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CHAPTER I: GENERAL PROVISIONS
Article 1.
The Labour Code regulates the labour relations between the
salaried labourer and the labour user, and the other social relations directly related to
the labour relations.
Article 2.
The Labour Code applies to all labourers, all organisations and
individuals using labour according to labour contracts in all economic sectors and of all
forms of ownership.
This Labour Code also applies to the apprentices, houseworkers and a number of other jobs
defined in this Code.
Article 3.
Vietnamese citizens working in foreign invested businesses in
Vietnam or at foreign or international offices and organisations based on Vietnamese
territory and foreigners working for Vietnamese businesses and organisations or
individuals on Vietnamese territory come under the Jurisdiction of this Code and other
prescriptions of Vietnamese law unless otherwise stipulated in the international
conventions which the Socialist Republic of Vietnam has signed or adhered to.
Article 4.
The labour regime for State employees and public servants, the
holders of elected, assigned or appointed posts, persons in the People's Armed Forces, the
People's Security Service, persons of the mass organisations and other political and
social organisations, and members of the cooperatives shall be stipulated by other legal
documents. However, some of the provisions of this Code may be applied to a number of
these persons, depending on concrete cases.
Article 5.
Everyone has the right to work, freely choose a job or
profession, learn a trade and improve his professional standard without discrimination of
sex, nationality, social background, belief and religion.
Maltreatment of labourer and forcible labour in any form is
forbidden.
The State encourages, creates conditions or assists all
activities which generate employment or self employment, all activities in job teaching
and learning to create employment as well as all activities in production and business
which draw a large workforce.
Article 6.
A labourer must have attained at least 15 years of age, have the
capability to work and must work accounting to a labour contract. A labour user may be a
business, an office, an organisation or an individual (in the latter case he must be at
least 18 years old). The labour user hires and uses labour and pays for it.
Article 7.
The labourer is paid a salary based on his agreement with the
labour user but this salary shall not at any rate be lower than the minimum salary
prescribed by the State if he meets the requirements in productivity, quality and
efficiency already agreed upon. He is covered by the regulations on labour protection, and
must be assured conditions to work in labour safety and hygiene. He is entitled to
statutory paid leaves including annual leaves and to social insurance as prescribed by
law. The State shall enforce special labour regimes and social policies aimed at
protecting women's labour and some types of specific labour.
The labouring people have the right to found, join and work for
the trade union according to 1.he Trade Union Law in order to protect their rights and
lawful interests They are entitled to the community welfare benefits and take part in the
management of the business according t;; the rules of the business and the prescriptions
of law.
The labourer has the obligation to carry out the labour contract,
the collective labour observe labour discipline and labour regulations and obey the lawful
direction of the labour user.
The labourer has the right to go on strike as prescribed by law.
Article 8.
-The labour user has the right to select and recruit labour,
assign labour and control its disposition as required by the need of production and
business. He has the right to issue rewards or commendations and handle the violations of
the labour discipline as prescribed by the labour legislation.
-The labour user has the right to send his representative to
negotiate and sign collective labour contracts within the business or inside the whole
service. He has the responsibility to cooperate and discuss with the trade union questions
concerning the labour relations, to improve the material and spiritual life of the
labourer.
-The labour user has the obligation to carry out the labour
contract, the collective labour contracts and other agreements with the labouring people,
respect their honour and dignity and behave properly toward them.
Article 9.
The labour relations between the labourer and the labour user are
established and effected through negotiations and agreement on the principle of
voluntariness, equality, cooperation, mutual respect for each others rights and lawful
interests and full implementation of the commitments.
The ,State encourages such agreements as assuring for labourers
more favourable conditions than prescribed in the labour legislation.
The labourer and the labour user have the right to ask the authorized office or
organisation to settle a labour dispute. The State encourages the settlement of labour
disputes by reconciliation and arbitration.
Article 1O.
The State exercises unified management of the manpower resource,
manages labour through legislation and adopts policies to develop and distribute this
manpower resource, diversify the forms of labour utilisation and labour supply service.
The State guides the labourer and the labour user to build an
harmonious and stable labour relation so as together to work for the development of the
business.
Article 11.
The State encourages a democratic, just and civilized management
of labour at the business. It encourages all measures including the deduction from the
business's profits as bonuses in order to make the labourer pay greater attention to the
operation of the business with a view to high efficiency
in the management of labour and production of the business.
The State shall enact policies to help the labourer buy shares
and otherwise contribute capital to the development of the business.
Article 12.
The trade union joins the State office, the economic
organisations and the social organisations in caring for and protecting the rights and
interests of the labourer in the inspection and supervision of the implementation of the
prescriptions of labour legislation.
National Institute of Labour Protection of Vietnam-CIS/ILO
Collaborating Center
Address:
No 1. Yet Kieu Tel:8.250129 - 8.222949 Fax:(84.4) 8.246752 Email: NILP@Netnam.org.vn; VIBHLD@Netnam.vn
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