; where the two parties have no
agreement thereon, the collective agreements shall come into forces as
from the date signing.” 12. Article 48 is amended and supplemented as follows: “Article 48. - 1. Collective agreements shall be deemed partially invalid when one or a
number of articles thereof contravene the provisions of law. 2. The agreements shall be deemed wholly invalid in one of the following
cases: a/ All contents of the agreements contravene law; b/ The signers of the agreements are not duly authorized; c/ The signing procedures have not yet been fully complied with. 3. The provincial/municipal agencies in charge of the State management
over labor shall be entitled to declare collective agreements partially or
wholly invalid under the provisions in Clause 1 and 2 of this Article. For
collective agreements in the cases specified at Points b and c, Clause 2
of this Article, if the signed contents are in favor of the laborers, the
provincial/municipal agencies in charge of the State management over labor
shall guide the involved parties to make them comply with regulations
within 10 days after receiving such guidance; if they fail to do so, the
collective agreements shall be declared invalid. The rights, obligations
and interests of the involved parties inscribed in such invalid agreements
shall be dealt with according to the provisions of law.” 13. – Clause 1, Article 52 is amended and supplemented as follows: “1. In cases of enterprise merger, consolidation, separation or
splitting, transfer of the right to own, manage, or the right use assets
of, enterprises, the employers and the grassroots trade union’s
executive committees shall base themselves on the employment plans to
consider the continued implementation, revision, supplementation of the
collective agreements of signing new ones.” 14. Article 57 is amended and supplemented as follows: “Article 57. - After
consulting with Vietnam Confederation of Labor and the employers’
representatives, the Government shall prescribe the principles for
formulating the salary levels and scales as well as labor norms so that
the employers can formulate and apply them in a way suitable to their
enterprises’ production and business conditions; and prescribe the
salary levels and tables for State enterprises. When formulating salary levels and scales as well as labor norms, the
employers must consult with the grassroots trade unions’ executive
committees; the salary levels and scales must be registered with the
agencies in charge of the State management over labor in the provinces or
centrally-run cities where the employers’ head offices are based, and be
publicized within the enterprises.” 15. Article 61 is amended and supplemented as follows: “Article 61 . – 1. The laborers working overtime shall be paid according to the unit
salary or salaries of the jobs they are doing as follows: a/ On weekdays, an amount at least equal to 150%; b/ On weekends, an amount at least equal to 200%; c/ On paid public holidays, an amount at least equal to 300%; if overtime work is performed at night, an additional amount shall be paid
as prescribed in Clause 2 of this Article. If the laborers are granted compensatory days-off for the hours they
worked overtime, the employers shall only have to pay the amounts in
excess of the salaries calculated according to the unit salary or the
remuneration of the jobs being done on weekdays. 2. The laborers working at night as prescribed in Article 70 of this Code
shall be paid and additional amount at least equal to 30% of the salaries
calculated according to the unit salary or the salaries of the jobs being
done at daytime.” 16. Article 64 is amended and supplemented as follows: “Article 64 . - On the basis
of the annual production and business results of the enterprises and the
laborers’ work performance levels, the employers shall give rewards to
the laborers working at their enterprises. The reward regulations shall be decided by the employers after consulting
with the grassroots trade unions’ executive committees.” 17. Article 66 is amended and supplemented as follows: “Article 66 . – In cases of
enterprises merger, consolidation, separation or splitting, transfer of
the right to own, manage, or the right to use assets of, enterprises, the
succeeding employers must be responsible for paying salaries and other
interests to, the laborers transferred from the old enterprises. Where the
enterprises go bankrupt, the salaries, severance allowances, social
insurance premiums and other interests of the laborers under signed
collective agreements and labor contracts shall be the debts payable first
the payment priority order.” 18. Article 69 is amended and supplemented as follows: “Article 69 . – The
employers and laborers may agree on the latter’s overtime which must not
exceed four hours a day, 200 hours a year, except for a number of special
cases where the overtime can reach 300 hours a year, which shall be
prescribed by the Government after consulting with Vietnam Confederation
of Labor and the employers’ representatives.” 19. Clause 1 of Article 84 is amended and supplemented as follows: “1. Those who breach labor disciplines shall, depending on the
seriousness of their breaches, be handled in one of the following forms: a/ Reprimand; b/ Prolongation of the salary-raise time limit for up to six months or
transfer to lower paid jobs for a period of up six months, or demotion; c/ Dismissal.” 20. Article 85 is amended and supplemented as follows: “Article 85 . – “Dismissal shall be applied as disciplinary measure only in one of the
following cases: a/ The laborers commit acts of theft, embezzlement, disclosure of
technological and business secrets or other acts causing severe losses to
the enterprises’ assets and/or benefits; b/ The laborers who have been disciplined with the prolongation of
salary-raise time limit or the transfer to other jobs relapse into the
previous violations while their disciplinary records have not yet been
wiped off, or who have been subject to demotion relapse into the previous
violations; c/ The laborers abandon their jobs at their own will for an aggregate
number of five days in a month or an aggregate number of 20 days in a year
without plausible reasons. 2. After dismissing the laborers, the employers must inform such to the
provincial/municipal agencies in charge of the State management over
labor.” 21. Article 88 is amended and
supplemented as follows: “Article 88 . - 1. Those who have been reprimanded or have been disciplined with the
prolongation of salary-raise limit or the transfer to other jobs shall
automatically have their disciplinary records wiped off if they do not
relapse into the previous violations after three months or six months from
the date of being reprimanded or disciplined. 2. Those who have been disciplined with the prolongation of salary-raise
limit or the transfer to other jobs shall be considered by the employers
for reduction of their disciplinary duration if they have served the
imposed disciplines for half of such duration and showed rectification and
progress.” 22. Clause 2 of Article 96 is amended and supplemented as follows: “2. The production, use, preservation and transportation of assorted
machinery, equipment, supplies, energies, electricity, chemicals, plant
protection drugs, and the technological changes or importation of new
technological must be effected according to the labor safety and hygiene
criteria. All types of machinery, equipment, supplies or substances with
strict labor safety and/or hygiene requirements must be registered and
inspected according to the Government’s regulations.” 23. Clause 3 of Article 107 is amended and supplemented as follows: “3. The employers shall have to pay compensations at least equal to 30
months’ salary and salary allowances (if any) to the laborers who suffer
a reduction of 81% or more of their working capacity or to the relatives
of the laborers who die as a result of labor accidents or occupational
diseases and are not at fault. Where the laborers are at fault, they shall
still be paid an amount at least equal to 12 months’ salary and salary
allowances (if any). The Government shall prescribe the responsibility of the employers and the
levels of compensation for labor accidents or occupational diseases to the
laborers who suffer from a reduction of between 5% and under
81% of their working capacity.” 24. Clause 3 of Article 111 is amended and supplemented as follows: “3. The employers must not dismiss or unilaterally terminate the labor
contracts with female laborers for reasons of marriage, pregnancy,
maternity leave or nursing of their children of under 12 months, except
where the enterprises terminate their operation. During the time of pregnancy, maternity leave or nursing of their 12
months children, the female laborers may postpone the unilateral
termination of their labor contracts of prolong the statute of limitations
for examination and handling of breaches of labor disciplines, except
where the enterprises termination their operation.” 25. Article 121 is amended and supplemented as follows: “Article 121 . - The employers
may employ minor laborers only for jobs suitable to their health so as to
ensure their physical, intellectual and personality development and shall
have the responsibility to render due attention and care for minor
laborers in terms of labor, salary, health and study in the course of
their labor. It is forbidden to employ minor laborers for heavy or hazardous jobs or
jobs requiring exposure to noxious substances or in working places or jobs
badly affecting their personality, which are on the lists promulgated by
the Ministry of Labor, War Invalids and Social Affairs and the Ministry of
Health.” 26. Clause 2 of Article 129 is amended and supplemented as follows: “2. The laborers shall be entitled to the interests and obligations
related to inventions, utility solutions, industrial designs and other
industrial property objects created either by themselves or jointly in the
course of performing their labor contracts according to the industrial
property legislation as well as the signed contracts.” 27. Article 132 is amended and supplemented as follows: “Article 132. - 1. Foreign-invested enterprises may directly recruit Vietnamese laborers
or through job-recommending organization and must notify the lists of
recruited laborers to the local agencies in charge of the State management
over labor. For jobs requiring high techniques or managerial jobs for which Vietnamese
laborers have not yet been qualified, the enterprises may recruit a
proportion of foreign laborers for a certain period but must work out
programs and plans to train Vietnamese laborers so that they can take over
such jobs from the foreign laborers according to the Government’s
regulations. 2. International or foreign agencies and organization, foreign individuals
in Vietnam may recruit Vietnamese and foreign laborers according to the
Government’s regulations. 3. The minimum salary payable to Vietnamese laborers working in the cases
specified in Article 131 of this Code shall be prescribed and announced by
the Government after consulting with Vietnam Confederation of Labor and
the employers’ representatives. 4. The work time, rest time, labor safety, labor hygiene, social
insurance, settlement of labor disputes in enterprises and organization
and other case specified in Article 131 shall comply with the provisions
of this Code and of other relevant legal
documents.” 28. Clause 1 of Article 133 is amended and supplemented as follows: “1. Foreigners working for three months or more for enterprises,
organization or for individuals in Vietnam must have work permits granted
by the provincial/municipal agencies in charge of the State management
over labor; such work permits shall be valid for a period of time
corresponding to the labor contract’s term but for no more than 36
months and may be extended upon the employer’s requests.” 29. Article 134 is amended and supplemented as follows: “Article 134. - 1. The State encourages enterprises, agencies, organization and
individuals to seek and expand labor markets in order to generate jobs in
foreign countries for Vietnamese laborers according to the provisions of
Vietnamese laws, the laws of the host countries and international
agreements which Vietnam has signed or acceded to. 2. Vietnamese citizens who are aged full 18 years or older, able to work,
volunteer, and meet all other criteria and conditions prescribed by the
laws of Vietnam, the laws and requirements of foreign employers may go to
work abroad.” 30. The following Article 134a is added: “Article 134a. - The forms of sending Vietnamese laborers to work abroad include: 1. Supply of labor under contracts signed with foreign parties; 2. Sending of laborers to work at contracted *** abroad. 3. Sending of laborers to work at projects of investment overseas; 4. Other forms as prescribed by law.” 31. Article 135 is amended and supplemented as follows: “Article 135. - 1. Enterprises engaged in labor export must have licenses granted by
competent agencies in charge of State management over labor. 2. Enterprises engaged in labor export have the following rights and
obligations: a/ To register labor export contracts with the competent agencies in
charge of the State management over labor; b/ To exploit markets and sign contracts with foreign parties; c/ To publicize the recruitment criteria and conditions, interests and
obligations of laborers; d/ To directly recruit laborers without collecting any recruitment charge;
e/ To organize orientation training and education for laborers before they
go to work abroad according to the provisions of law; f/ To sign contracts for going to work abroad with laborers; to organize
the laborers’ outbound and homebound trips strictly according to the
signed contracts and the provisions of laws; g/ To directly collect labor export charges, to make contributions to the
labor export support fund according to the Government’s regulations; h/ To manage, and protect the interests of the laborers working abroad
under contracts according to the laws of Vietnam and the host countries; i/ To pay compensations to laborers for losses caused by the
enterprises’ breaches of contracts; j/ To initiate lawsuits to claim compensations for losses caused by the
laborers’ breaches of contracts; k/ To complain with competent State agencies about law-breaking acts in
the domain of labor export. 3. The enterprises sending Vietnamese laborers to work abroad for the
performance of contracts on investment projects abroad of
projects invested abroad must register the contracts with the
competent agencies in charge of the State management over labor and
implement the provisions at Points c, d, e, f, h, i, j and k, Clause 2 of
this Article. 4. The Government shall promulgate concrete provisions regarding laborers
going to work abroad under contracts not through enterprises.” 32. The following Article 135a is added: “Article 135a. - 1. The laborers working abroad shall have the following rights and
obligations: a/ To be provided with information relating to the policies and laws on
labor, recruitment conditions, interests and obligations of laborers
working abroad; b/ To be provided with orientation training and education before going to
work abroad; c/ To sign and strictly perform the contracts; d/ To be assured to enjoy their interests under the signed contracts
according to the provisions of the laws of Vietnam and the host countries;
e/ To observe the laws of Vietnam and the host countries, and respect the
customs and practices of the host countries; f/ To be protected consularly and judicially; g/ To pay labor export charges; h/ To complain, denounce to or initiate lawsuits at competent agencies of
the State of Vietnam or of the host countries against violations committed
by labor export enterprises and/or foreign employers; i/ To compensate losses caused by their breaches of contracts; j/ To be compensated for losses caused by the enterprises’ breaches of
contracts; 2. The laborers working abroad falling under the cases specified in Clause
3 of Article 135 shall have the rights and obligations prescribed at
Points a, b, c, d, e, f, h, i and j, Clause 1 of this Article. 33. The following Article 135b is added: “Article 135b. - The
Government shall promulgate concrete provisions on the export labor
training; organization and management of laborers working abroad; and the
setting up, management and use
of the labor export support fund.” 34. The following Article 135c is added: “Article 135c. - 1. It is strictly forbidden to illegally recruit and send laborers to work
abroad. 2. Enterprises, organization or individuals that capitalize on labor
export to recruit, train laborers and organize the sending of laborers to
work abroad in contravention of law shall be handle according to the
provisions of law; if causing any damage, they shall have to pay
compensation therefor to the
laborers. 3. Laborers who capitalize on working abroad for other purpose shall be
handle according to the provisions of law; if causing damage, they must
pay compensations therefor.” 35. Clause 1 of Article 140 is amended and supplemented as follows: “1. The State shall prescribed social insurance policies to step by step
expand and raise the quality of the material life, health care and
recovery, contributing to stabilize the lives of laborers their families
in cases where the laborers get sick, pregnant, pass the working age, die,
get labor accidents, suffer from occupational diseases, are unemployed or
hit by risks or other difficulties. The Government shall promulgate concrete provisions on the re-training of
unemployed laborers, the percentage of unemployment insurance premiums,
conditions for and levels of unemployment allowances, the setting up,
management and use of the unemployment insurance fund.” 36. Article 141 is amended and supplemented as follows: “Article 141. - 1. The compulsory social insurance form shall apply to enterprises,
agencies and organization
employing laborers under labor contracts with definite terms of full three
months or more and labor contracts with indefinite terms. At these
enterprises, agencies and organization, the employers and laborers must
pay social insurance premiums according to the provisions in Article 149
of this Code and laborers shall enjoy the social insurance allowances when
they get sick, suffer from labor accidents or occupational diseases, get
pregnant, retire or die. 2. For laborers working under labor contracts with terms of under three
months, social insurance premiums shall be included in the salaries paid
by the employers according to the Government’s regulations so that the
laborers can participate in voluntary social insurance and care for their
own insurance. Upon the expiry of the labor contracts if the laborers
continue working or sign new contracts, the compulsory social insurance
regime shall apply according to the provisions in Clause 1 of this Code. 37. Article 144 is amended and supplemented as follows: “Article 144. - 1. During their maternity leave as prescribed in Article 114 of this Code,
the female laborers who have paid social insurance premiums shall be
granted a social insurance allowance equal to 100% of their salary and an
additional allowance equal to one month’s salary. 2. Other regimes for female laborers shall comply with the provisions in
Article 117 of this Code.” 38. The following Clause 1a is added to Article 145: “1a. Female laborers who reach full 55 years of age and have paid social
insurance premiums for full 25 years, male who reach full 60 years of age
and have paid social insurance premiums for full 30 years shall enjoy the
same maximum pension rate stipulated by the Government.” 39. Article 148 is amended and supplemented as follows: “Article 148. - Enterprises
operation in the fields of agriculture, forestry, fishery and salt
production shall have to participate in various forms of social insurance,
suitable to the production and employment characteristics of each branch
as prescribed by the Government.” 40. Article 149 is amended and supplemented as follows: “Article 149. - 1. The social insurance fund shall be formed from the following sources: a/ 15% of the total salary fund, contributed by the employers; b/ 5% of salary, contributed by the laborers; c/ Additional contributions and supports of the State to ensure the
implementation of social insurance regimes towards laborers; d/ The fund’s yields; e/ Other sources. 2. The social insurance fund shall be managed in a uniform, democratic and
public manner according to the State’s financial regulations, be
accounted independently, and protected by the State. It may take measures
to preserve its value and ensure its growth according to the
Government’s regulation.” 41. Clause 2 of Article 151 is amended and supplemented as follows: “2. Disputes over social insurance : a/ Disputes between laborers and employers shall be settled according to
the provisions in Chapter XIV of this Code; b/ Disputes between laborers who have retired according to regimes and
employers or social insurance agencies, between employers and social
insurance agencies shall be settled according to their agreements; if the
involved parties fail to reach agreements, the disputes shall be settled
by the people’s courts.” 42. Article 153 is amended and supplemented as follows: “Article 153. - 1. At operation enterprises where trade unions have not yet been
organized, within six months after the Law Amending and Supplementing a
Number of Articles of the Labor Code takes effect and at newly-founded
enterprises, within six months after they commence operation, local trade
unions or branch trade unions shall have to organize the trade unions
therein to represent and protect the legitimate rights and interests of
individuals laborers and labor collectives. The employers shall have to create favorable conditions for the trade
unions to be set up as soon as possible. Pending the setting up of the
trade unions, the local of branch trade unions shall appoint the
provisional trade union organization to represent and protect the
legitimate rights and interests of laborers and labor collectives. All acts of obstructing the setting up and operation of trade unions at
enterprises are strictly forbidden. 2. The Government shall guide the implementation of Clause 1 of this
Article after reaching agreement thereon with Vietnam Confederation of
Labor.” 43. Article 163 is amended and supplemented as follows: “Article 163. - 1. The grassroots labor reconciliation councils must be set up at
enterprises where exist grassroots trade unions or provisional trade union
organizations, which are composed of equal numbers of representatives of
the laborers and the employees. The numbers of members of such councils
shall be agreed upon by the two parties. 2. The office term of a grassroots labor reconciliation council shall be
two years. The representatives of each party shall act in turn as chairman
and secretary of the council. The grassroots labor reconciliation councils
shall work on the principle of negotiation and consensus. 3. The employers shall ensure necessary conditions for the operation of
the grassroots labor reconciliation councils.” 44. Clause 3 of Article 164 is amended and supplemented as follows: “3. Where reconciliation fails or one disputing party is absent for the
second time without plausible reasons despite of valid summons, the labor
reconciliation councils shall make reports on reconciliation failure. The
copies of such reports must be sent to the two disputing parties within
three days after the date of reconciliation failure. Each disputing party
shall be entitled to request the people’s courts to settle their
disputes. The dossiers sent to the people’s courts must be attached with
the report on reconciliation failure.” 45. Clause 1 of Article 165 is amended and supplemented as follows: “1. Labor reconciliators shall carry out reconciliation in the order
prescribed in Article 164 of this Code for individuals labor disputes
occurring in those places where the grassroots labor reconciliation
councils are not available, disputes over the performance of job-training
contracts and job-training costs.” 46. Article 166 is amended and supplemented as follows: “Article 166. - 1. The people’s courts shall settle individuals labor disputes which the
grassroots labor reconciliation councils or labor reconciliators have
failed to reconciliate or
failed to settle them within the prescribed time limits. 2. The people’s court shall settle the following individuals labor
disputes which must not necessarily go through grassroots reconciliation: a/ Disputes over the imposition of labor disciplines in the form of
dismissal or cases of unilateral termination of labor contracts; b/ Disputes over loss compensations,
allowances granted upon termination of labor contracts; c/ Disputes between house workers and their employers; |