Labor Code 2019 (Effective from January 1, 2021)

CODE

LABOR

Based on the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacted the Labor Code.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

The Labor Code stipulates labor standards; the rights, obligations, and responsibilities of employees, employers, employee representative organizations at the workplace, and employer representative organizations in labor relations and other relations directly related to labor relations; and state management of labor.

Article 2. Subject of application

1. Workers, apprentices, trainees, and those working without an employment relationship.

2. The employer.

3. Foreign workers employed in Vietnam.

4. Other agencies, organizations, and individuals directly involved in labor relations.

Article 3. Explain words

In this Code, the following terms are understood as follows:

1. Workers A person is someone who works for an employer under an agreement, receives a salary, and is subject to the management, direction, and supervision of the employer.

The minimum working age for employees is 15 years old, except as provided in Section 1, Chapter XI of this Code.

2. Employers An employer is a business, agency, organization, cooperative, household, or individual that hires or employs workers for them under an agreement; if the employer is an individual, they must have full legal capacity.

3. Workers' representative organization at the workplace A labor representative organization is an organization established on a voluntary basis by workers at an employer unit with the aim of protecting the legitimate rights and interests of workers in labor relations through collective bargaining or other forms as prescribed by labor law. Labor representative organizations at the workplace include the grassroots trade union and workers' organizations within the enterprise.

4. Organization representing employers It is a legally established organization that represents and protects the legitimate rights and interests of employers in labor relations.

5. Labor Relations Labor relations are social relationships arising from the hiring, employment, and wage payments between employees, employers, representative organizations of the parties, and competent state agencies. Labor relations include individual labor relations and collective labor relations.

6. Workers without an employment relationship. A person who works without being employed under a labor contract.

7. Forced labor It is the use of force, threats of force, or other means to compel workers to perform work against their will.

8. Discrimination in the workplace Discriminatory, exclusionary, or preferential treatment based on race, color, national or social origin, ethnicity, gender, age, maternity status, marital status, religion, beliefs, political views, disability, family responsibilities, or on the basis of HIV infection status, or for reasons related to the establishment, membership, and activities of trade unions or worker organizations within an enterprise, which negatively impacts equality of employment or occupational opportunities.

Discrimination, exclusion, or preferential treatment arising from the specific requirements of the job and actions aimed at maintaining and protecting employment for vulnerable workers are not considered discrimination.

9. Sexual harassment in the workplace Sexual conduct by any person toward another in the workplace that is unwanted or unaccepted by that person. Workplace is any place where an employee actually performs work as agreed upon or assigned by an employer.

Article 4. State policy on labor

1. To ensure the legitimate rights and interests of workers and those working without an employment relationship; to encourage agreements that provide workers with more favorable conditions than those stipulated by labor laws.

2. Ensuring the legitimate rights and interests of employers, managing labor in accordance with the law, in a democratic, fair, and civilized manner, and enhancing social responsibility.

3. Facilitating job creation, self-employment, vocational training and apprenticeship for employment; production and business activities that attract a large workforce; applying certain provisions of this Code to workers without an employment relationship.

4. There are policies for developing and allocating human resources; improving labor productivity; training, fostering, and upgrading the skills and qualifications of workers; supporting the maintenance and transition of occupations and jobs for workers; and providing incentives for workers with high professional and technical qualifications to meet the requirements of the industrial revolution and the industrialization and modernization of the country.

5. There are policies to develop the labor market and diversify the forms of connecting labor supply and demand.

6. Promote dialogue and collective bargaining between workers and employers, and build progressive, harmonious, and stable labor relations.

7. Ensuring gender equality; regulating labor regimes and social policies to protect female workers, workers with disabilities, elderly workers, and underage workers.

Article 5. Rights and obligations of employees

1. Workers have the following rights:

a) To work; to freely choose employment, workplace, occupation, apprenticeship, and professional development; and to be free from discrimination, forced labor, and sexual harassment in the workplace;

b) To receive a salary commensurate with their qualifications and professional skills, based on an agreement with the employer; to be protected at work and to work in conditions that ensure occupational safety and hygiene; to take leave as prescribed, annual leave with pay, and to enjoy collective benefits;

c) To establish, join, and participate in employee representative organizations, professional organizations, and other organizations as prescribed by law; to request and participate in dialogue, implement democratic regulations, and engage in collective bargaining with employers, and to be consulted at the workplace to protect their legitimate rights and interests; to participate in management according to the employer's internal regulations;

d) Refuse to perform the work if there is a clear and direct threat to life or health during the performance of the work;

d) Unilateral termination of the employment contract;

e) Strikes;

g) Other rights as prescribed by law.

2. Employees have the following obligations:

a) Implementing labor contracts, collective bargaining agreements, and other legally valid agreements;

b) Abide by labor discipline and internal labor regulations; comply with the management, direction, and supervision of the employer;

c) Implement legal regulations on labor, employment, vocational education, social insurance, health insurance, unemployment insurance, and occupational safety and health.

Article 6. Rights and obligations of the employer

1. Employers have the following rights:

a) Recruiting, assigning, managing, directing, and supervising labor; rewarding and disciplining labor violations;

b) Establishing, joining, and operating within organizations representing employers, professional organizations, and other organizations as prescribed by law;

c) Requesting employee representative organizations to negotiate with the aim of signing collective labor agreements; participating in resolving labor disputes and strikes; engaging in dialogue and exchange with employee representative organizations on issues in labor relations, and improving the material and spiritual lives of workers;

d) Temporarily close the workplace;

d) Other rights as prescribed by law.

2. Employers have the following obligations:

a) Fulfilling labor contracts, collective labor agreements, and other legally valid agreements; respecting the honor and dignity of employees;

b) Establish mechanisms and conduct dialogue and exchange with workers and worker representative organizations; implement grassroots democracy regulations at the workplace;

c) Training, retraining, and professional skills development to maintain and transition occupations and employment for workers;

d) Implement legal regulations on labor, employment, vocational education, social insurance, health insurance, unemployment insurance, and occupational safety and health; develop and implement solutions to prevent and combat sexual harassment in the workplace;

(d) Participate in the development of national occupational skills standards, and the assessment and recognition of occupational skills for workers.

Article 7. Establishing labor relations

1. Labor relations are established through dialogue, negotiation, and agreement based on the principles of voluntariness, good faith, equality, cooperation, and respect for each other's legitimate rights and interests.

2. Employers, employers' representative organizations, and employees, employees' representative organizations, shall build progressive, harmonious, and stable labor relations with the support of competent state agencies.

3. Trade unions participate with competent state agencies in supporting the building of progressive, harmonious, and stable labor relations; monitoring the implementation of labor laws; and protecting the legitimate rights and interests of workers.

4. The Vietnam Chamber of Commerce and Industry, the Vietnam Cooperative Alliance, and other employers' representative organizations established in accordance with the law have the role of representing and protecting the legitimate rights and interests of employers, and participating in building progressive, harmonious, and stable labor relations.

Article 8. Prohibited acts in the field of labor

1. Discrimination in the workplace.

2. Abusing workers, forced labor.

3. Sexual harassment in the workplace.

4. Exploiting the guise of vocational training or apprenticeship to profit, exploit labor, or entice, persuade, or coerce apprentices or trainees into illegal activities.

5. Employing untrained workers or workers without national vocational skills certificates for occupations or jobs that require trained workers or national vocational skills certificates.

6. Enticing, luring, making false promises, falsely advertising, or using other deceptive tactics to deceive workers or to recruit workers for the purpose of human trafficking, exploitation, forced labor, or exploiting employment services or overseas employment contract activities to commit illegal acts.

7. Unlawful employment of minors.

Chapter II

EMPLOYMENT, RECRUITMENT AND LABOR MANAGEMENT

Article 9. Employment and job creation

1. Employment is a labor activity that generates income and is not prohibited by law.

2. The State, employers, and society have a responsibility to participate in addressing employment issues, ensuring that all those capable of working have the opportunity to find employment.

Article 10. The right to work of employees

1. The freedom to choose employment, to work for any employer and in any place not prohibited by law.

2. Contact employers directly or through employment service organizations to find employment that matches your aspirations, abilities, professional qualifications, and health.

Article 11. Recruitment of workers

1. Employers have the right to recruit workers directly or through employment service organizations or labor leasing companies according to their needs.

2. Workers do not have to pay for the recruitment process.

Article 12. Responsibilities of the employer in labor management

1. Establish, update, manage, and use labor management registers in paper or electronic form and present them when requested by competent state authorities.

2. Declare the employment of workers within 30 days from the date of commencement of operations, periodically report changes in the workforce during operation to the specialized labor agency under the Provincial People's Committee, and notify the social insurance agency.

3. The Government shall detail this Article.

Chapter III

LABOR CONTRACT

Section 1. CONCLUSION OF EMPLOYMENT CONTRACTS

Article 13. Employment Contract

1. A labor contract is an agreement between an employee and an employer regarding paid work, wages, working conditions, and the rights and obligations of each party in the labor relationship.

If the two parties agree using a different name but the content reflects paid work, wages, and management, direction, and supervision by one party, it shall be considered an employment contract.

2. Before hiring an employee, the employer must enter into an employment contract with the employee.

Article 14. Forms of employment contracts

1. Labor contracts must be concluded in writing and made in two copies, one copy for the employee and one copy for the employer, except as provided in Clause 2 of this Article.

Employment contracts concluded electronically in the form of data messages, as stipulated by the law on electronic transactions, have the same validity as written employment contracts.

2. The two parties may enter into an oral employment contract for a term of less than one month, except as stipulated in Clause 2 of Article 18, Point a of Clause 1 of Article 145, and Clause 1 of Article 162 of this Code.

Article 15. Principles of concluding labor contracts

1. Voluntary participation, equality, good faith, cooperation, and honesty.

2. Freedom to enter into labor contracts, but these must not violate the law, collective bargaining agreements, and social ethics.

Article 16. Obligation to provide information when concluding a labor contract.

1. Employers must provide employees with truthful information about the job, workplace, working conditions, working hours, rest periods, occupational safety and health, wages, payment methods, social insurance, health insurance, unemployment insurance, regulations on protecting trade secrets, protecting technological secrets, and other matters directly related to the conclusion of the labor contract that the employee requests.

 2. Employees must provide truthful information to their employers regarding their full name, date of birth, gender, place of residence, educational qualifications, professional skills, health status, and other matters directly related to the conclusion of the employment contract as requested by the employer.

Article 17. Actions that employers are prohibited from doing when concluding and performing labor contracts.

1. Keep the original copies of the employee's identification documents, diplomas, and certificates.

2. Requiring employees to provide monetary or other asset guarantees for the performance of the employment contract.

3. Forcing employees to fulfill their employment contracts in order to repay debts to their employers.

Article 18. Authority to conclude labor contracts

1. Employees directly enter into labor contracts, except as stipulated in Clause 2 of this Article.

2. For seasonal work or work with a fixed term of less than 12 months, a group of workers aged 18 and above may authorize one worker in the group to enter into an employment contract; in this case, the employment contract must be in writing and have the same effect as if it were concluded with each individual worker.

Employment contracts signed by authorized representatives must be accompanied by a list clearly stating the full name, date of birth, gender, place of residence, and signature of each employee.

3. The person concluding the labor contract on the employer's side is a person who falls into one of the following categories:

a) The legal representative of the enterprise or a person authorized by law;

b) The head of an agency or organization with legal personality as prescribed by law, or a person authorized by law;

c) The representative of a household, cooperative, or other organization without legal personality, or a person authorized according to the provisions of law;

d) Individuals who directly employ workers.

4. The person concluding the labor contract on the employee's side is a person who falls into one of the following categories:

a) Workers aged 18 years and older;

b) Workers aged 15 to under 18 years old with the written consent of their legal representative;

c) Persons under the age of 15 and their legal representatives;

d) The worker is legally authorized by other workers in the group to enter into an employment contract.

5. A person authorized to conclude a labor contract may not further delegate this authority to another person.

Article 19. Concluding multiple labor contracts

1. Employees may enter into multiple employment contracts with multiple employers, but they must ensure full compliance with all agreed-upon terms.

2. If an employee simultaneously enters into multiple employment contracts with multiple employers, their participation in social insurance, health insurance, and unemployment insurance shall be carried out in accordance with the provisions of the law on social insurance, health insurance, unemployment insurance, and occupational safety and health.

Article 20. Types of employment contracts

1. Employment contracts must be concluded in one of the following types:

a) An indefinite-term employment contract is a contract in which the two parties do not specify a term or a date for the contract's termination;

b) A fixed-term employment contract is a contract in which both parties determine the duration and termination date of the contract, for a period not exceeding 36 months from the effective date of the contract.

2. When the employment contract stipulated in point b, clause 1 of this Article expires and the employee continues to work, the following procedures shall apply:

a) Within 30 days from the date the labor contract expires, both parties must sign a new labor contract; during the period before the new labor contract is signed, the rights, obligations, and benefits of both parties shall be governed by the previously concluded contract;

b) If, after 30 days from the date the labor contract expires, the two parties do not sign a new labor contract, the contract concluded in accordance with point b, clause 1 of this Article shall become an indefinite-term labor contract;

c) If both parties sign a new fixed-term employment contract, it can only be renewed once. After that, if the employee continues to work, an indefinite-term employment contract must be signed, except for employment contracts for individuals hired as directors in state-owned enterprises and cases stipulated in Clause 1 of Article 149, Clause 2 of Article 151, and Clause 4 of Article 177 of this Law.

Article 21. Contents of the labor contract

1. An employment contract must contain the following essential elements:

a) Name and address of the employer and the full name and title of the person signing the employment contract on the employer's side;

b) Full name, date of birth, gender, place of residence, Citizen ID card number, National ID card number or passport number of the person signing the labor contract on the employee's side;

c) Job title and workplace;

d) The duration of the employment contract;

d) Salary based on job or position, form of payment, payment schedule, salary allowances and other additional benefits;

e) Promotion and salary increase system;

g) Working hours, rest periods;

h) Providing personal protective equipment for workers;

i) Social insurance, health insurance, and unemployment insurance;

k) Training, professional development, and upgrading of vocational skills.

2. When an employee's work is directly related to trade secrets or technological secrets as stipulated by law, the employer has the right to enter into a written agreement with the employee regarding the content and duration of protection of trade secrets and technological secrets, the rights and compensation in case of violation.

3. For workers in agriculture, forestry, fisheries, and salt production, depending on the type of work, both parties may reduce some key provisions of the labor contract and agree to supplement it with provisions on how to resolve issues in case the performance of the contract is affected by natural disasters, fires, or adverse weather conditions.

4. The government shall regulate the content of employment contracts for employees hired as directors in state-owned enterprises.

5. The Minister of Labour, Invalids and Social Affairs shall provide detailed regulations for Clauses 1, 2 and 3 of this Article.

Article 22. Appendix to the labor contract

1. An addendum to the employment contract is part of the employment contract and has the same legal effect as the employment contract.

2. An addendum to the employment contract may specify, amend, or supplement certain articles and clauses of the employment contract, but it may not amend the term of the employment contract.

In cases where an addendum to the labor contract specifies details of certain articles or clauses of the labor contract that lead to a different interpretation than the labor contract itself, the content of the labor contract shall prevail.

In cases where an addendum to a labor contract amends or supplements certain articles or clauses of the labor contract, the content of the amended or supplemented articles or clauses and the effective date must be clearly stated.

Article 23. Validity of the labor contract

The employment contract takes effect from the date of signing by both parties, unless otherwise agreed upon by both parties or stipulated by law.

Article 24. Probationary Period

1. Employers and employees may agree on the terms of the probationary period, which can be included in the employment contract, or they may agree on the probationary period by entering into a separate probationary contract.

2. The main contents of a probationary contract include the probationary period and the provisions specified in points a, b, c, d, g, and h of Clause 1, Article 21 of this Code.

3. A probationary period does not apply to employees who enter into employment contracts with a term of less than one month.

Article 25. Probation Period

The probationary period is agreed upon by both parties based on the nature and complexity of the job, but only one probationary period is allowed for a single job, and the following conditions must be met:

1. Not exceeding 180 days for the work of business managers as stipulated in the Enterprise Law and the Law on Management and Use of State Capital Invested in Production and Business at Enterprises;

2. Not exceeding 60 days for jobs requiring professional or technical qualifications at the college level or higher;

3. Not exceeding 30 days for jobs requiring intermediate-level professional or technical qualifications, skilled workers, or professional staff;

4. No more than 06 working days for other tasks.

Article 26. Probationary Salary

The employee's salary during the probationary period is determined by mutual agreement between both parties, but it must be at least 85% of the salary for that job.

Article 27. Termination of the probationary period

1. At the end of the probationary period, the employer must inform the employee of the results of the probationary period.

If the probationary period is successful, the employer shall continue to perform the employment contract already concluded in the case of a probationary period stipulated in the employment contract, or shall conclude an employment contract in the case of a probationary period.

If the probationary period is unsuccessful, the signed employment contract or probationary contract will be terminated.

2. During the probationary period, each party has the right to terminate the probationary contract or the concluded employment contract without prior notice and without compensation.

Section 2. IMPLEMENTATION OF LABOR CONTRACTS

Article 28. Performance of work under labor contract

The work specified in the employment contract must be performed by the employee who signed the contract. The workplace is as stipulated in the employment contract, unless otherwise agreed upon by both parties.

Article 29. Transferring employees to perform work different from that specified in their employment contract.

1. In the event of unforeseen difficulties due to natural disasters, fires, dangerous epidemics, or the implementation of measures to prevent and remedy occupational accidents, occupational diseases, electrical or water incidents, or due to production and business needs, the employer has the right to temporarily transfer the employee to a different job than specified in the labor contract, but not for more than 60 cumulative working days in one year; if the transfer of the employee to a different job than specified in the labor contract exceeds 60 cumulative working days in one year, it can only be done with the employee's written consent.

Employers shall specify in their internal labor regulations the circumstances under which, due to production or business needs, they may temporarily transfer employees to perform work different from that stipulated in their labor contracts.

2. When temporarily transferring an employee to a different job than stipulated in the labor contract as specified in Clause 1 of this Article, the employer must notify the employee at least 03 working days in advance, clearly state the temporary work period, and assign work suitable to the employee's health and gender.

3. Employees who switch to a different job than specified in their employment contract will be paid according to the new job. If the salary for the new job is lower than the salary for the old job, the employee will retain the old salary for a period of 30 working days. The salary for the new job must be at least 85% of the old salary but not lower than the minimum wage.

4. If an employee refuses to temporarily perform work different from that specified in their employment contract for more than 60 cumulative working days in one year and has to stop working, the employer must pay them wages for the period of work stoppage as stipulated in Article 99 of this Labor Code.

Article 30. Suspension of employment contract

1. Cases of temporary suspension of employment contracts include:

a) Workers performing military service or participating in the militia;

b) Workers who are detained or held in custody in accordance with the provisions of the law on criminal procedure;

c) Workers must comply with decisions to apply measures such as placement in reform schools, compulsory drug rehabilitation centers, or compulsory educational institutions;

d) Female employees who are pregnant as stipulated in Article 138 of this Code;

d) Employees appointed as business managers of a limited liability company with 100% state-owned capital;

e) Employees are authorized to exercise the rights and responsibilities of the state owner's representative with respect to the state capital in the enterprise;

g) Employees are authorized to exercise the rights and responsibilities of the enterprise with respect to the enterprise's capital invested in other enterprises;

h) Other cases as agreed upon by both parties.

2. During the period of temporary suspension of the labor contract, the employee is not entitled to salary and the rights and benefits stipulated in the labor contract, except in cases where both parties agree otherwise or the law provides otherwise.

Article 31. Reinstating employees whose employment contracts have been temporarily suspended.

Within 15 days from the expiration of the temporary suspension of the labor contract, the employee must report to the workplace, and the employer must reinstate the employee to their job under the concluded labor contract if the labor contract is still valid, unless otherwise agreed upon by both parties or stipulated by law.

Article 32. Part-time work

1. Part-time workers are those whose working hours are shorter than the normal daily, weekly, or monthly working hours stipulated in labor laws, collective bargaining agreements, or company regulations.

2. Employees agree with employers to work part-time when entering into employment contracts.

3. Part-time workers are entitled to wages; equal rights and obligations with full-time workers; equal opportunities, no discrimination, and guaranteed occupational safety and health.

Article 33. Amendment and Supplementation of Labor Contracts

1. During the performance of the labor contract, if either party requests amendments or additions to the labor contract, they must notify the other party at least 03 working days in advance of the proposed amendments or additions.

2. If both parties agree, the amendment or supplementation of the labor contract shall be carried out by signing an addendum to the labor contract or entering into a new labor contract.

3. If the two parties cannot agree on amending or supplementing the content of the labor contract, the labor contract as concluded shall continue to be implemented.

Section 3. Termination of Employment Contract

Article 34. Cases of termination of employment contract

1. Expiration of the employment contract, except as stipulated in Clause 4, Article 177 of this Code.

2. The work as stipulated in the employment contract has been completed.

3. Both parties agree to terminate the employment contract.

4. Employees who have been sentenced to imprisonment but are not granted a suspended sentence or are not eligible for release under Clause 5, Article 328 of the Criminal Procedure Code, or who have been sentenced to death, or who are prohibited from performing the work specified in their labor contract according to a legally effective judgment or decision of the Court.

5. Foreign workers employed in Vietnam who are deported pursuant to a legally effective court judgment or decision, or a decision of a competent state agency.

6. The employee dies; is declared by the Court to be incapacitated, missing, or deceased.

7. The employer is an individual who dies; is declared by the Court to be incapacitated, missing, or deceased. The employer is not an individual who ceases operations or is notified by the specialized business registration agency under the Provincial People's Committee that there is no legal representative or authorized person to exercise the rights and obligations of the legal representative.

8. The employee was dismissed as a disciplinary measure.

9. The employee unilaterally terminates the employment contract in accordance with Article 35 of this Code.

10. The employer unilaterally terminates the labor contract in accordance with Article 36 of this Code.

11. The employer terminates the employment of the employee in accordance with the provisions of Articles 42 and 43 of this Code.

12. Work permits for foreign workers employed in Vietnam expire in accordance with Article 156 of this Code.

13. In cases where the terms of the probationary period are stipulated in the labor contract, but the probationary period is unsuccessful or one party cancels the probationary agreement.

Article 35. The right of the employee to unilaterally terminate the labor contract.

1. Employees have the right to unilaterally terminate their employment contract, but they must give prior notice to their 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 fixed-term employment contract with a term of 12 to 36 months;

c) At least 03 working days if working under a fixed-term employment contract with a term of less than 12 months;

d) For certain specific industries, occupations, and jobs, the notice period shall be implemented according to the regulations of the Government.

2. Employees have the right to unilaterally terminate their employment contract without prior notice in the following cases:

a) Not being assigned to the correct job, workplace, or not being provided with working conditions as agreed upon, except as stipulated in Article 29 of this Code;

b) Not being paid full salary or not being paid on time, except as stipulated in Clause 4, Article 97 of this Code;

c) Being mistreated, beaten, or subjected to insulting words or actions by the employer, or actions that affect health, dignity, or honor; being subjected to forced labor;

d) Being sexually harassed in the workplace;

d) Female employees who are pregnant must take leave as prescribed in Clause 1, Article 138 of this Code;

e) Having reached the retirement age as prescribed in Article 169 of this Code, unless the parties agree otherwise;

g) The employer provides false information as stipulated in Clause 1, Article 16 of this Code, affecting the performance of the labor contract.

Article 36. Right of the employer to unilaterally terminate the labor contract.

1. The employer has the right to unilaterally terminate the employment contract in the following cases:

a) Employees who consistently fail to fulfill their contractual obligations are assessed based on performance evaluation criteria outlined in the employer's regulations. These performance evaluation regulations are issued by the employer but must be discussed with the employee representative organization at the workplace, if such an organization exists;

b) Employees who have been ill or injured and have received continuous treatment for 12 months for those working under indefinite-term employment contracts, or for 06 months for those working under fixed-term employment contracts with a term of 12 to 36 months, or for more than half the term of the employment contract for those working under fixed-term employment contracts with a term of less than 12 months, and whose ability to work has not yet recovered.

When the employee's health recovers, the employer will consider whether to continue entering into an employment contract with the employee.

c) Due to natural disasters, fires, dangerous epidemics, enemy attacks, or relocation or reduction of production and business activities at the request of competent state agencies, the employer has taken all remedial measures but is still forced to reduce jobs;

d) The employee is absent from the workplace after the deadline stipulated in Article 31 of this Code;

d) Employees who have reached the retirement age as prescribed in Article 169 of this Code, unless otherwise agreed;

e) Employees who voluntarily abandon their jobs without justifiable reason for 05 consecutive working days or more;

g) An employee provides false information as stipulated in Clause 2, Article 16 of this Code when concluding a labor contract, thereby affecting the recruitment of the employee.

2. When unilaterally terminating a labor contract in the cases specified in points a, b, c, d, and g of Clause 1 of this Article, the employer must give prior notice to the employee as follows:

a) At least 45 days for indefinite-term employment contracts;

b) At least 30 days for fixed-term employment contracts with a term of 12 to 36 months;

c) At least 03 working days for fixed-term employment contracts with a term of less than 12 months and for cases specified in point b, clause 1 of this Article;

d) For certain specific industries, occupations, and jobs, the notice period shall be implemented according to the regulations of the Government.

3. When unilaterally terminating a labor contract as stipulated in points d and e of Clause 1 of this Article, the employer is not required to give prior notice to the employee.

Article 37. Cases in which the employer is not allowed to unilaterally terminate the labor contract.

1. Workers who are sick or injured, or suffering from occupational diseases and are undergoing treatment or rehabilitation as prescribed by a competent medical facility, except in cases specified in point b, clause 1, Article 36 of this Code.

2. Employees who are on annual leave, personal leave, or other types of leave approved by the employer.

3. Female employees who are pregnant; employees who are on maternity leave or raising children under 12 months old.

Article 38. Cancellation of unilateral termination of employment contract

Each party has the right to cancel the unilateral termination of the employment contract before the end of the notice period, but must give written notice and obtain the other party's consent.

Article 39. Unilateral termination of employment contract in violation of the law.

Unilateral termination of an employment contract in violation of the law refers to the termination of an employment contract that does not comply with the provisions of Articles 35, 36, and 37 of this Code..

Article 40. Obligations of the employee when unilaterally terminating the labor contract illegally.

1. No severance pay will be provided.

2. The employee must compensate the employer with half a month's salary as stipulated in the employment contract and an amount equivalent to the salary as stipulated in the employment contract for the days without prior notice.

3. The employee must reimburse the employer for training costs as stipulated in Article 62 of this Code.

Article 41. Obligations of the employer when unilaterally terminating a labor contract illegally.

1. The employer must reinstate the employee to work under the signed employment contract; pay wages, social insurance, health insurance, and unemployment insurance for the days the employee was not allowed to work, and pay the employee an additional amount of at least two months' wages as stipulated in the employment contract.

After being rehired, the employee must return to the employer any severance pay or unemployment benefits they received from the employer.

If the position or job stipulated in the labor contract is no longer available, but the employee still wishes to work, the two parties shall agree to amend or supplement the labor contract.

In case of violation of the notice period stipulated in Clause 2, Article 36 of this Code, the employer must pay an amount equivalent to the salary under the labor contract for the days without prior notice.

2. If the employee does not wish to continue working, in addition to the amount stipulated in Clause 1 of this Article, the employer must pay severance pay as prescribed in Article 46 of this Labor Code to terminate the labor contract.

3. If the employer does not wish to re-employ the employee and the employee agrees, in addition to the amount the employer must pay as stipulated in Clause 1 of this Article and the severance pay as stipulated in Article 46 of this Law, the two parties shall agree on an additional compensation amount for the employee, but at least equal to 02 months' salary according to the labor contract, to terminate the labor contract.

Article 42. Obligations of the employer in case of changes in structure, technology or for economic reasons

1. The following cases are considered structural and technological changes:

a) Changes in organizational structure, reorganization of labor;

b) Changes to processes, technologies, machinery, and equipment used in production and business activities related to the employer's industry or profession;

c) Changes to the product or product structure.

2. The following cases are considered to be for economic reasons:

a) Economic crisis or recession;

b) Implementing state policies and laws when restructuring the economy or fulfilling international commitments.

3. In cases of structural or technological changes that affect the employment of many workers, the employer must develop and implement a labor utilization plan as prescribed in Article 44 of this Code; if new jobs become available, priority should be given to retraining workers for continued employment.

4. In cases where, for economic reasons, many workers are at risk of losing their jobs or being laid off, the employer must develop and implement a labor utilization plan as prescribed in Article 44 of this Code.

5. In cases where the employer is unable to provide employment and must terminate the employee's employment, the employer must pay severance pay as prescribed in Article 47 of this Code.

6. The termination of employment for workers as stipulated in this Article shall only be carried out after consultation with the workers' representative organization at the workplace, in cases where such an organization exists and the worker is a member, and after giving 30 days' prior notice to the provincial People's Committee and to the worker.

Article 43. Obligations of employers when dividing, separating, merging, consolidating; selling, leasing, converting the type of enterprise; transferring ownership and usage rights of assets of enterprises and cooperatives.

1. In cases of division, separation, merger, acquisition; sale, lease, conversion of business type; transfer of ownership or right to use assets of enterprises or cooperatives that affect the employment of many workers, the employer must develop a labor utilization plan as prescribed in Article 44 of this Code.

2. The current employer and the successor employer are responsible for implementing the approved labor utilization plan.

3. Employees who are dismissed from their jobs are entitled to unemployment benefits as prescribed in Article 47 of this Code.

Article 44. Labor utilization plan

1. The labor utilization plan must include the following main contents:

a) The number and list of workers who continue to be employed, workers who are retrained for continued employment, and workers who are transferred to part-time work;

b) Number and list of retired employees;

c) The number and list of employees whose employment contracts must be terminated;

d) Rights and obligations of employers, employees, and stakeholders in implementing the labor utilization plan;

d) Measures and financial resources to ensure the implementation of the plan.

2. When developing a labor utilization plan, the employer must consult with the employee representative organization at the workplace, if such an organization exists. The labor utilization plan must be publicly announced to the employees within 15 days of its approval.

Article 45. Notice of Termination of Employment Contract

1. Employers must notify employees in writing of the termination of the employment contract when the employment contract terminates in accordance with the provisions of this Code, except in the cases specified in Clauses 4, 5, 6, 7 and 8 of Article 34 of this Code.

2. In cases where the employer is not an individual and ceases operations, the termination date of the employment contract is calculated from the date of notification of cessation of operations.

In cases where the employer, not being an individual, is notified by the specialized agency for business registration under the Provincial People's Committee that it lacks a legal representative or an authorized person to exercise the rights and obligations of the legal representative as stipulated in Clause 7, Article 34 of this Code, the termination date of the labor contract shall be calculated from the date of the notification.

Article 46. Severance pay

1. When a labor contract is terminated in accordance with Clauses 1, 2, 3, 4, 6, 7, 9 and 10 of Article 34 of this Code, the employer is responsible for paying severance pay to the employee who has worked regularly for them for 12 months or more, with each year of work being compensated with half a month's salary, except in cases where the employee is eligible for a pension according to the law on social insurance and in cases stipulated in point e, Clause 1, Article 36 of this Code.

2. The working time used to calculate severance pay is the total time the employee has actually worked for the employer, minus the time the employee has participated in unemployment insurance as prescribed by law on unemployment insurance and the working time for which the employer has already paid severance pay or unemployment benefits.

3. The salary used to calculate severance pay is the average salary of the 06 consecutive months prior to the employee's termination of employment, as stipulated in the employment contract.

4. The Government shall detail this Article.

Article 47. Unemployment benefits

1. Employers shall pay severance pay to employees who have worked regularly for them for 12 months or more and who lose their jobs as stipulated in Clause 11, Article 34 of this Code, paying one month's salary for each year of service, but at least equal to two months' salary.

2. The working time used to calculate unemployment benefits is the total time the employee has actually worked for the employer, minus the time the employee has participated in unemployment insurance as prescribed by law on unemployment insurance and the working time for which the employer has already paid severance pay or unemployment benefits.

3. The salary used to calculate unemployment benefits is the average salary of the 06 consecutive months prior to the employee's termination of employment, as stipulated in the employment contract.

4. The Government shall detail this Article.

Article 48. Responsibilities upon termination of employment contract

1. Within 14 working days from the date of termination of the employment contract, both parties are responsible for fully settling all amounts related to each party's entitlements, except in the following cases where the period may be extended but not exceeding 30 days:

a) The employer is not an individual and ceases operations;

b) The employer changes its structure, technology, or for economic reasons;

c) Dividing, separating, merging, consolidating; selling, leasing, converting the type of business; transferring ownership and usage rights of assets of enterprises and cooperatives;

d) Due to natural disasters, fires, acts of war, or dangerous epidemics.

2. Wages, social insurance, health insurance, unemployment insurance, severance pay, and other employee benefits under collective bargaining agreements and employment contracts shall be given priority in payment in the event that the enterprise or cooperative ceases operations, is dissolved, or goes bankrupt.

3. The employer has the following responsibilities:

a) Complete the procedures for confirming the period of social insurance and unemployment insurance contributions and return them along with the original copies of other documents if the employer has retained them from the employee;

(b) Provide copies of documents related to the employee's work history if the employee requests them. The cost of copying and sending these 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 content of the employment contract violates the law;

b) The person entering into the labor contract does not have the proper authority or violates the principles of labor contract formation as stipulated in Clause 1, Article 15 of this Code;

c) The work stipulated in the employment contract is work prohibited by law.

2. A labor contract is partially invalid when the content of that part violates the law but does not affect the remaining parts of the contract.

Article 50. Authority to declare a labor contract invalid

The People's Court has the right to declare a labor contract invalid.

Article 51. Handling of invalid labor contracts

1. When an employment contract is declared partially invalid, the following procedures apply:

a) The rights, obligations, and interests of both parties shall be resolved in accordance with the applicable collective labor agreement; in the absence of a collective labor agreement, the provisions of the law shall apply;

b) Both parties shall amend and supplement the part of the labor contract that has been declared invalid to conform with the collective labor agreement or labor law.

2. When a labor contract is declared entirely invalid, the rights, obligations, and interests of the employee shall be resolved according to the provisions of the law; in cases where the contract was signed without proper authority, both parties shall re-sign it.

3. The Government shall detail this Article.

Section 5. LABOR LEASING

Article 52. Labor Leasing

1. Labor leasing is when an employee enters into an employment contract with an employer, which is a labor leasing company. Subsequently, the employee is transferred to work for and be managed by another employer while still maintaining an employment relationship with the employer with whom the employment contract was originally signed.

2. Labor leasing is a conditional business activity, permitted only by enterprises holding a Labor Leasing License and applicable to certain specific jobs.

Article 53. Principles of labor leasing operations

1. The maximum term for labor leasing for an employee is 12 months.

2. The employer may use leased labor in the following cases:

a) To temporarily meet sudden increases in labor demand for a specific period of time;

b) Replacing employees during maternity leave, work-related accidents, occupational diseases, or when fulfilling civic duties;

c) There is a need for highly skilled and technically proficient workers.

3. The party hiring the labor is prohibited from employing leased labor in the following cases:

a) To replace workers who are exercising their right to strike or resolving labor disputes;

b) There is no specific agreement regarding the liability for compensation for work-related accidents and occupational diseases between leased workers and the labor leasing company;

c) Replacing employees who are laid off due to structural changes, technological changes, economic reasons, or due to division, separation, merger, or acquisition.

4. The labor leasing entity is not allowed to transfer leased workers to other employers; nor is it allowed to use leased workers provided by enterprises that do not have a Labor Leasing License.

Article 54. Enterprises that lease out labor

1. Businesses that provide labor leasing services must deposit a security fund and be granted a license to operate labor leasing services.

2. The Government shall regulate the deposit requirements, conditions, procedures for granting, re-granting, extending, and revoking licenses for labor leasing activities, and the list of jobs permitted for labor leasing.

Article 55. Labor Leasing Contracts

1. The labor leasing company and the labor leasing party must sign a written labor leasing contract in two copies, with each party keeping one copy.

2. A labor leasing contract includes the following main contents:

a) Workplace location, job position requiring outsourced labor, specific job content, and specific requirements for outsourced workers;

b) The duration of the labor lease; the start date of employment for the leased workers;

c) Working hours, rest periods, and occupational safety and hygiene conditions at the workplace;

d) Responsibility for compensation for work accidents and occupational diseases;

d) Each party's obligations towards the employee.

3. Labor leasing contracts must not contain provisions regarding the rights and benefits of employees that are lower than those stipulated in the employment contracts signed between the labor leasing company and the employees.

Article 56. Rights and obligations of labor leasing enterprises

In addition to the rights and obligations stipulated in Article 6 of this Code, labor leasing enterprises have the following rights and obligations:

1. Ensure that the workers employed have qualifications that meet the requirements of the employer and the terms of the employment contract signed with the worker;

2. Inform the workers of the contents of the labor lease agreement;

3. Inform the employer of the worker's resume and requirements;

4. Ensure that the wages paid to leased workers are not lower than the wages of the leasing company's own workers who have the same qualifications, perform the same work, or perform work of equal value;

5. Prepare records clearly stating the number of workers who have been subcontracted, the subcontracting entity, and periodically report to the specialized labor agency under the Provincial People's Committee;

6. Disciplinary action against employees who violate labor discipline when the employer returns the employee due to labor discipline violations.

Article 57. Rights and obligations of the labor outsourcing party

1. Inform and instruct leased workers about the company's labor regulations and other policies.

2. There shall be no discrimination in working conditions between leased workers and the employer's own employees.

3. Reach agreements with leased workers regarding night work and overtime work in accordance with the provisions of this Code.

4. Reach an agreement with the leased worker and the labor leasing company to formally employ the leased worker for their services, provided that the leased worker's employment contract with the labor leasing company has not yet terminated.

5. Return leased workers who do not meet the agreed-upon requirements or who violate labor discipline to the labor leasing company.

6. Provide the labor leasing company with evidence of labor discipline violations committed by the leased employee for consideration of disciplinary action.

Article 58. Rights and obligations of leased workers

In addition to the rights and obligations stipulated in Article 5 of this Code, leased workers have the following rights and obligations:

1. Perform work as stipulated in the employment contract signed with the labor leasing company;

2. Comply with labor discipline and internal labor regulations; obey the lawful management, direction, and supervision of the labor-employing party;

3. To be paid a salary no lower than that of employees of the hiring party with the same qualifications, performing the same work or work of equal value;

4. File a complaint with the labor leasing company in case the lessee violates the agreements in the labor leasing contract;

5. Agreement to terminate the employment contract with the labor leasing company in order to enter into an employment contract with the labor leasing company.

Chapter IV

VOCATIONAL EDUCATION AND SKILLS DEVELOPMENT

Article 59. Vocational training and vocational skills development

1. Workers are free to choose vocational training, participate in national vocational skills assessment and recognition, and develop professional competencies in accordance with job requirements and their abilities.

2. The State has a policy to encourage qualified employers to provide vocational training and skill development for their employees and other workers in society through the following activities:

a) Establish vocational education institutions or open vocational training classes at the workplace to train, retrain, improve, and upgrade the professional skills of workers; coordinate with vocational education institutions to provide training at elementary, intermediate, and advanced levels, as well as other vocational training programs as prescribed;

b) Organizing vocational skills examinations for workers; participating in vocational skills councils; forecasting needs and developing vocational skills standards; organizing vocational skills assessment and certification; developing professional competencies for workers.

Article 60. Responsibilities of employers regarding training, professional development, and skill enhancement.

1. Employers shall develop annual plans and allocate funds for training, professional development, and skill enhancement for their employees; and for training employees before they transfer to other jobs within the same company.

2. Annually, employers shall report the results of training, professional development, and skill enhancement programs to the specialized labor agency under the Provincial People's Committee.

Article 61. Apprenticeship and training for employment with an employer.

1. Vocational training for employment with an employer involves the employer recruiting individuals for on-the-job vocational training. The duration of vocational training follows the training program for each level as stipulated in the Law on Vocational Education.

2. Apprenticeship for employment with an employer is when an employer recruits individuals to provide practical training and apprenticeship in a specific job position at the workplace. The apprenticeship period shall not exceed 03 months.

3. Employers who recruit people for vocational training or apprenticeship to work for them are not required to register their vocational education activities; they are not allowed to collect tuition fees; and they must sign training contracts in accordance with the Law on Vocational Education.

4. Apprentices and trainees must be at least 14 years old and in good health to meet the requirements of the apprenticeship or training. Apprentices and trainees in occupations and jobs listed as arduous, hazardous, or exceptionally arduous, hazardous, or dangerous, as issued by the Minister of Labour, Invalids and Social Affairs, must be at least 18 years old, except in the fields of arts, physical education, and sports.

5. During the apprenticeship or training period, if the apprentice or trainee directly participates in or performs labor, the employer shall pay them a salary at a rate agreed upon by both parties.

6. Upon completion of the apprenticeship or training period, both parties must sign an employment contract when all the conditions stipulated in this Code are met.

Article 62. Vocational training contract between employer, employee and vocational training costs

1. Both parties must sign a vocational training contract in cases where employees receive advanced training, skill development, or retraining domestically or abroad at the employer's expense, including funding provided by partners to the employer.

The vocational training contract must be made in two copies, with each party keeping one copy.

2. Vocational training contracts must include the following key elements:

a) Vocational training;

b) Location, time, and salary during the training period;

c) The commitment period for working after receiving training;

d) Training costs and responsibility for reimbursing training costs;

d) Responsibilities of the employer;

e) Responsibilities of the employee.

3. Training costs include documented expenses for fees paid to instructors, learning materials, school/class fees, equipment, practical materials, other expenses supporting learners, and wages, social insurance contributions, health insurance, and unemployment insurance contributions for learners during their training period. If the worker is sent for training abroad, training costs also include travel and living expenses during the training period.

Chapter V

WORKPLACE DIALOGUE, COLLECTIVE BARGAINING, COLLECTIVE LABOR AGREEMENTS

Section 1. WORKPLACE DIALOGUE

Article 63. Organizing workplace dialogue

1. Workplace dialogue is the sharing of information, consultation, discussion, and exchange of opinions between employers and employees or employee representative organizations on issues related to the rights, interests, and concerns of all parties in the workplace, with the aim of enhancing understanding, cooperation, and joint efforts towards mutually beneficial solutions.

2. Employers must organize workplace dialogue in the following cases:

a) At least once a year;

b) Upon request from one or more parties;

c) When there is an incident as stipulated in point a, clause 1, Article 36, Articles 42, 44, 93, 104, 118 and clause 1, Article 128 of this Code.

3. Encourage employers and employees or employee representative organizations to conduct dialogue in addition to the cases stipulated in Clause 2 of this Article.

4. The government regulates the organization of dialogue and the implementation of democratic principles at the workplace.

Article 64. Content of workplace dialogue

1. The content of the mandatory dialogue is stipulated in point c, clause 2, Article 63 of this Code.

2. In addition to the content stipulated in Clause 1 of this Article, the parties may choose one or more of the following topics for dialogue:

a) The production and business situation of the employer;

b) The implementation of labor contracts, collective labor agreements, labor regulations, rules and other commitments and agreements at the workplace;

c) Working conditions;

d) Demands of employees and employee representative organizations to employers;

d) Requirements of the employer for the employee and the employee representative organization;

e) Other matters of interest to one or more parties.

Section 2. Collective Bargaining

Article 65. Collective Bargaining

Collective bargaining is the negotiation and agreement between one party, which is one or more organizations representing workers, and another party, which is one or more employers or organizations representing employers, in order to establish working conditions, regulate the relationship between the parties, and build progressive, harmonious, and stable labor relations.

Article 66. Principles of collective bargaining

Collective bargaining is conducted on the principles of voluntariness, cooperation, good faith, equality, openness, and transparency.

Article 67. Content of collective bargaining

The negotiating parties choose one or more of the following items to conduct collective bargaining:

1. Salaries, allowances, salary increases, bonuses, meals, and other benefits;

2. Labor standards and working hours, rest periods, overtime, and breaks between shifts;

3. Ensuring employment for workers;

4. Ensure occupational safety and hygiene; implement labor regulations;

5. Conditions and means of operation of the workers' representative organization; the relationship between the employer and the workers' representative organization;

6. Mechanisms and methods for preventing and resolving labor disputes;

7. Ensuring gender equality, protecting maternity leave, annual leave; preventing and combating violence and sexual harassment in the workplace;

8. Other matters of interest to one or more parties.

Article 68. Right to collective bargaining of employee representative organizations at the enterprise level.

1. Workers' representative organizations at the workplace have the right to request collective bargaining when they reach the minimum percentage of members relative to the total number of workers in the enterprise as stipulated by the Government.

2. In cases where an enterprise has multiple employee representative organizations at the workplace that meet the requirements of Clause 1 of this Article, the organization with the largest number of members in the enterprise has the right to request collective bargaining. Other employee representative organizations at the workplace may participate in collective bargaining when agreed upon by the employee representative organization that has the right to request collective bargaining.

3. In cases where an enterprise has multiple employee representative organizations at the workplace, and none of them meet the requirements of Clause 1 of this Article, these organizations have the right to voluntarily combine to request collective bargaining, but the total number of members of these organizations must reach the minimum percentage as prescribed in Clause 1 of this Article.

4. The government regulates the settlement of disputes between parties relating to the right to collective bargaining.

Article 69. Collective bargaining representation in enterprises

1. The number of participants in collective bargaining from each side is determined by mutual agreement between the parties.

2. The composition of the collective bargaining participants from each side is determined by that side.

In cases where the workers' side has multiple representative organizations participating in collective bargaining as stipulated in Clause 2, Article 68 of this Code, the representative organization has the right to request the bargaining process to determine the number of representatives from each organization participating in the bargaining.

In cases where the workers' side has multiple representative organizations participating in collective bargaining as stipulated in Clause 3, Article 68 of this Code, the number of representatives from each organization shall be agreed upon by those organizations. If no agreement is reached, each organization shall determine the number of representatives participating correspondingly based on the number of members of its own organization divided by the total number of members of all organizations.

3. Each party to collective bargaining has the right to invite its superior representative organization to send a representative to participate as a negotiator, and the other party may not refuse. The number of collective bargaining representatives of each party shall not exceed the number stipulated in paragraph 1 of this Article, except with the consent of the other party.

Article 70. Collective bargaining process in enterprises

1. When a request for collective bargaining is made by a workers' representative organization at the workplace that has the right to request collective bargaining as stipulated in Article 68 of this Code, or by the employer, the party receiving the request may not refuse to negotiate.

Within 07 working days from the date of receiving the request and negotiation content, the parties shall agree on the location and time to begin negotiations.

Employers are responsible for arranging the time, place, and necessary conditions for organizing collective bargaining sessions.

The time for commencing negotiations must not exceed 30 days from the date of receipt of the request for collective bargaining.

2. The collective bargaining period shall not exceed 90 days from the start of negotiations, unless the parties agree otherwise.

The time spent by employee representatives participating in collective bargaining sessions is considered paid working time. However, if an employee is a member of an employee representative organization participating in collective bargaining sessions, the time spent in these sessions is not included in the time stipulated in Clause 2, Article 176 of this Code.

3. During collective bargaining, if requested by the employee representatives, the employer is responsible for providing information on the production and business activities and other matters directly related to the bargaining within the enterprise within 10 days of receiving the request, in order to facilitate collective bargaining, except for information on the employer's trade secrets and technological secrets.

4. The employee representative organization at the workplace has the right to organize discussions and solicit employee opinions on the content, methods, and results of the collective bargaining process.

The employee representative organization at the workplace decides on the time, location, and method of conducting discussions and gathering employee opinions, but this must not affect the normal production and business operations of the enterprise.

Employers are prohibited from creating difficulties, obstructing, or interfering with the process by which employee representatives discuss and gather employee opinions.

5. Collective bargaining must be recorded in minutes, clearly stating the points agreed upon by the parties and the points on which there are differing opinions. The minutes of the collective bargaining must be signed by representatives of the bargaining parties and by the person recording the minutes. The employee representative organization at the workplace shall widely and publicly disseminate the minutes of the collective bargaining to all employees.

Article 71. Failure of collective bargaining

1. Collective bargaining fails in one of the following cases:

a) One party refuses to negotiate or fails to conduct negotiations within the time limit stipulated in Clause 1, Article 70 of this Code;

b) The time limit stipulated in Clause 2, Article 70 of this Code has expired without the parties reaching an agreement;

c) Before the expiration of the time limit stipulated in Clause 2, Article 70 of this Code, the parties jointly determine and declare that collective bargaining has failed to reach an agreement.

2. When negotiations fail, the negotiating parties shall proceed with the labor dispute resolution procedures as prescribed in this Code. While resolving a labor dispute, the employee representative organization is not allowed to organize strikes.

Article 72. Sectoral collective bargaining, collective bargaining involving multiple enterprises.

1. The principles and content of sectoral collective bargaining and collective bargaining involving multiple enterprises shall be implemented in accordance with the provisions of Articles 66 and 67 of this Code.

2. The process for conducting collective bargaining at the industry level and collective bargaining involving multiple enterprises shall be decided by mutual agreement of the parties, including the agreement to conduct collective bargaining through the Collective Bargaining Council as stipulated in Article 73 of this Code.

3. In the case of collective bargaining at the industry level, the bargaining representatives are the industry-level trade union and the industry-level employer representative organization.

In cases where multiple businesses participate in collective bargaining, the bargaining representatives are decided by the negotiating parties on a voluntary and mutually agreed basis.

Article 73. Collective bargaining involving multiple enterprises is conducted through a Collective Bargaining Council.

1. Based on consensus, collective bargaining parties with multiple participating enterprises may request the People's Committee of the province where the participating enterprises' headquarters are located, or the province chosen by the parties in cases where the participating enterprises have headquarters in multiple provinces or centrally-governed cities, to establish a Collective Bargaining Council to conduct collective bargaining.

2. Upon receiving a request from parties to a collective bargaining agreement involving multiple enterprises, the Provincial People's Committee shall decide to establish a Collective Bargaining Council to organize the collective bargaining process. The composition of the Collective Bargaining Council shall include:

a) The Chairperson of the Council is decided by the parties and is responsible for coordinating the activities of the Collective Bargaining Council and supporting the collective bargaining efforts of the parties;

b) Representatives of the collective bargaining parties are appointed by each party. The number of representatives from each bargaining party participating in the Council is agreed upon by the parties;

c) Representatives of the Provincial People's Committee.

3. The collective bargaining council conducts negotiations at the request of the parties and ceases its activities when a collective labor agreement involving multiple enterprises is signed or by mutual agreement of the parties.

4. The Minister of Labour, Invalids and Social Affairs shall prescribe the functions, duties, and activities of the Collective Bargaining Council.

Article 74. Responsibilities of the Provincial People's Committee in collective bargaining

1. Organize training and skill development programs on collective bargaining for all parties involved in collective bargaining.

2. Develop and provide information and data on socio-economic conditions, the labor market, and labor relations to support and promote collective bargaining.

3. Proactively or upon request from both parties to collective bargaining, support the parties in reaching an agreement during the collective bargaining process; in the absence of a request, proactive support by the provincial People's Committee shall only be provided with the consent of all parties.

4. Establish a Collective Bargaining Council upon request from collective bargaining parties comprising multiple enterprises, as stipulated in Article 73 of this Code.

Section 3. Collective Labor Agreements

Article 75. Collective Labor Agreement

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

Collective labor agreements include enterprise collective labor agreements, industry collective labor agreements, collective labor agreements involving multiple enterprises, and other types of collective labor agreements.

2. The content of collective labor agreements must not contradict the provisions of the law; agreements should ideally be more beneficial to employees than those stipulated by law.

Article 76. Obtaining opinions and signing collective labor agreements

1. For enterprise collective labor agreements, before signing, the draft collective labor agreement negotiated by the parties must be submitted for comments from all employees in the enterprise. An enterprise collective labor agreement can only be signed when more than 50% of the enterprise's employees vote in favor.

2. For industry-wide collective labor agreements, the consultative group includes all members of the leadership boards of employee representative organizations at the enterprises participating in the negotiations. An industry-wide collective labor agreement can only be signed when more than 50% of the total number of consulted individuals vote in favor.

For collective labor agreements involving multiple enterprises, the consultative group includes all employees at the enterprises participating in the negotiations or all members of the management boards of employee representative organizations at the participating enterprises. Only enterprises with more than 50% of those consulted voting in favor will participate in signing the collective labor agreement involving multiple enterprises.

 3. The time, location, and method of soliciting opinions and voting on the draft collective labor agreement shall be decided by the employee representative organization, but shall not affect the normal production and business operations of the enterprises participating in the negotiations. Employers shall not create difficulties, obstacles, or interfere with the process by which the employee representative organization solicits opinions and votes on the draft agreement.

4. Collective labor agreements are signed by the legal representatives of the negotiating parties.

In cases where a collective labor agreement involves multiple enterprises and is conducted through a Collective Bargaining Council, it shall be signed by the Chairman of the Collective Bargaining Council and the legal representatives of the negotiating parties.

5. Collective labor agreements must be submitted to each signatory party and to the specialized labor agency under the Provincial People's Committee as stipulated in Article 77 of this Code.

For industry-wide collective labor agreements or collective labor agreements involving multiple enterprises, each employer and each employee representative organization at the participating enterprises must receive one copy.

6. After a collective labor agreement is signed, the employer must inform its employees.

7. The Government shall detail this Article.

Article 77. Submission of collective labor agreements

Within 10 days of the collective labor agreement being signed, the employer participating in the agreement must send one copy of the collective labor agreement to the specialized labor agency under the People's Committee of the province where the head office is located.

Article 78. Validity and duration of collective labor agreements

1. The effective date of a collective labor agreement is agreed upon by the parties and recorded in the agreement. If the parties do not agree on an effective date, the collective labor agreement takes effect from the date of signing.

Once a collective labor agreement comes into effect, it must be respected and implemented by all parties involved.

2. Enterprise collective labor agreements are effective and applicable to the employer and all employees of the enterprise. Industry collective labor agreements and collective labor agreements involving multiple enterprises are effective and applicable to all employers and employees of the enterprises participating in the collective labor agreement.

3. Collective labor agreements have a term of 01 to 03 years. The specific term is agreed upon by the parties and recorded in the collective labor agreement. The parties have the right to agree on different terms for the contents of the collective labor agreement.

Article 79. Implementation of collective labor agreements in enterprises

1. Employers and employees, including those who start working after the collective labor agreement comes into effect, are obligated to fully implement the collective labor agreement currently in effect.

2. In cases where the rights, obligations, and benefits of the parties in a labor contract concluded before the collective labor agreement takes effect are lower than the corresponding provisions of the collective labor agreement, the collective labor agreement shall prevail. If the employer's regulations are inconsistent with the collective labor agreement, they must be amended accordingly; until amendments are made, the corresponding provisions of the collective labor agreement shall apply.

3. When one party believes that the other party has not fully implemented or has violated the collective labor agreement, it has the right to demand the proper implementation of the collective labor agreement, and both parties are responsible for jointly considering and resolving the issue; if a resolution cannot be reached, each party has the right to request the settlement of the collective labor dispute in accordance with the law.

Article 80. Implementation of enterprise collective labor agreements in cases of division, separation, merger, acquisition; sale, lease, conversion of enterprise type; transfer of ownership rights and usage rights of enterprise assets.

1. In cases of division, separation, merger, acquisition; sale, lease, conversion of business type; transfer of ownership or right to use assets of the enterprise, the successor employer and the employee representative organization have the right to negotiate in accordance with Article 68 of this Code, based on the labor utilization plan, to consider whether to continue implementing, amend, or supplement the old enterprise collective labor agreement or negotiate to sign a new collective labor agreement.

2. In cases where a collective labor agreement expires due to the employer ceasing operations, the rights of employees shall be resolved according to the provisions of the law.

Article 81. Relationship between enterprise collective labor agreements, industry collective labor agreements, and collective labor agreements involving multiple enterprises.

1. In cases where a collective labor agreement for an enterprise, a collective labor agreement involving multiple enterprises, or a collective labor agreement for an industry stipulates different rights, obligations, and benefits for employees, the provision that is most beneficial to the employees shall be implemented.

2. Enterprises subject to industry-wide collective labor agreements or multi-enterprise collective labor agreements that do not yet have a company-wide collective labor agreement may develop a company-wide collective labor agreement with provisions more favorable to employees than the industry-wide collective labor agreement or the multi-enterprise collective labor agreement.

3. Encourage enterprises that have not yet participated in a sectoral collective labor agreement or a multi-enterprise collective labor agreement to implement provisions that are more beneficial to workers than those in the sectoral collective labor agreement or the multi-enterprise collective labor agreement.

Article 82. Amendment and Supplementation of Collective Labor Agreements

1. Collective labor agreements can only be amended or supplemented by voluntary agreement of the parties, through collective bargaining.

The process of amending and supplementing collective labor agreements is carried out in the same way as negotiating and signing collective labor agreements.

2. If changes in the law render the collective labor agreement inconsistent with the law, the parties must amend and supplement the collective labor agreement to conform with the law. During the amendment and supplementation process, the rights of employees shall be governed by the provisions of the law.

Article 83. Expiration of collective labor agreements

Within 90 days before the expiration date of a collective labor agreement, the parties may negotiate to extend the term of the collective labor agreement or sign a new collective labor agreement. If the parties agree to extend the term of the collective labor agreement, their opinions must be sought as stipulated in Article 76 of this Code.

When a collective labor agreement expires and the parties continue to negotiate, the old collective labor agreement shall continue to be implemented for a period not exceeding 90 days from the date of its expiration, unless the parties agree otherwise.

Article 84. Expanding the scope of application of industry-wide collective labor agreements or collective labor agreements involving multiple enterprises.

1. When a sectoral collective labor agreement or a collective labor agreement involving multiple enterprises has a scope of application covering more than 75% of the workforce or more than 75% of enterprises in the same industry, occupation, or field within an industrial park, economic zone, export processing zone, or high-tech zone, the employer or the representative organization of the workers there shall request the competent state agency to decide on expanding the scope of application of part or all of that agreement to include enterprises in the same industry, occupation, or field within the industrial park, economic zone, export processing zone, or high-tech zone.

2. The Government shall provide detailed regulations for Clause 1 of this Article; and shall prescribe the procedures, formalities, and authority for deciding on the expansion of the scope of application of collective labor agreements as stipulated in Clause 1 of this Article.

Article 85. Joining and withdrawing from industry-wide collective labor agreements or collective labor agreements involving multiple enterprises.

1. Enterprises may join industry-wide collective labor agreements or collective labor agreements involving multiple enterprises when all employers and employee representative organizations at the enterprise that are members of the agreement agree, except as stipulated in Clause 1, Article 84 of this Code.

2. Enterprises that are members of a sectoral collective labor agreement or a collective labor agreement involving multiple enterprises may withdraw from the collective labor agreement with the consent of all employers and employee representative organizations at the enterprise that are members of the agreement, except in cases of exceptional difficulties in production and business operations.

3. The Government shall detail this Article.

Article 86. Invalid collective labor agreements

1. A collective labor agreement is partially invalid when one or more provisions of the collective labor agreement violate the law.

2. A collective labor agreement is wholly invalid in one of the following cases:

a) The entire content of the collective labor agreement violates the law;

b) The signatory lacked the proper authority;

c) Failure to comply with the proper procedures for negotiating and signing collective labor agreements.

Article 87. Authority to declare collective labor agreements invalid

The People's Court has the right to declare a collective labor agreement invalid.

Article 88. Handling of invalid collective labor agreements

When a collective labor agreement is declared invalid, the rights, obligations, and interests of the parties stipulated in the collective labor agreement, corresponding to the whole or part declared invalid, shall be resolved in accordance with the law and the legitimate agreements in the individual labor contracts.

Article 89. Costs of negotiating and signing collective labor agreements

All costs for negotiating, signing, amending, supplementing, sending, and publishing collective labor agreements shall be borne by the employer.

Chapter VI

SALARY

Article 90. Wages

1. Wages are the amount of money that an employer pays to an employee according to an agreement for performing work, including the salary based on the job or position, salary allowances, and other additional payments.

2. Salaries for jobs or positions must not be lower than the minimum wage.

3. Employers must ensure equal pay, without discrimination based on gender, for workers performing work of equal value.

Article 91. Minimum wage

1. The minimum wage is the lowest wage paid to workers performing the simplest tasks under normal working conditions, in order to ensure a minimum standard of living for the worker and their family, in accordance with socio-economic development conditions.

2. Minimum wage levels are established regionally and set on a monthly or hourly basis.

3. The minimum wage is adjusted based on the minimum living standard of workers and their families; the correlation between the minimum wage and market wages; the consumer price index, economic growth rate; the relationship between labor supply and demand; employment and unemployment; labor productivity; and the ability of businesses to pay.

4. The Government shall provide detailed regulations for this Article; decide and announce the minimum wage level based on the recommendations of the National Wage Council.

Article 92. National Wage Council

1. The National Wage Council is an advisory body to the Government on minimum wage levels and wage policies for workers.

2. The Prime Minister shall establish a National Wage Council comprising members representing the Ministry of Labour, Invalids and Social Affairs, the Vietnam General Confederation of Labour, several central organizations representing employers, and independent experts.

3. The Government shall regulate the functions, duties, organizational structure, and operation of the National Wage Council.

Article 93. Establishing wage scales, salary tables, and labor norms.

1. Employers must establish wage scales, salary tables, and labor norms as a basis for recruiting and employing workers, agreeing on salary levels according to the job or position specified in the labor contract, and paying wages to employees.

2. Labor standards must be at an average level that ensures the majority of workers can meet the requirements without extending normal working hours, and must be tested before being officially implemented.

3. Employers must consult with the employee representative organization at the workplace, if such an organization exists, when developing wage scales, salary tables, and labor norms.

Salary scales, wage tables, and labor standards must be publicly displayed at the workplace before implementation.

Article 94. Principles of wage payment

1. Employers must pay wages directly, in full, and on time to employees. If an employee is unable to receive wages directly, the employer may pay wages to a person legally authorized by the employee.

2. Employers shall not restrict or interfere with employees' right to decide how to spend their wages; nor shall they force employees to spend their wages on purchasing goods or using services from the employer or from another entity designated by the employer.

Article 95. Salary Payment

1. Employers pay employees based on agreed-upon wages, labor productivity, and the quality of work performed.

2. The salary stated in the labor contract and the salary paid to the employee must be in Vietnamese Dong. In the case of a foreign employee in Vietnam, it may be paid in a foreign currency.

3. Each time wages are paid, the employer must provide the employee with a payslip clearly stating the basic salary, overtime pay, night shift pay, and the details and amount of any deductions (if any).

Article 96. Forms of wage payment

1. The employer and the employee agree on the form of payment based on time, output, or piecework.

2. Salaries are paid in cash or transferred to the employee's personal bank account.

If salaries are paid through the employee's personal bank account, the employer must pay all fees related to opening the account and transferring the salary.

3. The Government shall detail this Article.

Article 97. Salary payment period

1. Employees paid on an hourly, daily, or weekly basis shall be paid after each hour, day, or week of work, or paid in a lump sum as agreed upon by both parties, but the lump sum payment must not exceed 15 days.

2. Employees receiving monthly salaries are paid once a month or twice a month. The timing of salary payment is agreed upon by both parties and must be set at a cyclical time.

3. Workers paid on a piecework or contract basis are paid according to the agreement between the two parties; if the work takes several months, they will receive a monthly advance payment based on the amount of work completed during the month.

4. In cases where, due to force majeure, the employer has taken all possible remedial measures but is unable to pay wages on time, the delay must not exceed 30 days; if the delay is 15 days or more, the employer must compensate the employee with an amount at least equal to the interest on the delayed payment, calculated at the interest rate for 01-month term deposits published by the bank where the employer maintains the employee's payroll account at the time of payment.

Article 98. Overtime and night work wages

1. Workers who work overtime are paid based on the hourly wage rate or the actual wage paid for the work being performed as follows:

a) On weekdays, at least 150%;

b) On weekly rest days, at least 200%;

c) On public holidays, Tet holidays, and paid leave days, the compensation must be at least 300% of the regular wage, not including the holiday pay for employees paid on a daily basis.

2. Workers who work at night shall be paid at least 30% more than their regular daily wage or the actual wage paid for the work performed during a normal workday.

3. In addition to the wages stipulated in Clauses 1 and 2 of this Article, employees working overtime at night shall also be paid an extra 20% of their wages calculated based on the hourly wage rate or the wage for the work performed during the day on a normal working day, a weekly rest day, or a public holiday.

4. The Government shall detail this Article.

Article 99. Wages during work stoppage

In the event of work stoppage, employees will be paid as follows:

1. If the fault lies with the employer, the employee is entitled to full wages as stipulated in the employment contract;

2. If the work stoppage is due to the fault of the employee, that employee shall not be paid; other employees in the same unit who have to stop working shall be paid at a rate agreed upon by both parties, but not lower than the minimum wage;

3. If the work stoppage is due to power or water outages not caused by the employer, or due to natural disasters, fires, dangerous epidemics, acts of war, relocation of the business premises at the request of a competent state agency, or for economic reasons, the two parties shall agree on the following regarding wages for the period of work stoppage:

a) In cases of work stoppage lasting 14 working days or less, the agreed-upon wages for the period of work stoppage shall not be lower than the minimum wage;

b) In cases where work is suspended for more than 14 working days, the compensation for the suspension of work shall be agreed upon by both parties, but it must be ensured that the compensation for the first 14 days of suspension of work is not lower than the minimum wage.

Article 100. Payment of wages through contractors

1. Where contractors or similar intermediaries are used, the primary employer must maintain a list and addresses of these individuals along with a list of the workers employed by them, and must ensure their compliance with legal regulations regarding wages, occupational safety, and hygiene.

2. In cases where the contractor or a similar intermediary fails to pay wages, pays insufficient wages, or fails to provide other benefits to the workers, the primary employer shall be responsible for paying wages and ensuring the workers' rights.

In this case, the primary employer has the right to demand compensation from the contractor or similar intermediary, or to request the competent state authority to resolve the dispute in accordance with the law.

Article 101. Advance payment of wages

1. Employees may receive salary advances under conditions agreed upon by both parties, without incurring interest charges.

2. Employers must provide employees with an advance payment of wages corresponding to the number of days the employee is temporarily absent from work to fulfill civic duties for one week or more, but not exceeding one month's salary as stipulated in the employment contract, and the employee must repay the advanced amount.

Workers who enlist in the military in accordance with the Law on Military Service are not entitled to salary advances.

3. When taking annual leave, employees are entitled to an advance payment of at least the equivalent of their salary for the days of leave.

Article 102. Deductions from wages

1. Employers may only deduct wages from employees to compensate for damage caused to the employer's tools, equipment, or property as stipulated in Article 129 of this Code.

2. Employees have the right to know the reason for any deductions from their wages.

3. The monthly salary deduction shall not exceed 30% of the employee's actual monthly salary after deducting mandatory social insurance contributions, health insurance, unemployment insurance, and personal income tax.

Article 103. Salary increase, promotion, allowances, and subsidies.

Salary increases, promotions, allowances, subsidies, and other incentive schemes for employees are agreed upon in the employment contract, collective bargaining agreement, or regulations of the employer.

Article 104. Rewards

1. Bonuses are sums of money, assets, or other forms of reward that employers give to employees based on production and business results and the level of job performance of the employees.

2. The bonus regulations are decided by the employer and publicly announced at the workplace after consulting with the employee representative organization at the workplace, if such an organization exists.

Chapter VII

WORKING HOURS, REST PERIODS

Section 1. WORKING HOURS

Article 105. Normal working hours

1. Normal working hours shall not exceed 8 hours per day and 48 hours per week.

2. Employers have the right to regulate working hours on a daily or weekly basis, but must notify employees; in the case of weekly working hours, normal working hours shall not exceed 10 hours in one day and not exceed 48 hours in one week.

The government encourages employers to implement a 40-hour work week for their employees.

3. Employers are responsible for ensuring that the time spent working in contact with hazardous and harmful factors is limited in accordance with national technical standards and relevant laws.

Article 106. Night work hours

Night shift hours are calculated from 22 PM to 06 AM the following morning.

Article 107. Overtime work

1. Overtime is the period of work performed outside of normal working hours as stipulated by law, collective labor agreements, or company regulations.

2. Employers may require employees to work overtime when all of the following requirements are met:

a) The employee's consent is required;

b) Ensure that the number of overtime hours for employees does not exceed 50% of the normal working hours in one day; in cases where normal working hours are regulated on a weekly basis, the total number of normal working hours and overtime hours shall not exceed 12 hours in one day; and not exceed 40 hours in one month;

c) Ensure that the number of overtime hours for employees does not exceed 200 hours in one year, except as stipulated in Clause 3 of this Article.

3. Employers may require employees to work overtime for no more than 300 hours per year in certain industries, occupations, jobs, or circumstances as follows:

a) Production and processing for export of textile, garment, leather, footwear, electrical, electronic, agricultural, forestry, salt, and aquatic product processing;

b) Electricity production and supply, telecommunications, oil refining; water supply and drainage;

c) Cases where resolving a task requires highly skilled and technically proficient labor that the labor market cannot adequately and promptly supply;

d) In cases where urgent work must be addressed and cannot be postponed due to the seasonal nature or timing of raw materials or products, or to resolve issues arising from unforeseen objective factors such as weather, natural disasters, fires, enemy attacks, power outages, raw material shortages, or technical failures of the production line;

d) Other cases as prescribed by the Government.

4. When organizing overtime work as prescribed in Clause 3 of this Article, the employer must notify in writing the specialized labor agency under the Provincial People's Committee.

5. The Government shall detail this Article.

Article 108. Overtime work in special circumstances

Employers have the right to require employees to work overtime on any day without being limited by the number of overtime hours stipulated in Article 107 of this Code, and employees may not refuse in the following cases:

1. Implement mobilization orders to ensure national defense and security tasks in accordance with the law;

2. To perform tasks aimed at protecting human lives and the property of agencies, organizations, and individuals in preventing and mitigating the consequences of natural disasters, fires, dangerous epidemics, and catastrophes, except in cases where there is a risk to the life and health of workers as stipulated by the law on occupational safety and health.

Section 2. REST TIME

Article 109. Breaks during working hours

1. Workers who work according to the working hours stipulated in Article 105 of this Code for 06 hours or more in a day are entitled to a break of at least 30 consecutive minutes, and those working at night are entitled to a break of at least 45 consecutive minutes.

If an employee works a continuous shift of 06 hours or more, the break time between shifts is counted as working time.

2. In addition to the rest periods stipulated in Clause 1 of this Article, the employer shall arrange rest breaks for employees and record them in the labor regulations.

Article 110. Shift change break

Workers on shifts must have at least 12 hours of rest before starting another shift.

Article 111. Weekly Rest

1. Each week, employees are entitled to at least 24 consecutive hours of rest. In exceptional cases where the work cycle makes weekly rest impossible, the employer is responsible for ensuring that employees receive an average of at least 4 days of rest per month.

2. Employers have the right to decide whether to schedule the weekly day off on Sunday or another specified day of the week, but this must be recorded in the company's internal regulations.

3. If a weekly rest day coincides with a public holiday as stipulated in Clause 1, Article 112 of this Labor Code, the employee shall be entitled to a compensatory day off for the weekly rest day on the following working day.

Article 112. Holidays and festivals

1. Employees are entitled to time off with full pay on the following holidays:

a) New Year's Day: 1 day (January 1st);

b) Lunar New Year: 05 days;

c) Victory Day: 1 day (April 30th);

d) International Labor Day: 1 day (May 1st);

d) National Day: 2 days (September 2nd and one day immediately before or after);

e) Hung Kings Commemoration Day: 01 day (10th day of the 3rd lunar month).

2. Foreign workers in Vietnam, in addition to the holidays stipulated in Clause 1 of this Article, are also entitled to one extra day off for their national traditional New Year and one extra day off for their national day.

3. Annually, based on actual conditions, the Prime Minister shall decide on the specific holidays stipulated in points b and d of Clause 1 of this Article.

Article 113. Annual leave

1. Employees who have worked for 12 months for an employer are entitled to annual leave with full pay as stipulated in their employment contract, as follows:

a) 12 working days for those working under normal conditions;

b) 14 working days for underage workers, workers with disabilities, and those engaged in strenuous, hazardous, or dangerous occupations or jobs;

c) 16 working days for those engaged in particularly strenuous, hazardous, or dangerous occupations or jobs.

2. Employees who have worked for less than 12 months for an employer are entitled to annual leave days in proportion to the number of months worked.

3. In cases of resignation or job loss where the employee has not yet taken their annual leave or has not used all of their annual leave days, the employer shall pay the employee wages for the unused leave days.

4. Employers are responsible for establishing the annual leave schedule after consulting with employees and must notify employees in advance. Employees may agree with their employers to take annual leave in multiple installments or accumulate leave for up to three years at a time.

5. When taking annual leave before the scheduled payday, employees are entitled to an advance payment of wages as stipulated in Clause 3, Article 101 of this Code.

6. When taking annual leave, if the employee travels by road, rail, or water and the total travel time (round trip) exceeds two days, the travel time from the third day onwards will be added to the annual leave days and will only be counted for one leave period per year.

7. The government will provide detailed regulations for this.

Article 114. Additional annual leave days based on seniority.

For every five years of employment with the same employer, the employee's annual leave entitlement, as stipulated in Clause 1, Article 113 of this Labor Code, shall be increased by one day.

Article 115. Personal leave, unpaid leave

1. Employees are entitled to paid leave and must notify their employer in the following cases:

a) Marriage: 03 days off;

b) Children (biological or adopted) getting married: 01 day off;

c) Death of biological father, biological mother, adoptive father, adoptive mother; biological father, biological mother, adoptive father, adoptive mother of spouse; spouse; biological child, adopted child: 03 days of leave.

2. Employees are entitled to one day of unpaid leave and must notify their employer when their paternal or maternal grandparents, siblings, or parents remarry; or when their siblings get married.

3. In addition to the provisions in Clauses 1 and 2 of this Article, employees may agree with their employers to take unpaid leave.

Section 3. WORKING HOURS AND REST PERIODS FOR PERSONS ENGAGED IN WORK OF A SPECIAL NATURE

Article 116. Working hours and rest periods for those performing work of a special nature.

For jobs of a special nature in the fields of road, rail, water, and air transport; offshore oil and gas exploration and exploitation; working at sea; in the arts; using radiation and nuclear technology; applying high-frequency wave technology; information technology; applied research in advanced science and technology; industrial design; diving; working in mines; seasonal production work; order-based processing work; work requiring 24/24 operation; and other jobs of a special nature as prescribed by the Government, the relevant Ministries and sectors shall specify working hours and rest periods after consultation with the Ministry of Labour, Invalids and Social Affairs and must comply with the provisions of Article 109 of this Code.

Chapter VIII

LABOR DISCIPLINE AND MATERIAL RESPONSIBILITY

Section 1. LABOR DISCIPLINE

Article 117. Labor Discipline

Labor discipline refers to regulations concerning adherence to schedules, technology, and production and business operations, issued by employers in internal labor regulations and stipulated by law.

Article 118. Labor Regulations

1. Employers must issue labor regulations; if employing 10 or more workers, these regulations must be in writing.

2. The content of the labor regulations must not contradict labor laws and relevant legal provisions. The labor regulations include the following main contents:

a) Working hours, rest periods;

b) Order in the workplace;

c) Occupational safety and hygiene;

d) Preventing and combating sexual harassment in the workplace; procedures for handling acts of sexual harassment in the workplace;

d) Protecting the assets and business secrets, technological secrets, and intellectual property of the employer;

e) Cases where an employee is temporarily transferred to a different job than specified in their employment contract;

g) Labor discipline violations by employees and forms of labor disciplinary action;

h) Material liability;

i) The person authorized to handle labor disciplinary matters.

3. Before issuing or amending labor regulations, employers must consult with the employee representative organization at the workplace, if such an organization exists.

4. Labor regulations must be communicated to employees, and the main contents must be posted in necessary locations at the workplace.

5. The Government shall detail this Article.

Article 119. Registration of labor regulations

1. Employers employing 10 or more workers must register their labor regulations with the specialized labor agency under the People's Committee of the province where the employer is registered.

2. Within 10 days of issuing the labor regulations, the employer must submit the registration dossier for the labor regulations.

3. Within 07 working days from the date of receiving the labor regulations registration dossier, if the content of the labor regulations contains provisions contrary to the law, the specialized labor agency under the Provincial People's Committee shall notify and guide the employer to amend, supplement, and re-register the regulations.

4. Employers with branches, units, or production and business establishments located in different areas shall submit their registered labor regulations to the specialized labor agency under the People's Committee of the province where the branch, unit, or production and business establishment is located.

5. Based on specific conditions, the specialized labor agency under the Provincial People's Committee may authorize the specialized labor agency under the District People's Committee to register labor regulations as prescribed in this Article.

Article 120. Documents for registering labor regulations

The labor regulations registration dossier includes:

1. Application for registration of labor regulations;

2. Labor regulations;

3. Written comments from the employee representative organization at the workplace regarding the workplace where such an organization exists;

4. Documents from the employer containing regulations related to labor discipline and material liability (if any).

Article 121. Validity of labor regulations

The labor regulations shall take effect 15 days after the date the competent state agency specified in Article 119 of this Code receives the complete registration dossier for the labor regulations.

In cases where an employer employs fewer than 10 workers and issues written labor regulations, the employer shall determine the effective date within those regulations.

Article 122. Principles, order, and procedures for handling labor disciplinary actions.

1. The procedures for handling labor disciplinary actions are as follows:

a) The employer must prove the employee's fault;

b) The employee representative organization at the workplace of which the employee being disciplined is a member must be involved;

c) The employee must be present and has the right to defend themselves, or to have a lawyer or employee representative organization defend them; in the case of a person under 15 years of age, a legal representative must be present;

d) Disciplinary action against employees must be recorded in a written report.

2. Multiple forms of labor disciplinary action shall not be applied to a single labor discipline violation.

3. When an employee commits multiple labor discipline violations simultaneously, only the highest disciplinary action corresponding to the most serious violation shall be applied.

4. No disciplinary action shall be taken against an employee during the following periods:

a) Sick leave, convalescence leave; leave of absence with the employer's consent;

b) Currently being held in custody or detention;

c) Awaiting the results of the investigation and conclusion by the competent authority regarding the violations stipulated in Clauses 1 and 2 of Article 125 of this Code;

d) Female employees who are pregnant; employees on maternity leave or raising children under 12 months old.

5. No disciplinary action shall be taken against an employee who violates labor discipline while suffering from a mental illness or other disease that impairs their cognitive abilities or their ability to control their behavior.

6. The government shall prescribe the procedures for handling labor disciplinary actions.

Article 123. Statute of limitations for labor disciplinary action.

1. The statute of limitations for disciplinary action against an employee is 06 months from the date the violation occurred; however, if the violation is directly related to the employer's finances, assets, or the disclosure of technological or business secrets, the statute of limitations for disciplinary action is 12 months.

2. When the time limit stipulated in Clause 4, Article 122 of this Code expires, if the statute of limitations has expired or is still valid but less than 60 days remain, the statute of limitations for handling labor disciplinary matters may be extended, but not exceeding 60 days from the date the aforementioned time limit expires.

3. The employer must issue a decision on disciplinary action within the time limit specified in Clauses 1 and 2 of this Article.

Article 124. Forms of labor disciplinary action

1. Reprimand.

2. Extend the salary increase period by no more than 06 months.

3. Dismissal from office.

4. Dismissal.

Article 125. Application of the disciplinary measure of dismissal.

The disciplinary measure of dismissal may be applied by the employer in the following cases:

1. Employees who engage in theft, embezzlement, gambling, intentional infliction of injury, or drug use at the workplace;

2. Employees who disclose business secrets, technological secrets, infringe on the intellectual property rights of the employer, cause serious damage or threaten to cause exceptionally serious damage to the property and interests of the employer, or engage in sexual harassment in the workplace as stipulated in the labor regulations;

3. Employees who have been subjected to disciplinary action resulting in an extended delay in salary increase or demotion and who re-offend before the disciplinary record is expunged. Re-offending refers to the case where an employee repeats the same violation for which they were previously disciplined, before the disciplinary record has been expunged as stipulated in Article 126 of this Code;

4. An employee who voluntarily abandons their job for a cumulative total of 05 days within a 30-day period, or a cumulative total of 20 days within a 365-day period starting from the first day of abandonment without a valid reason.

Cases considered to have legitimate reasons include natural disasters, fires, illness of the employee or a family member with confirmation from an authorized medical facility, and other cases stipulated in the labor regulations.

Article 126. Removal of disciplinary action, reduction of the duration of labor discipline

1. An employee who receives a reprimand after 03 months, or is subjected to disciplinary action resulting in an extended delay in salary increase after 06 months, or is dismissed after 03 years from the date of the disciplinary action, will automatically have their disciplinary record expunged if they do not continue to violate labor discipline.

2. Employees who are subject to disciplinary action involving an extended delay in salary increase may have their delay reduced by their employer after serving half of the period if they show improvement and progress.

Article 127. Prohibited acts when handling labor disciplinary matters.

1. Violating the health, honor, life, reputation, and dignity of workers.

2. Imposing fines or salary deductions instead of disciplinary action.

3. Disciplinary action against employees for violations not stipulated in the company's internal regulations, not agreed upon in the concluded employment contract, or not regulated by labor law.

Article 128. Temporary suspension of work

1. Employers have the right to temporarily suspend an employee's work when the violation involves complex circumstances, if it is deemed that allowing the employee to continue working would hinder the investigation. Temporary suspension of an employee's work can only be carried out after consulting with the employee representative organization at the workplace of which the employee being considered for temporary suspension is a member.

2. The period of temporary suspension from work shall not exceed 15 days, or 90 days in exceptional cases. During the period of temporary suspension from work, the employee shall receive an advance payment of 50% of their salary before the suspension.

Upon the expiration of the temporary suspension period, the employer must reinstate the employee.

3. In the event that an employee is subjected to disciplinary action, the employee is not required to return the advance salary.

4. If the employee is not subject to labor disciplinary action, the employer shall pay the employee full wages for the period of temporary suspension from work.

Section 2. MATERIAL RESPONSIBILITY

Article 129. Compensation for damages

1. Employees who damage tools, equipment, or commit other acts causing damage to the employer's property must compensate for the damage in accordance with the law or the employer's internal labor regulations.

In cases where an employee causes minor damage due to negligence, with a value not exceeding 10 months of the regional minimum wage announced by the Government applicable in the employee's workplace, the employee shall compensate a maximum of 3 months' salary and have monthly deductions from their salary as stipulated in Clause 03, Article 102 of this Code.

2. Employees who lose tools, equipment, or assets belonging to the employer, or other assets entrusted by the employer, or who consume materials in excess of permitted limits, must compensate for the damage in part or in full according to market prices or labor regulations; if there is a liability contract, compensation must be made according to the contract; in cases of natural disasters, fires, acts of war, dangerous epidemics, catastrophes, or unforeseeable and unavoidable objective events despite the application of all necessary and possible measures, no compensation is required.

Article 130. Handling of compensation for damages

1. The assessment and determination of the amount of compensation for damages must be based on the fault, the actual extent of the damage, and the actual circumstances of the employee's family, personal background, and property.

2. The government shall prescribe the procedures, processes, and time limits for handling compensation for damages.

Article 131. Complaints regarding labor discipline and material liability

Employees who are subjected to labor disciplinary action, temporary suspension from work, or required to pay compensation under the material liability regime, if they deem the decision unsatisfactory, have the right to file a complaint with the employer, with the competent authority as prescribed by law, or request labor dispute resolution according to the procedures prescribed by law.

The government shall provide detailed regulations for this Article.

Chapter IX

OCCUPATIONAL SAFETY AND HEALTH

Article 132. Compliance with laws on occupational safety and hygiene.

Employers, employees, and agencies, organizations, and individuals involved in labor, production, and business must comply with the law on occupational safety and hygiene.

Article 133. Occupational safety and health program

1. The government decides on the National Program on Occupational Safety and Health.

2. The Provincial People's Committee shall submit to the Provincial People's Council for decision the local occupational safety and health program and incorporate it into the socio-economic development plan.

Article 134. Ensuring occupational safety and hygiene at the workplace

1. Employers are responsible for implementing all necessary measures to ensure occupational safety and hygiene in the workplace.

2. Workers are responsible for complying with regulations, rules, procedures, and requirements regarding occupational safety and hygiene; adhering to the law; and possessing knowledge and skills in measures to ensure occupational safety and hygiene at the workplace.

Chapter X

SPECIFIC REGULATIONS FOR FEMALE WORKERS AND ENSURING GENDER EQUALITY

Article 135. State Policy

1. Ensure equal rights for female and male workers, implement measures to guarantee gender equality and prevent and combat sexual harassment in the workplace.

2. Encourage employers to create conditions for both male and female workers to have regular employment, widely apply flexible working hours, part-time work, and assign work to be done from home.

3. Implement measures to create jobs, improve working conditions, enhance professional skills, provide healthcare, and strengthen the material and spiritual welfare of female workers, in order to help them effectively utilize their professional abilities and harmoniously combine work life and family life.

4. There is a policy of reducing taxes for employers who employ a large number of female workers, as stipulated by tax laws.

5. The State has plans and measures to organize nurseries and kindergartens in areas with a large workforce. It expands various types of training that are convenient for female workers, providing them with additional skills suitable for their physical characteristics, physiology, and maternal functions.

6. The Government shall detail this Article.

Article 136. Responsibilities of the employer

1. Ensure the implementation of gender equality and measures to promote gender equality in recruitment, job placement, training, working hours, rest periods, wages, and other benefits.

2. Consult with female workers or their representatives when making decisions on issues related to women's rights and interests.

3. Ensure that there are adequate and suitable showers and toilets at the workplace.

4. Providing assistance and support for the construction of nurseries and kindergartens, or contributing to the cost of childcare and kindergarten for employees.

Article 137. Protection of pregnancy and childbirth

1. Employers are prohibited from employing workers to work at night, work overtime, or travel on business trips in the following cases:

a) Pregnancy from the 07th month or from the 06th month if working in mountainous, remote, border, or island areas;

b) Currently raising a child under 12 months old, unless otherwise agreed upon by the employee.

2. Female workers engaged in strenuous, hazardous, or particularly strenuous, hazardous, or dangerous occupations or jobs that negatively affect reproductive function and child-rearing during pregnancy, provided they notify their employer, may be transferred to lighter, safer work or have their daily working hours reduced by one hour without any reduction in salary or benefits until the end of the child-rearing period (for children under 12 months old).

3. Employers are not allowed to dismiss or unilaterally terminate employment contracts with employees for reasons of marriage, pregnancy, maternity leave, or raising children under 12 months old, except in cases where the employer is an individual who dies, is declared incapacitated by a court, is missing or deceased, or where the employer is not an individual who ceases operations or is notified by the specialized business registration agency under the Provincial People's Committee that there is no legal representative or authorized person to exercise the rights and obligations of the legal representative.

If a labor contract expires while a female employee is pregnant or raising a child under 12 months old, she will be given priority in concluding a new labor contract.

4. Female employees are entitled to a 30-minute break each day during menstruation and a 60-minute break each day while breastfeeding a child under 12 months old during working hours. These breaks are still compensated with full salary as stipulated in the employment contract.

Article 138. Right of pregnant female employees to unilaterally terminate or suspend their employment contracts.

1. Pregnant female employees, if they have confirmation from an authorized medical facility that continuing to work would negatively affect the fetus, have the right to unilaterally terminate their employment contract or temporarily suspend the performance of their employment contract.

In cases of unilateral termination or suspension of an employment contract, the employee must notify the employer and provide confirmation from an authorized medical facility that continuing to work would negatively affect the fetus.

2. In cases of temporary suspension of the labor contract, the duration of the suspension shall be agreed upon by the employee and the employer, but must be at least equal to the period of temporary rest prescribed by a competent medical facility. If there is no prescription from a competent medical facility regarding the duration of temporary rest, the two parties shall agree on the duration of the temporary suspension of the labor contract.

Article 139. Maternity Leave

1. Female employees are entitled to 06 months of maternity leave before and after childbirth; the leave period before childbirth shall not exceed 02 months.

In the case of female workers giving birth to twins or more, starting from the second child onwards, the mother is entitled to an additional month of leave for each child.

2. During maternity leave, female employees are entitled to maternity benefits as prescribed by the law on social insurance.

3. After the maternity leave period stipulated in Clause 1 of this Article has ended, if needed, female employees may take additional unpaid leave after reaching an agreement with their employer.

4. Before the end of the maternity leave period as stipulated in Clause 1 of this Article, female employees may return to work after having taken at least 04 months of leave, but they must give prior notice, obtain the employer's consent, and have confirmation from an authorized medical facility that returning to work early will not harm their health. In this case, in addition to the wages for the working days paid by the employer, the female employee will continue to receive maternity benefits as prescribed by the law on social insurance.

5. Male employees whose wives give birth, employees who adopt children under 06 months old, female employees who act as surrogate mothers, and employees who are mothers who use surrogate mothers are entitled to maternity leave benefits as prescribed by the law on social insurance.

Article 140. Guaranteeing employment for employees on maternity leave.

Employees are guaranteed their previous job upon returning to work after taking leave as stipulated in Clauses 1, 3, and 5 of Article 139 of this Code, without any reduction in salary or benefits compared to before maternity leave; if the previous job is no longer available, the employer must arrange another job for them with a salary no lower than the salary before maternity leave.

Article 141. Allowances during the period of caring for sick children, maternity leave, and the implementation of contraceptive measures.

During periods of leave for caring for sick children under 07 years old, prenatal checkups, miscarriage, abortion, stillbirth, therapeutic abortion, or undergoing contraceptive or sterilization procedures, employees are entitled to benefits as prescribed by social insurance laws.

Article 142. Occupations and jobs that negatively affect reproductive and child-rearing functions.

1. The Minister of Labour, Invalids and Social Affairs issues a list of occupations and jobs that negatively affect reproductive and child-rearing functions.

2. Employers must provide employees with complete information about the hazardous nature, risks, and requirements of the job so that they can make informed choices, and must ensure safe and hygienic working conditions for employees in accordance with regulations when employing them in jobs listed in Clause 1 of this Article.

Chapter 11

SPECIFIC REGULATIONS FOR MINORS AND CERTAIN OTHER WORKERS

Section 1. MINORA WORKERS

Article 143. Child labor

1. Child labor refers to workers who are under 18 years of age.

2. Persons aged 15 to under 18 years old are not permitted to perform the work or work in the workplaces specified in Article 147 of this Code.

3. Persons aged 13 to under 15 years old are only permitted to perform light work as specified in the list issued by the Minister of Labour, Invalids and Social Affairs.

4. Persons under the age of 13 are only permitted to perform the work stipulated in Clause 3, Article 145 of this Code.

Article 144. Principles for the employment of minors

1. Child laborers are only permitted to perform work that is suitable for their health to ensure their physical, intellectual, and personality development.

2. Employers who employ minors have a responsibility to care for and support them in all aspects of their work, health, and education during the employment period.

3. When employing minors, employers must obtain the consent of their parents or guardians; maintain a separate record book, fully documenting the minors' full names, dates of birth, current occupation, results of periodic health checks, and present it upon request by competent state authorities.

4. Employers must provide opportunities for underage workers to receive education, vocational training, and skills development.

Article 145. Employment of persons under 15 years of age.

1. When employing persons under the age of 15, employers must comply with the following regulations:

a) A written employment contract must be concluded with a person under 15 years of age and their legal representative;

b) Work hours should not interfere with the study time of those under 15 years of age;

c) A health certificate from an authorized medical facility confirming that the health of a person under 15 years of age is suitable for the job must be provided, and periodic health check-ups must be conducted at least once every six months;

d) Ensuring working conditions, safety, and hygiene appropriate to the age group.

2. Employers may only recruit and employ persons aged 13 to under 15 years old for light work as prescribed in Clause 3, Article 143 of this Code.

3. Employers are prohibited from employing and using persons under the age of 13, except for artistic, physical education, and sports work that does not harm the physical, intellectual, and personality development of persons under the age of 13, and with the consent of the specialized labor agency under the Provincial People's Committee.

4. The Minister of Labour, Invalids and Social Affairs shall provide detailed regulations for this Article.

Article 146. Working hours of minors

1. Working hours for persons under 15 years of age shall not exceed 4 hours per day and 20 hours per week; overtime work and night work are prohibited.

2. Working hours for individuals aged 15 to under 18 years old shall not exceed 8 hours per day and 40 hours per week. Individuals aged 15 to under 18 years old may work overtime and at night in certain occupations and jobs as listed in the catalog issued by the Minister of Labour, Invalids and Social Affairs.

Article 147. Jobs and workplaces where the employment of workers aged 15 to under 18 is prohibited.

1. It is prohibited to employ workers aged 15 to under 18 in the following jobs:

a) Carrying, lifting, or moving heavy objects that exceed the physical capacity of a minor;

b) Manufacturing or trading in alcohol, spirits, beer, tobacco, psychoactive substances, or other addictive substances;

c) Manufacturing, using, or transporting chemicals, gases, or explosives;

d) Maintenance and servicing of equipment and machinery;

d) Demolishing construction works;

e) Melting, blowing, casting, rolling, stamping, and welding metals;

g) Scuba diving, offshore fishing;

h) Other work that is detrimental to the physical, intellectual, and personality development of minors.

2. It is prohibited to employ workers aged 15 to under 18 in the following places:

a) Underwater, underground, in caves, in tunnels;

b) Construction site;

c) Livestock slaughterhouses;

d) Casinos, bars, nightclubs, karaoke rooms, hotels, guesthouses, saunas, massage parlors; lottery outlets, electronic game services;

d) Other workplaces that are detrimental to the physical, intellectual, and personality development of minors.

3. The Minister of Labour, Invalids and Social Affairs shall prescribe the list in point h, clause 1 and point d, clause 2 of this Article.

Section 2. ELDERLY WORKERS

Article 148. Elderly workers

1. Elderly workers are those who continue working after the age stipulated in Clause 2, Article 169 of this Code.

2. Elderly workers have the right to negotiate with their employers about shortening their daily working hours or adopting a part-time work arrangement.

3. The State encourages the employment of elderly workers in jobs suitable to their health to ensure their labor rights and the efficient use of human resources.

Article 149. Employment of elderly workers

1. When employing elderly workers, both parties may agree to enter into multiple fixed-term employment contracts.

2. When elderly workers who are receiving pensions under the Social Insurance Law are employed under a new labor contract, in addition to their existing pension benefits, they are entitled to wages and other benefits as stipulated by law and the labor contract.

3. Elderly workers must not be employed in strenuous, hazardous, or particularly strenuous or hazardous occupations or jobs that negatively affect their health, except in cases where safe working conditions are ensured.

4. Employers have a responsibility to care for the health of elderly workers in the workplace.

Section 3. Vietnamese workers going to work abroad, workers employed by foreign organizations and individuals in Vietnam, and foreign workers employed in Vietnam.

Article 150. Vietnamese workers going to work abroad, working for foreign organizations and individuals in Vietnam.

1. The State encourages businesses, agencies, organizations, and individuals to seek and expand labor markets to send Vietnamese workers to work abroad.

Vietnamese workers going to work abroad must comply with the regulations of Vietnamese law and the law of the host country, except in cases where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

2. Vietnamese citizens working for foreign organizations in Vietnam, in industrial zones, economic zones, export processing zones, high-tech zones, or working for foreign individuals in Vietnam must comply with Vietnamese law and are protected by law.

3. The Government shall regulate in detail the recruitment and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam.

Article 151. Conditions for foreign workers to work in Vietnam

1. Foreign workers working in Vietnam are those who are foreign nationals and must meet the following conditions:

a) Must be 18 years of age or older and have full legal capacity;

b) Possess professional, technical, vocational, and work experience; and have sufficient health as prescribed by the Minister of Health;

c) Not a person who is currently serving a sentence, has not had their criminal record expunged, or is being prosecuted under foreign law or Vietnamese law;

d) Possess a work permit issued by a competent state agency of Vietnam, except as stipulated in Article 154 of this Code.

2. The term of an employment contract for foreign workers in Vietnam must not exceed the term of their work permit. When employing foreign workers in Vietnam, both parties may agree to enter into multiple fixed-term employment contracts.

3. Foreign workers working in Vietnam must comply with Vietnamese labor laws and are protected by Vietnamese law, except in cases where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 152. Conditions for recruiting and employing foreign workers in Vietnam

1. Businesses, agencies, organizations, individuals, and contractors are only permitted to recruit foreign workers for management, executive, expert, and technical positions that Vietnamese workers cannot fill to meet production and business needs.

2. Before employing foreign workers in Vietnam, businesses, agencies, organizations, and individuals must explain their labor needs and obtain written approval from the competent state agency.

3. Before recruiting and employing foreign workers in Vietnam, contractors must specifically declare the job positions, professional and technical qualifications, work experience, and working time for which foreign workers are needed to execute the contract, and obtain written approval from the competent state agency.

Article 153. Responsibilities of employers and foreign workers

1. Foreign workers must present their work permits when requested by competent state authorities.

2. Foreign workers working in Vietnam without a work permit will be forced to leave the country or deported in accordance with the laws on entry, exit, transit, and residence of foreigners in Vietnam.

3. Employers who employ foreign workers without work permits will be subject to legal penalties.

Article 154. Foreign workers working in Vietnam are not subject to the requirement of obtaining a work permit.

1. Being the owner or contributing member of a limited liability company with a capital contribution value as stipulated by the Government.

2. Being the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value as stipulated by the Government.

3. Serving as the Head of a representative office, project, or being primarily responsible for the operations of an international organization or foreign non-governmental organization in Vietnam.

4. Entering Vietnam for a period of less than 03 months to offer services for sale.

5. Entering Vietnam for a period of less than 03 months to address complex technical or technological issues or situations that arise and affect or potentially affect production and business operations, which cannot be resolved by Vietnamese experts or foreign experts currently in Vietnam.

6. Being a foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.

7. In cases as stipulated by international treaties to which the Socialist Republic of Vietnam is a party.

8. Foreigners who marry Vietnamese citizens and reside in Vietnam.

9. Other cases as prescribed by the Government.

Article 155. Duration of work permit

The maximum validity period for a work permit is 02 years. In case of renewal, it can only be renewed once for a maximum period of 02 years.

Article 156. Cases where work permits expire.

1. The work permit has expired.

2. Termination of employment contract.

3. The content of the employment contract does not match the content of the issued work permit.

4. Working in a manner inconsistent with the terms of the issued work permit.

5. Contracts in the fields that form the basis for the expiration or termination of work permits.

6. There is a written notification from the foreign party terminating the employment of foreign workers in Vietnam.

7. Businesses, organizations, Vietnamese partners, or foreign organizations in Vietnam that employ foreign workers cease operations.

8. Work permit revoked.

Article 157. Issuance, re-issuance, extension, and revocation of work permits and certificates confirming exemption from work permit requirements.

The government regulates the conditions, procedures, and formalities for granting, re-granting, extending, and revoking work permits and certificates confirming exemption from work permit requirements for foreign workers working in Vietnam.

Section 4. WORKERS WITH DISABILITIES

Article 158. State policy towards workers with disabilities

The State protects the labor rights and self-employment opportunities of workers with disabilities; it has appropriate incentive and preferential policies for employers in creating jobs and employing workers with disabilities in accordance with the law on persons with disabilities.

Article 159. Employment of persons with disabilities

1. Employers must ensure appropriate working conditions, tools, occupational safety and hygiene, and organize regular health check-ups for employees with disabilities.

 2. Employers must consult with employees with disabilities when making decisions concerning their rights and interests.

Article 160. Prohibited acts when employing persons with disabilities.

1. Employing workers with mild disabilities (51% or more reduction in working capacity), severe disabilities, or exceptionally severe disabilities to work overtime or at night, except with the consent of the disabled worker.

2. Employing disabled workers in strenuous, hazardous, or dangerous jobs as listed in the catalog issued by the Minister of Labor, War Invalids and Social Affairs without the consent of the disabled person after the employer has provided them with full information about the job.

Section 5. DOMESTIC WORKERS

Article 161. Domestic workers

1. Domestic workers are those who regularly perform household chores for one or more families.

Domestic work includes housework, housekeeping, childcare, caring for the sick, caring for the elderly, driving, gardening, and other household tasks unrelated to commercial activities.

2. The government regulates the employment of domestic helpers.

Article 162. Labor contracts for domestic helpers.

1. Employers must enter into written employment contracts with domestic helpers.

2. The term of the employment contract for domestic helpers is determined by mutual agreement between both parties. Either party has the right to unilaterally terminate the employment contract at any time, but must give at least 15 days' notice.

3. Both parties agree in the employment contract on the form of wage payment, payment schedule, daily working hours, and accommodation.

Article 163. Obligations of the employer when employing domestic helpers.

1. Fully fulfill all agreements concluded in the employment contract.

2. Pay domestic helpers the social insurance and health insurance contributions as required by law, so that employees can proactively participate in social insurance and health insurance.

3. Respect the honor and dignity of domestic helpers.

4. Provide hygienic living and eating facilities for domestic helpers if agreed upon.

5. Create opportunities for domestic helpers to participate in cultural education and vocational training.

6. Pay for transportation costs when the domestic helper leaves their job and returns to their place of residence, except in cases where the domestic helper terminates the employment contract before the agreed-upon date.

Article 164. Obligations of domestic helpers

1. Fully fulfill all agreements concluded in the employment contract.

2. Compensation must be provided, either by agreement or by law, if the employer's property is damaged or lost.

3. Promptly inform your employer about any potential accidents or risks that threaten the safety, health, life, or property of the employer's family and yourself.

4. Report to the competent authorities if the employer engages in abusive behavior, sexual harassment, forced labor, or other illegal acts.

Article 165. Prohibited acts for employers

1. Abuse, sexual harassment, forced labor, and the use of violence against domestic workers.

2. Assigning tasks to domestic helpers without an employment contract.

3. Keep the employee's identification documents.

Section 6. SOME OTHER WORKERS

Article 166. Workers employed in the fields of arts, physical education, sports, maritime, and aviation.

Workers in the arts, physical education, sports, maritime, and aviation sectors are subject to appropriate regulations regarding training, professional development, skill enhancement; labor contracts; wages and bonuses; working hours and rest periods; and occupational safety and health, as prescribed by the Government.

Article 167. Workers who take on work to do at home.

Workers can agree with their employers to take work home.

Chapter 10

SOCIAL INSURANCE, HEALTH INSURANCE, UNEMPLOYMENT INSURANCE

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

1. Employers and employees must participate in compulsory social insurance, health insurance, and unemployment insurance; employees are entitled to benefits as prescribed by law on social insurance, health insurance, and unemployment insurance.

Employers and employees are encouraged to participate in other forms of insurance for workers.

2. During the period when an employee is on leave receiving social insurance benefits, the employer is not required to pay the employee's salary, unless otherwise agreed upon by both parties.

3. For employees who are not subject to mandatory social insurance, health insurance, and unemployment insurance, the employer is responsible for paying an additional amount to the employee simultaneously with each salary payment, equivalent to the employer's contribution to mandatory social insurance, health insurance, and unemployment insurance for the employee as stipulated by the law on social insurance, health insurance, and unemployment insurance.

Article 169. Retirement Age

1. Workers who meet the requirements regarding the duration of social insurance contributions as stipulated by the law on social insurance are entitled to a pension upon reaching retirement age.

2. The retirement age for workers under normal working conditions will be adjusted gradually until it reaches 62 years old for male workers in 2028 and 60 years old for female workers in 2035.

Since 2021, the retirement age for workers under normal working conditions is 60 years and 03 months for men and 55 years and 04 months for women; thereafter, it increases by 03 months each year for men and 04 months each year for women.

3. Workers with reduced working capacity; those engaged in particularly arduous, hazardous, or dangerous occupations; those engaged in arduous, hazardous, or dangerous occupations; or those working in areas with particularly difficult socio-economic conditions may retire at an age lower than, but not more than 05 years younger than, the age stipulated in Clause 2 of this Article at the time of retirement, unless otherwise provided by law.

4. Highly skilled and technically qualified workers, and in certain special cases, may retire at an older age, but not more than 05 years older than the age stipulated in Clause 2 of this Article at the time of retirement, unless otherwise provided by law.

5. The Government shall detail this Article.

Chapter XIII

ORGANIZATIONS REPRESENTING WORKERS AT THE GRASSROOTS LEVEL

Article 170. Right to establish, join, and participate in the activities of employee representative organizations at the workplace.

1. Workers have the right to establish, join, and operate trade unions in accordance with the provisions of the Trade Union Law.

2. Employees in enterprises have the right to establish, join, and participate in the activities of employee organizations within the enterprise in accordance with the provisions of Articles 172, 173, and 174 of this Code.

3. The organizations representing workers as stipulated in Clauses 1 and 2 of this Article are equal in rights and obligations in representing and protecting the legitimate rights and interests of workers in labor relations.

Article 171. Grassroots trade unions belong to the Vietnam Trade Union organizational system.

1. Grassroots trade unions, part of the Vietnamese trade union system, are established in agencies, organizations, units, and enterprises.

2. The establishment, dissolution, organization, and operation of grassroots trade unions shall be carried out in accordance with the provisions of the Trade Union Law.

Article 172. Establishment and joining of workers' organizations in enterprises

1. Workers' organizations within enterprises are legally established and operate only after registration is granted by the competent state authority.

Workers' organizations within enterprises must ensure compliance with the Constitution, laws, and regulations; and operate on a voluntary, self-governing, democratic, and transparent basis.

2. A workers' organization at an enterprise shall have its registration revoked if it violates the principles and objectives of the organization as stipulated in point b, clause 1, Article 174 of this Code, or if the workers' organization at the enterprise ceases to exist in the case of division, separation, merger, consolidation, dissolution, or the enterprise is dissolved or goes bankrupt.

3. In cases where a workers' organization at an enterprise joins the Vietnam Trade Union, the provisions of the Trade Union Law shall apply.

4. The Government shall regulate the dossiers, procedures, and formalities for registration; the authority and procedures for granting and revoking registration; state management of the finances and assets of employee organizations in enterprises; the division, separation, merger, consolidation, dissolution, and association rights of employee organizations in enterprises.

Article 173. Management and members of workers' organizations in enterprises

1. At the time of registration, the workers' organization at the enterprise must have a minimum number of members who are employees working at the enterprise, as stipulated by the Government.

2. The management board is elected by members of the workers' organization at the enterprise. Members of the management board are Vietnamese workers currently employed at the enterprise; they must not be currently under criminal investigation, serving a sentence, or have not yet had their criminal record expunged for crimes against national security, crimes against human rights, the freedom and democracy of citizens, or crimes against property as stipulated in the Penal Code.

Article 174. Regulations on the organization of workers in enterprises

1. The regulations governing the organization of workers in an enterprise must include the following main contents:

a) Name and address of the organization; logo (if any);

b) The guiding principles, objectives, and scope of activities are to protect the legitimate rights and interests of its members in labor relations within the enterprise; to work with employers to resolve issues related to the rights, obligations, and interests of both employees and employers; and to build progressive, harmonious, and stable labor relations.

c) Conditions and procedures for employees to join and leave the organization within the enterprise.

Within a company's employee organization, there cannot simultaneously be members who are ordinary employees and members who are employees directly involved in decision-making processes related to working conditions, recruitment, labor discipline, termination of employment contracts, or transfer of employees to other jobs;

d) Organizational structure, term of office, and representative of the organization;

d) Principles of organization and operation;

e) The organizational decision-making process.

Matters that must be decided by a majority vote of members include: approving, amending, and supplementing the organization's charter; electing and dismissing the head and members of the leadership board of the organization; dividing, separating, merging, consolidating, renaming, dissolving, and linking organizations; and joining the Vietnam Trade Union.

g) Membership fees, assets, finances, and the management and use of the organization's assets and finances.

The financial income and expenditure of the workers' organization at the enterprise must be monitored, recorded, and periodically disclosed annually to the members of the organization;

h) To propose and resolve proposals from members within the organization.

2. The Government shall detail this Article.

Article 175. Prohibited acts for employers relating to the establishment, membership, and operation of employee representative organizations at the workplace.

1. Discrimination against workers or members of the leadership of workers' representative organizations at the workplace for reasons related to the establishment, membership, or operation of the workers' representative organization, including:

a) Requesting to join, not join, or leave a workers' representative organization at the workplace in order to be recruited, enter into, or renew a labor contract;

b) Dismissal, disciplinary action, unilateral termination of employment contract, failure to continue or renew employment contract, transfer of employee to other work;

c) Discrimination in terms of wages, working hours, and other rights and obligations in labor relations;

d) Obstructing or creating difficulties related to work in order to weaken the activities of the workers' representative organization at the workplace.

2. Interfering with or manipulating the process of establishing, electing, planning work, and organizing the implementation of activities of workers' representative organizations at the workplace, including providing financial support or other economic measures to neutralize or weaken the performance of the representative functions of workers' representative organizations at the workplace or to discriminate between workers' representative organizations at the workplace.

Article 176. Rights of members of the leadership board of the employee representative organization at the workplace.

1. Members of the leadership board of the employee representative organization at the workplace have the following rights:

a) Accessing workers at the workplace during the performance of duties by the workers' representative organization at the workplace. The exercise of this right must ensure that it does not affect the normal operations of the employer;

b) Approaching employers to carry out the representative tasks of the workers' representative organization at the workplace;

c) To use working time as prescribed in Clauses 2 and 3 of this Article to perform the work of the employee representative organization at the workplace while still receiving salary from the employer;

d) To be entitled to other guarantees in labor relations and in the performance of their representative functions as prescribed by law.

2. The government shall prescribe the minimum time that employers must allocate to all members of the leadership board of the employee representative organization at the workplace to perform the organization's duties, based on the number of members of the organization.

3. The employee representative organization at the workplace and the employer shall agree on additional working hours beyond the minimum hours stipulated in Clause 2 of this Article and the method of utilizing the working time of the members of the leadership board of the employee representative organization at the workplace in accordance with actual conditions.

Article 177. Obligations of the employer towards the employee representative organization at the workplace.

1. Workers must not be obstructed or hindered from carrying out lawful activities aimed at establishing, joining, and participating in the activities of workers' representative organizations at the workplace.

2. Recognize and respect the rights of legally established employee representative organizations at the workplace.

3. A written agreement must be reached with the leadership of the employee representative organization at the workplace when unilaterally terminating an employment contract, transferring to another job, or dismissing an employee who is a member of the leadership of the employee representative organization at the workplace. If an agreement cannot be reached, both parties must report to the specialized labor agency under the Provincial People's Committee. The employer has the right to make a decision only 30 days after notifying the specialized labor agency under the Provincial People's Committee. If the employee and the leadership of the employee representative organization at the workplace disagree with the employer's decision, they have the right to request labor dispute resolution according to the procedures prescribed by law.

4. The employment contract for employees who are members of the leadership board of the employee representative organization at the workplace and whose current term of office is expiring must be extended until the end of their term.

5. Other obligations as prescribed by law.

Article 178. Rights and obligations of employee representative organizations at the workplace in labor relations.

1. Collective bargaining with employers as prescribed by this Code.

2. Workplace dialogue as prescribed by this Code.

3. To be consulted in the development and supervision of the implementation of salary scales, wage tables, labor standards, wage payment regulations, bonus regulations, labor regulations, and issues related to the rights and interests of its employees.

4. Representing employees in resolving individual labor complaints and disputes when authorized by the employee.

5. Organize and lead strikes in accordance with the provisions of this Code.

6. Receiving technical support from agencies and organizations legally registered in Vietnam to understand labor laws; the procedures for establishing employee representative organizations and conducting representative activities in labor relations after registration.

7. To be provided with a workplace by the employer and to be given information and ensured the necessary conditions for the operation of the employee representative organization at the workplace.

8. Other rights and obligations as prescribed by law.

Chapter XIV

RESOLVING LABOR DISPUTES

Section 1. GENERAL PROVISIONS ON RESOLUTION OF LABOR DISPUTES

Article 179. Labor disputes

1. Labor disputes are disputes concerning rights, obligations, and interests arising between parties during the establishment, implementation, or termination of labor relations; disputes between labor representative organizations; and disputes arising from relationships directly related to labor relations. Types of labor disputes include:

a) Individual labor disputes between employees and employers; between employees and enterprises or organizations that send employees to work abroad under contract; between leased employees and their employers;

b) Collective labor disputes concerning rights or interests between one or more employee representative organizations and the employer or one or more organizations of the employer.

2. Collective labor disputes concerning rights are disputes between one or more organizations representing workers and the employer or one or more organizations of the employer arising in the following cases:

a) There are differences in understanding and implementing the provisions of collective labor agreements, internal labor regulations, rules, and other legally valid agreements;

b) There are differences in the understanding and implementation of labor law regulations;

c) When the employer discriminates against employees or members of the leadership of a workers' representative organization for reasons related to the establishment, membership, or operation of the workers' representative organization; interferes with or manipulates the workers' representative organization; or violates the obligation to negotiate in good faith.

3. Collective labor disputes concerning interests include:

a) Labor disputes arising during collective bargaining;

b) When one party refuses to negotiate or fails to conduct negotiations within the time limit prescribed by law.

Article 180. Principles for resolving labor disputes

1. Respect the right of self-determination of the parties through negotiation throughout the process of resolving labor disputes.

2. Prioritize resolving labor disputes through mediation and arbitration based on respect for the rights and interests of both parties involved, respect for the common good of society, and compliance with the law.

3. Openness, transparency, objectivity, timeliness, speed, and compliance with the law.

4. Ensure the participation of representatives from all parties in the labor dispute resolution process.

5. Labor disputes shall be resolved by competent agencies, organizations, or individuals after a request from the disputing parties or at the suggestion of competent agencies, organizations, or individuals, and with the consent of the disputing parties.

Article 181. Responsibilities of agencies and organizations in resolving labor disputes

1. State labor management agencies are responsible for coordinating with employee representative organizations and employer representative organizations to guide, support, and assist the parties in resolving labor disputes.

2. The Ministry of Labour, Invalids and Social Affairs shall organize training to improve the professional capacity of labor mediators and labor arbitrators in resolving labor disputes.

3. Upon request, the specialized labor agency under the People's Committee shall be the focal point for receiving requests for labor dispute resolution and shall be responsible for classifying, guiding, supporting, and assisting the parties in resolving labor disputes.

Within 05 working days, the agency receiving the labor dispute resolution request is responsible for forwarding the request to the labor conciliator in cases where labor conciliation is mandatory, forwarding it to the Arbitration Council in cases where the Arbitration Council is requested to resolve the dispute, or guiding the request to be sent to the Court for resolution.

Article 182. Rights and obligations of both parties in resolving labor disputes

1. In resolving labor disputes, the parties have the following rights:

a) To participate in the resolution process directly or through a representative;

b) Withdraw the request or change the content of the request;

c) Request a change of the person conducting the labor dispute resolution if there is reason to believe that person may not be impartial or objective.

2. In resolving labor disputes, the parties have the following obligations:

a) Provide complete and timely documentation and evidence to substantiate your claim;

b) Comply with agreements reached, decisions of the labor arbitration panel, and judgments and decisions of the Court that have become legally effective.

Article 183. Rights of competent agencies, organizations, and individuals to resolve labor disputes

Agencies, organizations, and individuals authorized to resolve labor disputes, within the scope of their duties and powers, have the right to request the disputing parties and relevant agencies, organizations, and individuals to provide documents and evidence, commission expert opinions, and invite witnesses and relevant persons.

Article 184. Labor conciliators

1. Labor mediators are individuals appointed by the Chairman of the Provincial People's Committee to mediate labor disputes, disputes concerning vocational training contracts, and to support the development of labor relations.

2. The Government shall prescribe the standards, procedures for appointment, operating regime, conditions, and management of labor mediators; and the authority, procedures, and process for appointing labor mediators.

Article 185. Labor Arbitration Council

1. The Chairman of the Provincial People's Committee shall decide on the establishment of the Labor Arbitration Council, and appoint the Chairman, Secretary, and labor arbitrators of the Labor Arbitration Council. The term of office of the Labor Arbitration Council is 05 years.

2. The number of labor arbitrators in the Labor Arbitration Council is decided by the Chairman of the Provincial People's Committee, and must be at least 15, including an equal number nominated by the parties, specifically as follows:

a) A minimum of 05 members nominated by the specialized labor agency under the Provincial People's Committee, including the Chairman of the Council who is a representative of the leadership and the Secretary of the Council who is a civil servant of the specialized labor agency under the Provincial People's Committee;

b) A minimum of 05 members nominated by the provincial trade union;

c) A minimum of 05 members nominated by mutual agreement of employer representative organizations in the province.

3. The standards and working conditions for labor arbitrators are stipulated as follows:

a) Labor arbitrators are individuals who are knowledgeable in the law, experienced in the field of labor relations, reputable, and impartial;

b) When nominating labor arbitrators as prescribed in Clause 2 of this Article, the specialized labor agency under the Provincial People's Committee, the provincial trade union, or the representative organization of employers may nominate a person from their own agency or organization, or nominate another person who fully meets the standards for labor arbitrators as prescribed;

c) The Secretary of the Labor Arbitration Council performs the permanent duties of the Labor Arbitration Council. Labor arbitrators work on a full-time or part-time basis.

4. When a labor dispute resolution request arises in accordance with Articles 189, 193, and 197 of this Code, the Labor Arbitration Council shall decide to establish a Labor Arbitration Panel to resolve the dispute as follows:

a) Each party to the dispute shall select one arbitrator from the list of labor arbitrators;

b) The labor arbitrators selected by the parties in accordance with point a of this clause shall unanimously choose another labor arbitrator to serve as the Head of the Labor Arbitration Committee;

c) If the disputing parties jointly select the same arbitrator to resolve the labor dispute, the labor arbitration panel shall consist of only one selected labor arbitrator.

5. Labor arbitration panels operate on the principle of collective decision-making and make decisions by majority vote, except as stipulated in point c, clause 4 of this Article.

6. The Government shall provide detailed regulations on the standards, conditions, procedures for appointment and dismissal, and the operating regime and conditions of labor arbitrators and the Labor Arbitration Council; the organization and operation of the Labor Arbitration Council; and the establishment and operation of the Labor Arbitration Board as stipulated in this Article.

Article 186. Prohibition of unilateral action while a labor dispute is being resolved.

While a labor dispute is being resolved by a competent authority, organization, or individual within the time limit prescribed by this Code, neither party may take unilateral action against the other.

Section 2. JURISDICTION AND PROCEDURE FOR RESOLVING INDIVIDUAL LABOR DISPUTES

Article 187. Jurisdiction for resolving individual labor disputes

The agencies, organizations, and individuals authorized to resolve individual labor disputes include:

1. Labor mediator;

2. Labor Arbitration Council;

3. People's Court.

Article 188. Procedures for mediating individual labor disputes by labor mediators.

1. Individual labor disputes must be resolved through the mediation procedure of a labor mediator before requesting a labor arbitration council or court to resolve them, except for the following labor disputes which are not required to go through the mediation procedure:

a) Regarding disciplinary action in the form of dismissal or unilateral termination of employment contracts;

b) Regarding compensation for damages and severance pay upon termination of employment contracts;

c) Between domestic helpers and employers;

d) Regarding social insurance as prescribed by the law on social insurance, health insurance as prescribed by the law on health insurance, unemployment insurance as prescribed by the law on employment, and occupational accident and disease insurance as prescribed by the law on occupational safety and hygiene;

d) Regarding compensation for damages between workers and enterprises or organizations that send workers abroad under contract;

e) Between leased workers and leased workers by their employers.

2. Within 05 working days from the date the labor conciliator receives a request from the party requesting dispute resolution or from the agency specified in Clause 3, Article 181 of this Code, the labor conciliator must conclude the conciliation process.

3. Both parties to the dispute must be present at the conciliation meeting. The parties may authorize another person to attend the conciliation meeting on their behalf.

4. Labor mediators are responsible for guiding and assisting the parties in negotiating to resolve disputes.

If the parties reach an agreement, the labor mediator will draw up a conciliation agreement. This agreement must be signed by both the disputing parties and the labor mediator.

If the parties cannot reach an agreement, the labor mediator will propose a mediation plan for their consideration. If the parties accept the mediation plan, the labor mediator will draw up a successful mediation record. This record must be signed by the disputing parties and the labor mediator.

If the conciliation proposal is not accepted, or if a party to the dispute is duly summoned for the second time but is still absent without a valid reason, the labor conciliator shall draw up a record of unsuccessful conciliation. The record of unsuccessful conciliation must be signed by the present party to the dispute and the labor conciliator.

5. Copies of the minutes of successful or unsuccessful mediation must be sent to the disputing parties within one working day from the date the minutes were drawn up.

6. If one of the parties fails to fulfill the agreements in the conciliation record, the other party has the right to request the Labor Arbitration Council or the Court to resolve the dispute.

7. In cases where the conciliation procedure stipulated in Clause 1 of this Article is not mandatory, or where the conciliation period stipulated in Clause 2 of this Article has expired without the labor conciliator conducting conciliation, or where conciliation fails as stipulated in Clause 4 of this Article, the disputing parties have the right to choose one of the following methods to resolve the dispute:

a) Request the Labor Arbitration Council to resolve the dispute in accordance with Article 189 of this Code;

b) Request the court to resolve the matter.

Article 189. Resolution of individual labor disputes by the Labor Arbitration Council

1. Based on mutual agreement, the disputing parties have the right to request the Labor Arbitration Council to resolve the dispute in the cases stipulated in Clause 7, Article 188 of this Code. When requesting the Labor Arbitration Council to resolve a dispute, the parties may not simultaneously request the Court to resolve the dispute, except as stipulated in Clause 4 of this Article.

2. Within 07 working days from the date of receiving the request for dispute resolution as stipulated in Clause 1 of this Article, a labor arbitration panel must be established to resolve the dispute.

3. Within 30 days of the establishment of the Labor Arbitration Board, the Labor Arbitration Board must issue a decision on the settlement of the dispute and send it to the disputing parties.

4. If, after the time limit stipulated in Clause 2 of this Article, the Labor Arbitration Board is not established, or after the time limit stipulated in Clause 3 of this Article, the Labor Arbitration Board does not issue a decision resolving the dispute, the parties have the right to request the Court to resolve the dispute.

5. If one of the parties fails to comply with the dispute resolution decision of the Labor Arbitration Board, the parties have the right to request the Court to resolve the dispute.

Article 190. Statute of limitations for requesting resolution of individual labor disputes

1. The statute of limitations for requesting a labor mediator to mediate individual labor disputes is six months from the date of discovery of the act that the disputing party believes violated their legitimate rights and interests.

2. The statute of limitations for requesting a labor arbitration council to resolve individual labor disputes is 09 months from the date of discovery of the act that the disputing party believes violates their legitimate rights and interests.

3. The statute of limitations for requesting a court to resolve individual labor disputes is one year from the date of discovery of the act that the disputing party believes violated their legitimate rights and interests.

4. If the claimant can prove that due to force majeure, objective obstacles, or other reasons as prescribed by law, they were unable to make the claim within the time limit stipulated in this Article, then the period during which the force majeure, objective obstacles, or other reasons occurred shall not be counted towards the statute of limitations for claiming individual labor dispute resolution.

Section 3. JURISDICTION AND PROCEDURE FOR RESOLVING COLLECTIVE LABOR DISPUTES CONCERNING RIGHTS

Article 191. Jurisdiction to resolve collective labor disputes concerning rights

1. The agencies, organizations, and individuals authorized to resolve collective labor disputes concerning rights include:

a) Labor mediator;

b) Labor arbitration council;

c) People's Court.

2. Collective labor disputes concerning rights must be resolved through the conciliation procedure of a labor conciliator before requesting a labor arbitration council or court to resolve them.

Article 192. Procedures for resolving collective labor disputes concerning rights

1. The procedures for mediating collective labor disputes concerning rights shall be carried out in accordance with the provisions of Clauses 2, 3, 4, 5 and 6 of Article 188 of this Code.

For disputes stipulated in points b and c of Clause 2, Article 179 of this Code, if a violation of the law is identified, the labor mediator shall draw up a report and forward the file and documents to the competent authority for consideration and handling in accordance with the law.

2. In the event that conciliation fails or the conciliation period stipulated in Clause 2, Article 188 of this Code expires without the labor conciliator conducting conciliation, the disputing parties have the right to choose one of the following methods to resolve the dispute:

a) Request the Labor Arbitration Council to resolve the dispute in accordance with Article 193 of this Code;

b) Request the court to resolve the matter.

Article 193. Resolution of collective labor disputes concerning the rights of the Labor Arbitration Council

1. Based on mutual agreement, the disputing parties have the right to request the Labor Arbitration Council to resolve the dispute in cases where conciliation fails or the conciliation period stipulated in Clause 2, Article 188 of this Code expires without the labor conciliator conducting conciliation, or one of the parties fails to implement the agreement in the successful conciliation record.

2. Within 07 working days from the date of receiving the request for dispute resolution as stipulated in Clause 1 of this Article, a labor arbitration panel must be established to resolve the dispute.

3. Within 30 days of its establishment, based on the provisions of labor law, collective labor agreements, registered internal labor regulations, and other legitimate regulations and agreements, the Arbitration Panel must issue a decision on the settlement of the dispute and send it to the disputing parties.

For disputes stipulated in points b and c of Clause 2, Article 179 of this Code, if a violation of the law is determined, the Labor Arbitration Board shall not issue a resolution decision but shall draw up a record and transfer the file and documents to the competent authority for consideration and handling in accordance with the law.

4. If the parties choose to resolve the dispute through a labor arbitration council as stipulated in this Article, then while the labor arbitration council is in the process of resolving the dispute, the parties may not simultaneously request the Court to resolve the dispute.

5. If, after the time limit stipulated in Clause 2 of this Article, the Labor Arbitration Board is not established, or after the time limit stipulated in Clause 3 of this Article, the Labor Arbitration Board does not issue a decision resolving the dispute, the parties have the right to request the Court to resolve the dispute.

6. If one of the parties fails to comply with the dispute resolution decision of the Labor Arbitration Board, the parties have the right to request the Court to resolve the dispute.

Article 194. Statute of limitations for requesting resolution of collective labor disputes concerning rights.

1. The statute of limitations for requesting a labor mediator to mediate a collective labor dispute concerning rights is 06 months from the date of discovery of the act that the disputing party believes violated their legitimate rights.

2. The statute of limitations for requesting a labor arbitration council to resolve a collective labor dispute concerning rights is 09 months from the date of discovery of the act that the disputing party believes violated their legitimate rights.

3. The statute of limitations for requesting a court to resolve a collective labor dispute concerning rights is one year from the date of discovery of the act that the disputing party believes violated their legitimate rights.

Section 4. JURISDICTION AND PROCEDURE FOR RESOLVING COLLECTIVE LABOR DISPUTES CONCERNING INTERESTS

Article 195. Jurisdiction to resolve collective labor disputes concerning interests

1. Organizations and individuals authorized to resolve collective labor disputes concerning interests include:

a) Labor mediator;

b) Labor Arbitration Council.

2. Collective labor disputes concerning interests must be resolved through the conciliation procedure of a labor conciliator before requesting the Labor Arbitration Council to resolve them or initiating strike proceedings.

Article 196. Procedures for resolving collective labor disputes concerning interests.

1. The procedures for mediating collective labor disputes concerning interests shall be carried out in accordance with the provisions of Clauses 2, 3, 4, and 5 of Article 188 of this Code.

2. In the event of a successful mediation, the mediation record must fully include the content of the agreement reached by the parties, and be signed by the disputing parties and the labor mediator. The mediation record has the same legal validity as the enterprise's collective labor agreement.

3. If conciliation fails or the conciliation period stipulated in Clause 2, Article 188 of this Code expires without the labor conciliator conducting conciliation, or if one of the parties fails to implement the agreement in the conciliation record, the disputing parties have the right to choose one of the following methods to resolve the dispute:

a) Request the Labor Arbitration Council to resolve the dispute in accordance with Article 197 of this Code;

b) Workers' representative organizations have the right to initiate the procedures stipulated in Articles 200, 201, and 202 of this Code to initiate strikes.

Article 197. Resolution of collective labor disputes concerning interests by the Labor Arbitration Council

1. Based on mutual agreement, the disputing parties have the right to request the Labor Arbitration Council to resolve the dispute in cases where conciliation fails or the conciliation period stipulated in Clause 2, Article 188 of this Code expires without the labor conciliator conducting conciliation, or one of the parties fails to implement the agreement in the successful conciliation record.

2. Within 07 working days from the date of receiving the request for dispute resolution as stipulated in Clause 1 of this Article, a labor arbitration panel must be established to resolve the dispute.

3. Within 30 days of its establishment, based on the provisions of labor law, collective labor agreements, registered labor regulations, and other legitimate regulations and agreements, the Labor Arbitration Board must issue a decision on the settlement of the dispute and send it to the disputing parties.

4. When the parties choose to resolve disputes through a labor arbitration council as stipulated in this Article, the employee representative organization shall not conduct strikes while the labor arbitration council is in the process of resolving the dispute.

If, after the deadline stipulated in Clause 2 of this Article, the Labor Arbitration Board is not established, or after the deadline stipulated in Clause 3 of this Article, the Arbitration Board does not issue a decision resolving the dispute, or the employer, as the disputing party, does not implement the dispute resolution decision of the Labor Arbitration Board, the employee representative organization, as the disputing party, has the right to initiate the procedures stipulated in Articles 200, 201, and 202 of this Code to go on strike.

Section 5. STRIKES

Article 198. Strikes

A strike is a temporary, voluntary, and organized cessation of work by employees to achieve their demands in the process of resolving labor disputes, and is organized and led by a labor representative organization with the right to collective bargaining, which is one of the parties to the collective labor dispute.

Article 199. Cases where employees have the right to strike.

The organization representing workers, as a party to a collective labor dispute concerning interests, has the right to initiate the procedures stipulated in Articles 200, 201, and 202 of this Code to go on strike in the following cases:

1. If conciliation fails or the conciliation period stipulated in Clause 2, Article 188 of this Code expires without the labor conciliator conducting conciliation;

2. The labor arbitration panel is not established, or is established but fails to issue a decision resolving the dispute, or the employer, as a party to the dispute, fails to implement the dispute resolution decision of the labor arbitration panel.

Article 200. Strike Procedure

1. Obtain opinions on strikes in accordance with Article 201 of this Code.

2. Making a decision to strike and giving notice of strike in accordance with Article 202 of this Code.

3. Go on strike.

Article 201. Consulting on strikes

1. Before conducting a strike, the labor representative organization with the right to organize and lead a strike as stipulated in Article 198 of this Code is responsible for obtaining the opinions of all workers or members of the leadership of the labor representative organizations participating in negotiations.

2. The content for which feedback is being sought includes:

a) Do you agree or disagree with the strike?

b) The proposal of the employee representative organization regarding the provisions in points b, c, and d of Clause 2, Article 202 of this Code.

3. Opinions are gathered directly through ballots, signatures, or other methods.

4. The time, location, and method of conducting the consultation on the strike shall be decided by the employee representative organization and must be notified to the employer at least one day in advance. The consultation process must not affect the normal production and business operations of the employer. The employer shall not create difficulties, obstacles, or interfere with the process by which the employee representative organization conducts the consultation on the strike.

Article 202. Decision to strike and notification of the start time of the strike.

1. When more than 50% of those consulted agree with the content of the strike consultation as stipulated in Clause 2, Article 201 of this Code, the labor representative organization shall issue a written decision to strike.

2. The decision to strike must include the following:

a) Results of the strike opinion poll;

b) The time and location of the strike;

c) Scope of the strike;

d) Employee requirements;

d) Full name and contact address of the representative of the workers' organization organizing and leading the strike.

3. At least five working days before the start of the strike, the labor representative organization organizing and leading the strike must send a written notice of the strike decision to the employer, the district People's Committee, and the specialized labor agency under the provincial People's Committee.

4. If, at the time a strike begins, the employer still refuses to resolve the workers' demands, the workers' representative organization will organize and lead the strike.

Article 203. Rights of the parties before and during a strike

1. Continue negotiations to resolve the content of collective labor disputes or jointly request a labor mediator or labor arbitration council to conduct mediation and resolve the labor dispute.

2. Workers' representative organizations that have the right to organize and lead strikes as stipulated in Article 198 of this Code have the following rights:

a) Withdraw the strike order if the strike has not yet begun, or terminate the strike if it is in progress;

(b) Request the court to declare the strike legal.

3. Employers have the following rights:

a) Accept all or part of the demands and notify in writing the labor representative organization that is organizing and leading the strike;

b) Temporarily closing the workplace during a strike due to insufficient conditions to maintain normal operations or to protect property;

c) Request the court to declare the strike illegal.

Article 204. Cases of illegal strikes

1. Not subject to the circumstances permitted for strikes as stipulated in Article 199 of this Code.

2. No labor representative organization has the right to organize and lead a strike.

3. Violating the regulations on the procedures for conducting strikes as stipulated in this Code.

4. When a collective labor dispute is being resolved by a competent agency, organization, or individual in accordance with the provisions of this Code.

5. Conducting strikes in cases where strikes are prohibited under Article 209 of this Code.

6. When a decision to postpone or stop a strike has been made by the competent authority as stipulated in Article 210 of this Code.

Article 205. Notification of the decision to temporarily close the workplace.

At least three working days before the temporary closure of the workplace, the employer must publicly post the decision to temporarily close the workplace at the workplace and notify the following agencies and organizations:

1. The workers' representative organization is organizing and leading the strike;

2. The provincial People's Committee has a workplace that is expected to close;

3. The People's Committee at the district level has a workplace that is expected to close.

Article 206. Cases where temporary closure of the workplace is prohibited.

1. At least 12 hours before the start time of the strike as stated in the strike decision.

2. After the workers stop striking.

Article 207. Wages and other legitimate rights of workers during a strike.

1. Workers who do not participate in the strike but have to stop working due to the strike are entitled to receive wages for the period of work stoppage as stipulated in Clause 2, Article 99 of this Code, and other benefits as prescribed by labor law.

2. Workers participating in a strike will not be paid wages or receive other benefits as stipulated by law, unless otherwise agreed upon by the parties.

Article 208. Prohibited acts before, during, and after a strike.

1. Obstructing the exercise of the right to strike or inciting, luring, or coercing workers to strike; preventing workers who are not participating in the strike from going to work.

2. Using violence; destroying machinery, equipment, or property belonging to the employer.

3. Violating public order and safety.

4. Terminate employment contracts or impose disciplinary measures on workers or strike leaders, or reassign workers or strike leaders to other jobs or locations for reasons related to preparing for or participating in a strike.

5. Retaliating against and oppressing striking workers and strike leaders.

6. Exploiting strikes to commit illegal acts.

Article 209. Strikes are prohibited at workplaces.

1. Strikes are prohibited in workplaces where the strike could threaten national defense, security, public order, or human health.

2. The Government shall prescribe the list of workplaces where strikes are prohibited and the procedures for resolving labor disputes at workplaces where strikes are prohibited, as stipulated in Clause 1 of this Article.

Article 210. Decision to postpone or stop a strike.

1. When a strike is deemed to pose a serious risk of damaging the national economy, public interests, threatening national defense, security, public order, or human health, the Chairman of the Provincial People's Committee shall decide to postpone or stop the strike.

2. The government shall provide detailed regulations on postponing or halting strikes and resolving workers' rights.

Article 211. Handling strikes that do not follow proper procedures.

Within 12 hours of receiving notification of a strike that does not comply with the provisions of Articles 200, 201, and 202 of this Code, the Chairman of the People's Committee at the district level shall preside over and direct the specialized labor agency to coordinate with the trade union at the same level and relevant agencies and organizations to directly meet with the employer and representatives of the leadership of the employee representative organization at the workplace to hear opinions, support the parties in finding solutions, and restore normal production and business activities.

If any violations of the law are detected, a report shall be drawn up, and action shall be taken or a recommendation shall be made to the competent authority to handle the individuals or organizations that committed the violations of the law in accordance with the law.

Regarding labor disputes, depending on the type of dispute, guidance and support will be provided to the parties involved in carrying out labor dispute resolution procedures as stipulated in this Code.

Chapter XV

STATE MANAGEMENT OF LABOR

Article 212. Content of State Management of Labor

1. Promulgating and organizing the implementation of legal regulations on labor.

2. Monitoring, compiling statistics, and providing information on labor supply and demand and its fluctuations; deciding on wage policies for workers; deciding on policies, plans, and programs regarding human resources, labor distribution and utilization throughout society, vocational education, and vocational skills development; developing the national vocational skills qualification framework and the Vietnamese national qualifications framework for vocational education levels. Specifying the list of occupations where only workers with vocational education training or national vocational skills certificates are permitted to work.

3. Organizing and conducting scientific research on labor; compiling statistics and information on labor and the labor market, on living standards, wages, and income of workers; managing labor in terms of quantity, quality, and labor turnover.

4. Develop mechanisms and institutions to support the development of progressive, harmonious, and stable labor relations; promote the application of the provisions of this Code to workers without labor relations; and register and manage the activities of workers' organizations in enterprises.

5. Inspect, investigate, handle violations of labor laws and resolve complaints and denunciations; resolve labor disputes in accordance with the law.

6. International cooperation on labor issues.

Article 213. State management authority over labor

1. The government exercises unified state management over labor affairs throughout the country.

2. The Ministry of Labour, Invalids and Social Affairs is responsible to the Government for the state management of labour.

3. Ministries and ministerial-level agencies, within their respective duties and powers, are responsible for implementing and coordinating with the Ministry of Labour, Invalids and Social Affairs in the state management of labour.

4. People's Committees at all levels shall exercise state management over labor within their respective localities.

Chapter XVI

LABOR INSPECTION AND HANDLING OF VIOLATIONS OF LABOR LAWS

Article 214. Contents of labor inspection

1. Inspecting compliance with labor laws and regulations.

2. Investigating workplace accidents and violations of occupational safety and health regulations.

3. Participate in guiding the application of technical standards and regulations on working conditions, occupational safety, and hygiene.

4. Resolving labor-related complaints and denunciations in accordance with the law.

5. Handle violations of labor laws within their authority and recommend that competent authorities handle them.

Article 215. Specialized inspection of labor

1. The authority to conduct specialized labor inspections is exercised in accordance with the provisions of the Law on Inspection.

2. Occupational safety and health inspections shall be conducted in accordance with the provisions of the Law on Occupational Safety and Health.

Article 216. Rights of labor inspectors

Labor inspectors have the right to inspect and investigate places within the scope and subject of inspection assigned to them according to the inspection decision.

When conducting unannounced inspections at the discretion of an authorized person in emergency situations that pose a threat to the safety, life, health, honor, or dignity of workers at the workplace, no prior notice is required.

Article 217. Handling of violations

1. Any person who violates the provisions of this Code shall, depending on the nature and severity of the violation, be subject to disciplinary action, administrative penalties, or criminal prosecution; if the violation causes damage, they shall be liable for compensation in accordance with the law.

2. Once a court has ruled that a strike is illegal, the striking workers must immediately cease striking and return to work; if the workers do not stop striking and do not return to work, depending on the severity of the violation, they may be subject to disciplinary action in accordance with labor laws.

In the event that a strike is illegal and causes damage to the employer, the labor representative organization that organized and led the strike must compensate for the damage in accordance with the law.

3. Individuals who exploit strikes to disrupt public order and safety, damage machinery, equipment, or property of employers; individuals who obstruct the exercise of the right to strike, incite, entice, or coerce workers into striking; and individuals who retaliate against or seek revenge against strike participants or leaders shall, depending on the severity of the violation, be subject to administrative penalties or criminal prosecution, and if damage is caused, they must compensate according to the provisions of the law.

Chapter XVII

TERMS ENFORCEMENT

Article 218. Exemption and reduction of procedures for cases employing fewer than 10 workers.

Employers employing fewer than 10 workers comply with the provisions of this Code but are exempt from or entitled to reductions in certain procedures as prescribed by the Government.

Article 219. Amendments and additions to certain articles of laws related to labor.

1. Amendments and additions to certain articles of the Social Insurance Law No. 58/2014/QH13, which have been amended and supplemented by Law No. 84/2015/QH13 and Law No. 35/2018/QH14:

a) Amend and supplement Article 54 as follows:

"Article 54. Conditions for receiving a pension

1. Workers specified in points a, b, c, d, g, h, and i of Clause 1, Article 2 of this Law, except for cases specified in Clause 3 of this Article, who have contributed to social insurance for 20 years or more upon retirement are entitled to a pension if they fall into one of the following cases:

a) Must be of the age stipulated in Clause 2, Article 169 of the Labor Code;

b) Having reached the age stipulated in Clause 3, Article 169 of the Labor Code and having completed 15 years of work in arduous, hazardous, or particularly arduous, hazardous, or dangerous occupations or jobs listed in the catalog issued by the Ministry of Labor, War Invalids and Social Affairs, or having completed 15 years of work in areas with particularly difficult socio-economic conditions, including time working in areas with a regional allowance coefficient of 0,7 or higher before January 1, 2021;

c) Workers whose age is up to 10 years lower than the retirement age stipulated in Clause 2, Article 169 of the Labor Code and who have completed 15 years of work in underground coal mining;

d) Individuals who contract HIV due to occupational accidents or risks while performing their assigned duties.

2. Workers specified in points d and e of Clause 1, Article 2 of this Law who retire after having contributed to social insurance for 20 years or more are entitled to a pension if they fall into one of the following cases:

a) Being up to 05 years younger than the retirement age stipulated in Clause 2, Article 169 of the Labor Code, except where the Law on Officers of the Vietnam People's Army, the Law on the People's Police, the Law on Cryptography, the Law on Professional Soldiers, and the Law on Defense Workers and Civil Servants provide otherwise;

b) Being up to 5 years younger than the retirement age stipulated in Clause 3, Article 169 of the Labor Code and having completed 15 years of work in arduous, hazardous, or particularly arduous, hazardous, or dangerous occupations or jobs listed in the catalog issued by the Ministry of Labor, War Invalids and Social Affairs, or having completed 15 years of work in areas with particularly difficult socio-economic conditions, including time working in areas with a regional allowance coefficient of 0,7 or higher before January 1, 2021;

c) Individuals who contract HIV due to occupational accidents or risks while performing their assigned duties.

3. Female workers who are commune-level officials or non-professional workers in communes, wards, or towns and participate in social insurance, upon leaving their jobs, if they have contributed to social insurance for 15 to less than 20 years and have reached the retirement age stipulated in Clause 2, Article 169 of the Labor Code, are entitled to a pension.

4. Age requirements for receiving a pension in certain special cases as stipulated by the Government.

b) Amend and supplement Article 55 as follows:

Article 55. Conditions for receiving a pension due to reduced working capacity

1. Workers specified in points a, b, c, d, g, h, and i of Clause 1, Article 2 of this Law, upon retirement, if they have contributed to social insurance for 20 years or more, are entitled to a pension at a lower rate than those eligible for a pension as stipulated in points a, b, and c of Clause 1, Article 54 of this Law, if they fall into one of the following cases:

a) Being up to 05 years younger than the retirement age stipulated in Clause 2, Article 169 of the Labor Code when experiencing a reduction in working capacity from 61% to less than 81%;

b) Being up to 10 years younger than the retirement age stipulated in Clause 2, Article 169 of the Labor Code when suffering from a reduction in working capacity of 81% or more;

c) Having worked for 15 years or more in particularly strenuous, hazardous, or dangerous occupations listed in the catalog issued by the Ministry of Labor, War Invalids and Social Affairs, and experiencing a reduction in working capacity of 61% or more.

2. Workers specified in points d and e of Clause 1, Article 2 of this Law, upon retirement, having contributed to social insurance for 20 years or more and experiencing a reduction in working capacity of 61% or more, are entitled to a pension at a lower rate than those eligible for a pension as stipulated in points a and b of Clause 2, Article 54 of this Law, when they fall into one of the following cases:

a) Being up to 10 years younger than the retirement age stipulated in Clause 2, Article 169 of the Labor Code;

b) Having at least 15 years of experience in occupations or jobs that are particularly arduous, hazardous, or dangerous, as listed in the catalog issued by the Ministry of Labor, War Invalids and Social Affairs.

c) Amend and supplement Clause 1 of Article 73 as follows:

“1. Workers are entitled to a pension when they meet the following conditions:

a) Reached the retirement age as stipulated in Clause 2, Article 169 of the Labor Code;

b) Having contributed to social insurance for 20 years or more.

2. Article 32 of the Civil Procedure Code No. 92/2015/QH13 is amended and supplemented as follows:

a) Amend and supplement the title of Article 1, Clause 1; add Clauses 1a, 1b, and 1c after Clause 1 as follows:

"Article 32. Labor disputes and disputes related to labor fall under the jurisdiction of the Court.

1. Individual labor disputes between employees and employers must go through the mediation procedure of a labor mediator. If mediation is successful but the parties fail to comply or comply incorrectly, or if mediation fails, or if the mediation period stipulated by labor law expires without the labor mediator conducting mediation, except for the following labor disputes which are not required to go through the mediation procedure:

a) Regarding disciplinary action in the form of dismissal or unilateral termination of employment contracts;

b) Regarding compensation for damages and severance pay upon termination of employment contracts;

c) Between domestic helpers and employers;

d) Regarding social insurance as prescribed by the law on social insurance, health insurance as prescribed by the law on health insurance, unemployment insurance as prescribed by the law on employment, and occupational accident and disease insurance as prescribed by the law on occupational safety and hygiene;

d) Regarding compensation for damages between workers and enterprises or organizations that send workers abroad under contract;

e) Between leased workers and leased workers by their employers.

1a. In individual labor disputes where both parties agree to choose a Labor Arbitration Council for resolution, but the Labor Arbitration Council is not established within the time limit stipulated by labor law, or the Labor Arbitration Council does not issue a decision resolving the dispute, or one of the parties fails to comply with the decision of the Labor Arbitration Council, then they have the right to request the Court to resolve the dispute.

1b. Collective labor disputes concerning rights as stipulated by labor law, which have undergone conciliation procedures by labor conciliators but have failed to achieve conciliation, or where the conciliation period stipulated by labor law has expired without the labor conciliator conducting conciliation or one of the parties failing to comply with the conciliation agreement, have the right to request the Court to resolve the dispute.

1c. Collective labor disputes concerning rights where both parties agree to choose a Labor Arbitration Council for resolution, but the Labor Arbitration Council is not established within the time limit stipulated by labor law, or the Labor Arbitration Council does not issue a decision resolving the dispute, or one of the parties fails to comply with the decision of the Labor Arbitration Council, then they have the right to request the Court to resolve the dispute.”;

b) Repeal Clause 2 of Article 32.

Article 220. Enforcement

1. This law shall come into effect on January 1, 2021.

The Labor Code No. 10/2012/QH13 ceases to be in effect from the date this Code comes into force.

2. From the date this Code comes into effect, labor contracts, collective labor agreements, and other legally concluded agreements whose content does not contradict or guarantee employees rights and conditions more favorable than those stipulated in this Code shall continue to be implemented, unless the parties agree to amend or supplement them to conform to and apply the provisions of this Code.

3. The labor regime for officials, civil servants, public employees, members of the People's Army, People's Police, social organizations, cooperative members, and those working without an employment relationship is regulated by other legal documents, but depending on the specific group, some provisions of this Code may be applied.

This law was adopted by the 11th National Assembly of the Socialist Republic of Vietnam at its 8th session on November 20, 2019. 

CHAIRMAN OF THE NATIONAL ASSEMBLY Nguyen Thi Kim Ngan