Decree 145/2020/ND-CP provides detailed regulations and guidance on the implementation of several articles of the Labor Code concerning working conditions and labor relations.

DECREE

DETAILED REGULATIONS AND GUIDELINES FOR IMPLEMENTING CERTAIN ARTICLES OF THE LABOR CODE CONCERNING WORKING CONDITIONS AND LABOR RELATIONS

Based on the Law on Organization of the Government dated June 19, 2015; and the Law amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Government dated November 22, 2019;

Based on the Labor Code dated June 20, 2019;

Based on the Investment Law dated June 17, 2020;

Based on the Enterprise Law dated June 17, 2020;

As requested by the Minister of Labour, Invalids and Social Affairs;

The government has issued a Decree detailing and guiding the implementation of certain articles of the Labor Code concerning working conditions and labor relations.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides detailed regulations and guidance on the implementation of certain provisions regarding working conditions and labor relations as stipulated in the following articles and clauses of the Labor Code:

1. Labor management in accordance with Clause 3, Article 12.

2. Labor contracts as stipulated in Clause 4, Article 21; Point d, Clause 1, Article 35; Point d, Clause 2, Article 36; Clause 4, Article 46; Clause 4, Article 47; and Clause 3, Article 51.

3. Labor leasing as stipulated in Clause 2, Article 54.

4. Organize dialogue and implement democratic regulations at the workplace in accordance with Clause 4, Article 63.

5. Salaries as stipulated in Clause 3 of Article 92; Clause 3 of Article 96; and Clause 4 of Article 98.

6. Working hours and rest periods as stipulated in Clause 5 of Article 107, Clause 7 of Article 113, and Article 116.

7. Labor discipline and material responsibility as stipulated in Clause 5 of Article 118; Clause 6 of Article 122; Clause 2 of Article 130; and Article 131.

8. Female labor and ensuring gender equality according to Clause 6, Article 135.

9. Workers who are domestic helpers as defined in Clause 2 of Article 161.

10. Resolving labor disputes in accordance with Clause 2 of Article 184; Clause 6 of Article 185; Clause 2 of Article 209; Clause 2 of Article 210.

Article 2. Subject of application

1. Workers, apprentices, and trainees as defined in Clause 1, Article 2 of the Labor Code.

2. Employers as defined in Clause 2, Article 2 of the Labor Code.

3. Other agencies, organizations, and individuals involved in the implementation of the provisions of this Decree.

Chapter II

LABOR MANAGEMENT

Article 3. Labor Management Register

The establishment, updating, management, and use of labor management registers as stipulated in Clause 1, Article 12 of the Labor Code are regulated as follows:

1. Within 30 days of commencing operations, the employer must establish a labor management register at the location of its head office, branch, or representative office.

2. The labor management register must be created in paper or electronic form but must ensure that it includes basic information about the employee, including: full name; gender; date of birth; nationality; place of residence; Citizen Identity Card number or National Identity Card number or passport number; professional and technical qualifications; skill level; job position; type of labor contract; start date of employment; social insurance participation; salary; promotion and salary increase; number of days off per year; number of overtime hours; apprenticeship, training, and skill upgrading; labor discipline and material liability; work accidents and occupational diseases; date and reason for termination of the labor contract.

3. Employers are responsible for displaying and updating the information stipulated in Clause 2 of this Article from the date the employee begins work; managing, using, and presenting the labor management register to the labor management agency and other relevant agencies upon request in accordance with the law.

Article 4. Labor Utilization Report

The declaration of labor usage and periodic reporting of changes in labor status as stipulated in Clause 2, Article 12 of the Labor Code are regulated as follows:

1. Employers must declare their employment practices in accordance with Government Decree No. 122/2020/ND-CP dated October 15, 2020, which regulates the coordination and interconnection of procedures for registering the establishment of enterprises, branches, representative offices, declaring employment practices, granting social insurance participation codes, and registering the use of invoices by enterprises.

2. Every six months (before June 5th) and annually (before December 5th), employers must report changes in their workforce to the Department of Labor, War Invalids and Social Affairs through the National Public Service Portal using Form No. 01/PLI, Appendix I, issued with this Decree, and notify the district-level social insurance agency where their headquarters, branches, or representative offices are located. If the employer cannot report changes in their workforce through the National Public Service Portal, they must submit a paper report using Form No. 01/PLI, Appendix I, issued with this Decree, to the Department of Labor, War Invalids and Social Affairs and notify the district-level social insurance agency where their headquarters, branches, or representative offices are located.

The Department of Labor, War Invalids and Social Affairs is responsible for compiling information on changes in the labor situation in cases where employers submit reports in paper form to fully update information according to Form No. 02/PLI Appendix I issued with this Decree.

3. Every six months, before June 15th, and annually, before December 15th, the Department of Labor, War Invalids and Social Affairs is responsible for reporting to the Ministry of Labor, War Invalids and Social Affairs on the employment situation in the locality through the National Public Service Portal according to Form No. 02/PLI Appendix I issued with this Decree.

In cases where the Department of Labor, War Invalids and Social Affairs is unable to report the labor situation through the National Public Service Portal, it shall send a paper report to the Ministry of Labor, War Invalids and Social Affairs using Form No. 02/PLI, Appendix I, issued together with this Decree.

Chapter III

LABOR CONTRACT

Section 1. CONTENTS OF THE EMPLOYMENT CONTRACT FOR EMPLOYEES HIRED AS DIRECTORS IN STATE-OWNED ENTERPRISES

Article 5. Contents of the labor contract for employees hired as directors in enterprises where the State holds 100% of the charter capital or more than 50% of the charter capital or total voting shares.

The employment contract for an employee hired as a director in an enterprise where the State holds 100% of the charter capital or more than 50% of the charter capital or total voting shares as stipulated in Clause 4, Article 21 of the Labor Code includes the following main contents:

1. Name and registered office address of the enterprise as stated in the business registration certificate; full name, date of birth, Citizen ID card number or National ID card number or passport number, telephone number, and contact address of the Chairman of the Board of Members or Chairman of the company or Chairman of the Board of Directors.

2. Full name; date of birth; gender; nationality; educational level; address of residence in Vietnam, address of residence abroad (for foreign workers); Citizen Identity Card number or National Identity Card number or passport number; telephone number, contact address; work permit number issued by a competent state agency or document confirming that the applicant is not subject to work permit requirements; other documents as required by the employer (for foreign workers), if any, for the employee hired as director.

3. The tasks that the employee hired as director is allowed to do, not allowed to do, and the obligations associated with the performance of their duties.

4. The workplace of the employee hired as director.

5. The term of the employment contract shall be agreed upon by both parties and shall not exceed 36 months. For foreign employees hired as directors, the term of the employment contract shall not exceed the term of the work permit issued by the competent state authority.

6. Content, duration, and responsibilities for protecting the business secrets and technological secrets of the enterprise with respect to employees hired as directors, and handling of violations.

7. Rights and obligations of the employer, including:

a) Provide information to the employee hired as manager to perform the task;

b) Inspect, monitor, and evaluate the performance of the person hired as director;

c) Rights and obligations as prescribed by law;

d) Issuing regulations on the working procedures for the director;

d) Fulfilling obligations to employees hired as directors regarding: salary and bonuses; social insurance, health insurance, and unemployment insurance contributions; providing work equipment, transportation, food, and accommodation; training and professional development;

e) Other rights and obligations as agreed upon by both parties.

8. Rights and obligations of employees hired as managers, including:

a) Perform the duties as stipulated in the employment contract;

b) Report and propose solutions to address difficulties and obstacles encountered during the performance of work under the labor contract;

c) Report on the management and utilization of capital, assets, labor, and other resources;

d) Entitled to benefits including: salary and bonuses; working hours and rest periods; provision of work equipment, transportation, food, and accommodation; social insurance, health insurance, and unemployment insurance; training and professional development; and other benefits as agreed upon by both parties;

d) Other rights and obligations as agreed upon by both parties.

9. Conditions, processes, and procedures for amending and supplementing labor contracts, and unilaterally terminating labor contracts.

10. Rights and obligations of the employer and the employee hired as director upon termination of the employment contract.

11. Labor discipline, material responsibility, labor dispute resolution and complaints.

12. Other matters as agreed upon by both parties.

Article 6. Contents of the labor contract for employees hired as directors in enterprises where the State holds 50% or less of the charter capital or total voting shares.

The content of the employment contract for employees hired as directors in enterprises where the State holds 50% or less of the charter capital or total voting shares shall comply with the provisions of Clause 1, Article 21 of the Labor Code.

Section 2. Termination of Employment Contract

Article 7. Notice period for unilateral termination of employment contracts in certain specific industries, occupations, and jobs.

The specific industries, occupations, and jobs, as well as the notice period for unilateral termination of employment contracts, are stipulated in point d, clause 1, Article 35 and point d, clause 2, Article 36 of the Labor Code as follows:

1. Specific industries, occupations, and jobs include:

a) Members of the aircraft flight crew; aircraft maintenance technicians, aviation-specific repair personnel; flight dispatch and operations personnel;

b) Business managers as defined by the Enterprise Law; and the Law on Management and Use of State Capital Invested in Production and Business at Enterprises;

c) Crew members working on Vietnamese vessels operating abroad; crew members subcontracted by Vietnamese enterprises to work on foreign vessels;

d) Other cases as prescribed by law.

2. When employees working in the industries, occupations, or jobs specified in Clause 1 of this Article unilaterally terminate their employment contracts, or when the employer unilaterally terminates the employment contracts of these employees, the notice period shall be as follows:

a) At least 120 days for indefinite-term employment contracts or fixed-term employment contracts of 12 months or more;

b) At least one-quarter of the term of the employment contract for employment contracts with a term of less than 12 months.

Article 8. Severance pay, unemployment benefits

1. Employers are responsible for paying severance pay as stipulated in Article 46 of the Labor Code to employees who have worked regularly for them for 12 months or more when the labor contract is terminated according to Clauses 1, 2, 3, 4, 6, 7, 9 and 10 of Article 34 of the Labor Code, except for the following cases:

a) Employees who are eligible for a pension as stipulated in Article 169 of the Labor Code and the law on social insurance;

b) An employee who voluntarily abandons their job without justifiable reason for 05 consecutive working days or more, as stipulated in point e, clause 1, Article 36 of the Labor Code. Cases considered to have justifiable reasons are those stipulated in clause 4, Article 125 of the Labor Code.

2. Employers are responsible for paying severance pay as stipulated in Article 47 of the Labor Code 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 the Labor Code.

In cases where an employee who has worked regularly for an employer for 12 months or more loses their job, but the period of employment used to calculate unemployment benefits as stipulated in Clause 3 of this Article is less than 24 months, the employer is responsible for paying the employee unemployment benefits equivalent to at least two months' salary.

3. The working time used to calculate severance pay and 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, in which:

a) The total time an employee has actually worked for the employer includes: time the employee has worked directly; probationary period; time spent studying at the employer's request; time off for sickness and maternity leave as prescribed by the law on social insurance; time off for treatment and rehabilitation due to work accidents or occupational diseases, during which the employer pays wages as prescribed by the law on occupational safety and hygiene; time off to fulfill civic duties as prescribed by law, during which the employer pays wages; time off work not due to the employee's fault; weekly rest time as per Article 111, paid leave as per Articles 112, 113, 114, and Clause 1 of Article 115; The time spent performing duties by the employee representative organization as stipulated in Clauses 2 and 3 of Article 176 and the time of temporary suspension from work as stipulated in Article 128 of the Labor Code.

b) The period during which an employee has participated in unemployment insurance includes: the period during which the employee has participated in unemployment insurance as prescribed by law, and the period during which the employee is exempt from unemployment insurance as prescribed by law, but the employer pays, along with the employee's salary, an amount equivalent to the employer's contribution to unemployment insurance as prescribed by labor and unemployment insurance laws.

c) The working time used to calculate severance pay and unemployment benefits for employees is calculated in years (12 months); in cases where there are odd months less than or equal to 06 months, it is counted as 1/2 year, and if there are more than 06 months, it is counted as 01 year of work.

4. Determining the actual working time of an employee for the employer as stipulated in point a, clause 3 of this Article in certain special cases:

a) For enterprises that are 100% state-owned or enterprises that have been privatized from state-owned enterprises, when terminating an employment contract with an employee who had worked in state-owned agencies, organizations, units, or enterprises before January 1, 1995, but had not yet received severance pay, unemployment benefits, or a lump-sum allowance upon demobilization or transfer to another sector, the employer is responsible for calculating both the actual time the employee worked for them and the actual time the employee worked in the state sector before that date.

The actual working time in state-owned agencies, organizations, units, and enterprises before January 1, 1995, includes: actual working time in state agencies; public service units; political organizations; socio-political organizations; units of the armed forces receiving salaries from the state budget; and working time in state-owned enterprises.

b) In cases where an employee works for an employer under multiple consecutive labor contracts as stipulated in Clause 2, Article 20 of the Labor Code, and upon termination of each labor contract, the employee has not yet received severance pay or unemployment benefits, the actual time worked for the employer is the total time worked under all labor contracts minus the actual time worked under the labor contract declared entirely invalid due to the entire content of the labor contract violating the law or the work stipulated in the labor contract being prohibited by law, the labor contract where the employee was dismissed due to disciplinary action, or the labor contract where the employee unilaterally terminated illegally (if any).

c) In cases where employees continue working at the enterprise or cooperative according to the labor utilization plan stipulated in Clause 1, Article 44 of the Labor Code after division, separation, merger, acquisition; sale, lease, conversion of enterprise type; transfer of ownership or right to use assets, the employer is responsible for determining the actual working time of the employee for the employer to calculate severance pay and unemployment benefits as follows:

c1) In cases where the labor contract is terminated according to the provisions of Clauses 1, 2, 3, 4, 6, 7, 9 and 10 of Article 34 of the Labor Code, the actual working time of the employee for the employer that is used to calculate severance pay is the total actual working time under labor contracts with the employer before and after the division, separation, merger, acquisition; sale, lease, conversion of business type; transfer of ownership, right to use assets.

c2) In cases where the labor contract is terminated according to the provisions of Clause 11, Article 34 of the Labor Code, the actual working time of the employee for the employer that is calculated for unemployment benefits is the total actual working time under labor contracts with the employer after the division, separation, merger, acquisition; sale, lease, conversion of business type; transfer of ownership, right to use assets. The actual working time of the employee for the employer that is calculated for severance pay is the actual working time under labor contracts with the employer before the division, separation, merger, acquisition; sale, lease, conversion of business type; transfer of ownership, right to use assets.

c3) The employer is responsible for paying severance pay for the entire period the employee worked in the state sector and was last employed by the enterprise before January 1, 1995, prior to the division, separation, merger, acquisition; sale, lease, conversion of the enterprise type; transfer of ownership or right to use assets as stipulated in point a of this clause.

5. The salary used to calculate severance pay and unemployment benefits is regulated as follows:

a) The salary used to calculate severance pay and unemployment benefits is the average salary of the 06 consecutive months prior to the employee's termination or loss of employment, as stipulated in the employment contract.

b) In cases where an employee works for an employer under multiple consecutive labor contracts as stipulated in Clause 2, Article 20 of the Labor Code, the salary used to calculate severance pay or unemployment benefits is the average salary of the six consecutive months under the labor contract preceding the termination of the last labor contract. If the last labor contract is declared invalid because its salary is lower than the regional minimum wage announced by the Government or the salary stated in the collective labor agreement, the salary used as the basis for calculating severance pay shall be agreed upon by both parties but shall not be lower than the regional minimum wage or the salary stated in the collective labor agreement.

6. The funds for paying severance pay and unemployment benefits to employees shall be accounted for as production and business expenses or operating expenses of the employer.

Section 3. Handling Invalid Employment Contracts

Article 9. Handling of partially invalid labor contracts

The handling of partially invalid labor contracts under Clause 1, Article 51 of the Labor Code is regulated as follows:

1. When a labor contract is declared partially invalid, the employer and the employee shall amend and supplement the invalid portion of the labor contract to conform with the collective labor agreement and the law.

2. The rights, obligations, and interests of both parties during the period from the commencement of employment under the labor contract declared partially invalid until the labor contract is amended or supplemented shall be resolved according to the applicable collective labor agreement; in the absence of a collective labor agreement, the provisions of the law shall apply.

In cases where a labor contract is declared invalid due to a salary lower than that stipulated by labor law or applicable collective bargaining agreement, both parties must renegotiate the salary to comply with regulations. The employer is responsible for determining the difference between the renegotiated salary and the salary in the invalidated labor contract and compensating the employee for the actual working time under the invalidated contract.

3. If the two parties cannot agree on amending or supplementing the contents that have been declared invalid, then:

a) Terminate the employment contract;

b) The rights, obligations, and interests of both parties from the start of employment under the labor contract that is declared partially invalid until the termination of the labor contract shall be implemented in accordance with Clause 2 of this Article;

c) Settling severance pay entitlements in accordance with Article 8 of this Decree;

d) The working time of an employee under a labor contract declared invalid shall be counted as the time the employee worked for the employer, serving as a basis for implementing the regulations stipulated by labor law.

4. Other issues related to the handling of partially void employment contracts fall under the jurisdiction of the Court as stipulated in the Code of Civil Procedure.

Article 10. Handling of entirely invalid labor contracts due to the contracting party lacking proper authority or violating the principles of labor contract formation.

1. When a labor contract is declared entirely invalid, the employee and the employer shall sign a new labor contract in accordance with the law.

2. The rights, obligations, and benefits of the employee from the time they begin working under a labor contract declared invalid until the labor contract is re-signed shall be implemented as follows:

a) If the rights and interests of each party in the labor contract are not lower than those stipulated by law or applicable collective labor agreements, then the rights, obligations, and interests of the employee shall be implemented according to the content of the labor contract declared invalid;

b) If the labor contract contains provisions regarding the rights, obligations, and benefits of each party that violate the law but do not affect other parts of the labor contract, then the rights, obligations, and benefits of the employee shall be implemented according to Clause 2, Article 9 of this Decree;

c) The time an employee works under an employment contract that is declared invalid shall be counted as the employee's working time for the employer, serving as a basis for implementing the regulations stipulated by labor law.

3. In the event that the employment contract is declared entirely invalid and not renewed:

a) Terminate the employment contract;

b) The rights, obligations, and benefits of the employee from the time they begin working under the invalidated labor contract until the termination of the labor contract shall be implemented in accordance with the provisions of Clause 2 of this Article;

c) Settling severance pay entitlements in accordance with Article 8 of this Decree.

4. Other issues related to the handling of entirely void labor contracts due to the contracting party lacking proper authority or violating the principles of labor contract formation fall under the jurisdiction of the Court as stipulated in the Code of Civil Procedure.

Article 11. Handling of entirely invalid labor contracts due to the entire content of the labor contract violating the law or the work agreed upon in the labor contract being work prohibited by law.

1. When an employment contract is declared entirely invalid, the employee and employer shall enter into a new employment contract in accordance with the law.

2. The rights, obligations, and benefits of employees from the time they begin working under a labor contract declared invalid until a new labor contract is concluded shall be implemented in accordance with the provisions of Clause 2, Article 10 of this Decree.

3. If the two parties do not enter into a new employment contract, then:

a) Terminate the employment contract;

b) The rights, obligations, and benefits of the employee from the time they begin working under the invalidated labor contract until the termination of the labor contract shall be implemented in accordance with Clause 2 of this Article;

c) The employer shall pay the employee an amount agreed upon by both parties, but for each year of service, it must be at least equal to one month's minimum regional wage applicable to the area where the employee works, as stipulated by the Government at the time the labor contract is declared invalid. The employee's working time for calculating the severance pay is the actual working time under the invalidated labor contract, as determined according to point a, clause 3, Article 8 of this Decree;

d) Settling severance pay for any employment contracts prior to the employment contract declared invalid as stipulated in Article 8 of this Decree, if any.

4. Other issues related to the handling of entirely void employment contracts due to the entire content of the employment contract violating the law or the work stipulated in the employment contract being work prohibited by law fall under the jurisdiction of the Court as prescribed by the Code of Civil Procedure.

Chapter IV

LABOR LEASING

Section 1. GENERAL PROVISIONS ON LABOR LEASING

Article 12. Enterprises that lease out labor

A labor leasing enterprise is an enterprise established in accordance with the provisions of the Enterprise Law, granted a license to operate labor leasing, which recruits and enters into labor contracts with workers, then transfers workers to work under the management of another employer while maintaining an employment relationship with the enterprise that entered into the labor contract (hereinafter referred to as the labor leasing enterprise).

Article 13. Labor-employing party

The labor-employing party is an enterprise, agency, organization, cooperative, household, or individual with full legal capacity who employs leased workers to perform jobs listed in the permitted labor-employment categories for a specific period.

Article 14. Subcontracted workers

A leased worker is a worker with full legal capacity, hired and contracted by a leasing company, and then transferred to work for and be managed by the leasing company.

Section 2. DEPOSIT OF THE LEASING ENTERPRISE

Article 15. Deposit and use of deposit funds

1. Enterprises shall deposit funds at the rate prescribed in Clause 2, Article 21 of this Decree at a Vietnamese commercial bank or a branch of a foreign bank legally established and operating in Vietnam (hereinafter referred to as the deposit-receiving bank).

2. The deposit is used for the purpose of paying wages, social insurance, health insurance, unemployment insurance, occupational accident and disease insurance, and other benefits for leased workers as agreed in the labor contract, collective labor agreement, internal regulations, and rules of the leasing enterprise, or for compensation to leased workers in case the leasing enterprise violates the labor contract with the leased workers or causes damage to the leased workers by failing to ensure the legitimate rights and interests of the leased workers.

Article 16. Deposit payment

1. The subleasing enterprise shall deposit the security deposit as stipulated by the deposit-receiving bank and comply with all applicable laws. The subleasing enterprise shall receive interest on the security deposit as agreed with the deposit-receiving bank and in accordance with all applicable laws.

2. The deposit-receiving bank is responsible for issuing a certificate of deposit for labor leasing activities according to Form No. 01/PLIII, Appendix III, issued with this Decree, after the labor leasing enterprise completes the deposit procedures. In case of changes to any of the information on the certificate of deposit for labor leasing activities, including: enterprise name; head office address; deposit account number, the labor leasing enterprise shall send a written request and supporting documents to the deposit-receiving bank to amend the certificate of deposit for labor leasing activities.

Article 17. Management of deposit funds

1. The bank receiving the deposit is responsible for freezing the entire deposit amount of the subleasing enterprise and managing the deposit in accordance with the law on deposits.

2. The bank receiving the deposit shall allow the subleasing enterprise to withdraw the deposit, deduct the deposit, and require the subleasing enterprise to deposit additional funds in accordance with the provisions of Articles 18, 19, and 20 of this Decree.

3. Banks receiving deposits are not allowed to withdraw deposits from businesses that sublease them without the written consent of the Chairman of the People's Committee of the province or centrally-administered city (hereinafter referred to as the Chairman of the Provincial People's Committee).

Article 18. Withdrawal of deposit

1. The Chairman of the People's Committee of the province where the subleasing enterprise is headquartered agrees to allow the subleasing enterprise to withdraw its deposit when the enterprise falls into one of the following cases:

a) The leasing enterprise faces difficulties and lacks sufficient financial resources to pay full wages, social insurance, health insurance, unemployment insurance, occupational accident and disease insurance, and other benefits for leased workers as agreed upon in the labor contract, collective labor agreement, internal regulations, and rules of the leasing enterprise after 30 days from the payment due date as stipulated by law;

b) The leasing enterprise faces difficulties and is unable to compensate leased workers due to breach of labor contracts with leased workers or causes damage to leased workers by failing to ensure their legal rights and interests after 60 days from the deadline for compensation as stipulated by law;

c) The business was not granted a license;

d) The subleasing business has its license revoked or is not granted a renewal or re-issuance of its license;

d) The subleasing enterprise has made a deposit at a Vietnamese commercial bank or another branch of a foreign commercial bank in Vietnam.

2. The application dossier requesting the Chairman of the Provincial People's Committee to withdraw the deposit money, submitted to the Department of Labor, War Invalids and Social Affairs, includes:

a) Written request for withdrawal of the security deposit from the subleasing enterprise;

b) Plan for using the funds withdrawn from the escrow account, including: reason and purpose for withdrawing the escrow funds; list and number of employees, amount, time, and method of payment in the case of withdrawing escrow funds as stipulated in points a and b of Clause 1 of this Article;

c) A report on the fulfillment of obligations and supporting documents proving the fulfillment of obligations to leased workers in the case of withdrawal of the security deposit as stipulated in point d, clause 1 of this Article;

d) Certificate of deposit for labor leasing activities in cases of deposit withdrawal as stipulated in point d, clause 1 of this Article.

3. Documents for withdrawing deposit funds submitted to the deposit-receiving bank, including:

a) A written request for withdrawal of the security deposit from the subleasing enterprise as stipulated in point a, clause 2 of this Article;

b) Written consent from the Chairman of the Provincial People's Committee regarding the withdrawal of the deposit, in accordance with Form No. 02/PLIII, Appendix III, issued with this Decree;

c) Documents proving withdrawal of deposit funds as required by the deposit-receiving bank (if any).

4. The procedure for withdrawing the deposit is as follows:

a) The subleasing enterprise shall submit one set of documents as prescribed in Clause 2 of this Article to the Department of Labor, War Invalids and Social Affairs where the enterprise's head office is located;

b) The Department of Labor, War Invalids and Social Affairs receives the application, checks it, and issues a receipt clearly stating the date of receipt of the complete application. Within 05 working days from the date of receiving the complete application for withdrawal of the deposit from the sub-leasing enterprise, the Department of Labor, War Invalids and Social Affairs checks and verifies the application of the sub-leasing enterprise and the fulfillment of obligations to the sub-leased workers by the sub-leasing enterprise in the case stipulated in point d, clause 1 of this Article, and submits it to the Chairman of the Provincial People's Committee for approval for the sub-leasing enterprise to withdraw the deposit;

c) Within 05 working days from the date of receiving the dossier from the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall issue a written approval regarding the withdrawal of the deposit and the plan for using the deposit (if any) to the sub-leasing enterprise and the deposit-receiving bank. In case of disagreement with the withdrawal of the deposit, the Chairman of the Provincial People's Committee shall send a written reply to the sub-leasing enterprise stating the reasons for the disagreement;

d) After receiving written approval from the Chairman of the Provincial People's Committee regarding the withdrawal of the deposit, the subleasing enterprise shall submit the documents as prescribed in Clause 3 of this Article to the deposit-receiving bank;

d) The deposit-receiving bank receives and examines the deposit withdrawal application from the sub-leasing enterprise. If it complies with regulations, the deposit-receiving bank allows the sub-leasing enterprise to withdraw the deposit within one working day from the date of receiving the deposit withdrawal application.

In cases where deposit funds are withdrawn as stipulated in points a and b of Clause 1 of this Article, the payment and compensation to leased workers shall be directly disbursed by the deposit-receiving bank according to the plan approved by the Chairman of the Provincial People's Committee, after deducting bank service fees.

Article 19. Deduction of deposit when the leasing enterprise fails to fulfill its obligations to the leased workers.

1. If, after 60 days from the due date, the enterprise has not paid the benefits and entitlements to the leased workers as stipulated in Clause 2, Article 15 of this Decree, the Department of Labor, War Invalids and Social Affairs shall issue a written request to the leasing enterprise to pay the benefits and entitlements to the leased workers after consultation with the social insurance agency and other relevant organizations. If, after 10 days from the date the Department of Labor, War Invalids and Social Affairs issues the written request, the leasing enterprise fails to make the payment and does not submit a written request to withdraw the deposit to pay the benefits to the workers, the Department of Labor, War Invalids and Social Affairs shall submit a proposal to the Chairman of the Provincial People's Committee to withdraw the deposit from the leasing enterprise to pay the benefits and entitlements to the leased workers according to the following procedures:

a) The Department of Labor, War Invalids and Social Affairs requires the leasing enterprise to report on the number and list of leased workers, the amount of unpaid wages, and compensation for benefits and entitlements of each leased worker. Within 05 working days from the date of receiving the request from the Department of Labor, War Invalids and Social Affairs, the leasing enterprise must complete the report. Within 03 working days from the date of receiving the report from the leasing enterprise, the Department of Labor, War Invalids and Social Affairs will compile the report and submit it to the Chairman of the Provincial People's Committee for a decision on deducting the deposit money from the leasing enterprise to pay benefits to the workers;

b) Within 05 working days from the date of receiving the proposal from the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall decide to deduct the deposit from the sub-leasing enterprise. The decision to deduct the deposit shall be made according to Form No. 03/PLIII, Appendix III issued together with this Decree;

c) Within 07 working days from the date of receiving the decision of the Chairman of the Provincial People's Committee, the bank receiving the deposit shall deduct the deposit from the leasing enterprise and directly pay the leased workers according to the list attached to the decision of the Chairman of the Provincial People's Committee, after deducting bank service fees. The deposit of the leasing enterprise shall be paid in the following order of priority: wages; social insurance, health insurance, unemployment insurance; occupational accident and disease insurance and other benefits for leased workers as agreed in the labor contract, collective labor agreement, internal regulations and rules of the leasing enterprise.

2. The Department of Labor, War Invalids and Social Affairs is responsible for supervising the implementation of payments and compensation to leased workers as stipulated in Clause 1 of this Article and reporting the results to the Provincial People's Committee.

Article 20. Additional deposit payment

1. Within 30 days from the date of withdrawal of the security deposit for payment in the cases stipulated in points a and b of Clause 1, Article 18 and Article 19 of this Decree, the subleasing enterprise must deposit additional security deposit as stipulated in Clause 2, Article 21 of this Decree.

2. If, within no more than 30 days from the expiration of the period stipulated in Clause 1 of this Article, the sub-leasing enterprise fails to fully replenish the deposit, the deposit-receiving bank shall notify in writing the Department of Labor, War Invalids and Social Affairs and the Chairman of the People's Committee of the province where the sub-leasing enterprise is headquartered. Within 15 days from the date of receiving the notification from the deposit-receiving bank, the Department of Labor, War Invalids and Social Affairs shall submit to the Chairman of the People's Committee of the province a request to revoke the enterprise's license in accordance with Clause 4, Article 28 of this Decree.

Section 3. CONDITIONS, AUTHORITY, PROCEDURES FOR ISSUING, RENEWING, REISSUING, AND REVOKING LICENSES AND LIST OF WORK ALLOWED FOR LABOR LEASING

Article 21. Conditions for granting licenses

1. The legal representative of a business engaged in labor leasing activities must meet the following conditions:

a) Being a business manager as defined by the Enterprise Law;

b) No criminal record;

c) Having at least 03 years (36 months) of direct professional or managerial experience in labor leasing or labor supply within the 05 years immediately preceding the application for the license.

2. The business has deposited 2.000.000.000 VND (two billion Vietnamese Dong).

Article 22. Authority to issue, renew, reissue, and revoke licenses

The Chairman of the People's Committee of the province where the enterprise is headquartered has the authority to issue, renew, reissue, and revoke licenses for the enterprise.

Article 23. License for labor leasing activities

1. The labor leasing license is printed on A4 size (21 cm x 29,7 cm) cardboard; the front side contains the license content on a white background with light blue patterns, a watermark of the national emblem, and a black border; the back side contains the national name, national emblem, and the words "LABOR LEASING LICENSE" printed on a light blue background.

2. The content of the labor leasing license is in accordance with Form No. 04/PLIII, Appendix III, issued together with this Decree.

3. The validity period of the license is stipulated as follows:

a) The maximum license term is 60 months;

b) The license can be renewed multiple times, with each renewal lasting a maximum of 60 months;

c) The validity period of the renewed license shall be equal to the remaining validity period of the previously issued license.

Article 24. Application dossier for license issuance

1. The application for a business license must be submitted using Form No. 05/PLIII in Appendix III issued with this Decree.

2. A self-declaration of the legal representative of the enterprise, using Form No. 07/PLIII in Appendix III issued with this Decree.

3. Criminal record certificate No. 1 as prescribed by law on criminal records of the legal representative of the enterprise. If the legal representative is a foreigner who is not eligible for criminal record certificate No. 1, it may be replaced by a criminal record certificate from their country of citizenship.

The documents mentioned in this section must have been issued no more than 06 months before the date of application. Documents in foreign languages ​​must be translated into Vietnamese, certified, and legalized by consular authorities in accordance with the law.

4. Documents proving the period of direct professional or managerial work in labor leasing or labor supply by the legal representative of the enterprise as stipulated in point c, clause 1, Article 21 of this Decree shall be one of the following types of documents:

a) A certified copy of the original employment contract or work contract or the decision on recruitment, appointment, or assignment of duties by the legal representative of the enterprise;

b) A certified copy of the original appointment decision (for employees working under an appointment system) or the document recognizing the election results (for employees working under an election system) of the legal representative of the enterprise, or a copy of the business registration certificate (for the case of the legal representative of a labor leasing or supply enterprise).

Documents referred to in points a and b of this clause that are foreign documents must be translated into Vietnamese, certified, and legalized by consular authorities in accordance with the law.

5. Certificate of deposit for labor leasing activities according to Form No. 01/PLIII Appendix III issued with this Decree.

Article 25. Procedures for granting licenses

1. Businesses shall submit a set of documents as prescribed in Article 24 of this Decree to the Department of Labor, War Invalids and Social Affairs where the business is headquartered to request a license.

2. After verifying that all required documents as stipulated in Article 24 of this Decree are complete, the Department of Labor, War Invalids and Social Affairs shall issue a receipt clearly stating the date of receipt of the application for a license.

3. Within 20 working days from the date of receiving the required guarantee documents, the Department of Labor, War Invalids and Social Affairs shall review and submit the application to the Chairman of the Provincial People's Committee for the issuance of a license to the enterprise.

If the application dossier does not meet the requirements, within 10 working days from the date of receipt, the Department of Labor, War Invalids and Social Affairs will send a written request to the enterprise to complete the dossier.

4. Within 07 working days from the date of receiving the application from the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall consider and grant a license to the enterprise; in case of refusal to grant a license, a written response shall be sent to the enterprise stating the reasons for refusal.

5. Licenses will not be granted in the following cases:

a) Failure to meet the conditions stipulated in Article 21 of this Decree;

b) Used a forged license to operate a labor leasing business;

c) The legal representative has previously been the legal representative of an enterprise whose license was revoked for the reasons specified in points d, e, and f of Clause 1, Article 28 of this Decree within the 05 consecutive years preceding the application for a labor leasing license;

d) The legal representative has previously been the legal representative of the business using the forged license.

Article 26. License renewal

1. Businesses whose licenses are renewed must ensure compliance with the following regulations:

a) Ensure compliance with the conditions stipulated in Article 21 of this Decree;

b) Not subject to license revocation as stipulated in Article 28 of this Decree;

c) Fully comply with the reporting requirements stipulated in this Decree;

d) Applications for license renewal must be submitted to the Department of Labor, War Invalids and Social Affairs at least 60 working days before the license expires.

2. The application for license renewal includes:

a) The enterprise's request for license renewal, using Form No. 05/PLIII in Appendix III issued with this Decree;

b) The document stipulated in Clause 5, Article 24 of this Decree;

c) The documents stipulated in Clauses 2, 3 and 4 of Article 24 of this Decree for cases where an enterprise requests an extension of its license while simultaneously changing its legal representative.

3. Procedures for license renewal

a) The enterprise shall submit a set of documents as prescribed in Clause 2 of this Article to the Department of Labor, War Invalids and Social Affairs where the enterprise is headquartered to request a license renewal. After verifying that all documents as prescribed in Clause 2 of this Article are complete, the Department of Labor, War Invalids and Social Affairs shall issue a receipt clearly stating the date of receipt of the license renewal request;

b) Within 15 working days from the date of receiving the required documents, the Department of Labor, War Invalids and Social Affairs shall review and submit to the Chairman of the Provincial People's Committee for extension of the license for the enterprise. If the documents do not meet the requirements, within 7 working days from the date of receiving the documents, the Department of Labor, War Invalids and Social Affairs shall send a written request to the enterprise to complete the documents;

c) Within 07 working days from the date of receiving the application from the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall consider and extend the license for the enterprise; if the license is not extended, a written response shall be sent to the enterprise stating the reasons for not extending the license.

4. For subleasing businesses that do not comply with the regulations in Clause 1 of this Article or fall under the cases specified in Clause 5 of Article 25 of this Decree, the Chairman of the Provincial People's Committee shall respond in writing to the business, clearly stating the reasons for not renewing the lease.

Article 27. Reissuance of licenses

1. Businesses that sublease properties may request the Chairman of the Provincial People's Committee to reissue their license in the following cases:

a) Changes to any of the contents of the issued license, including: business name; registered office address (but still within the province where the license was issued); legal representative of the business;

b) The license is lost;

c) The license is damaged and no longer contains complete information;

d) Changing the registered office address to a different province than the one originally granted in the license.

2. The application for license renewal includes the following documents:

a) Application for license renewal using Form No. 05/PLIII, Appendix III issued with this Decree;

b) A copy of the business registration certificate in cases of changes to the business name or head office address, but still within the same provincial jurisdiction where the license was issued, or when the license is damaged and no longer contains complete information;

c) The documents stipulated in Clauses 2, 3 and 4 of Article 24 of this Decree for cases where a business changes its legal representative;

d) The documents stipulated in Clauses 2, 3, 4 and 5 of Article 24 of this Decree in the case of a lost license;

d) Previously issued licenses for cases specified in points a and c of Clause 1 of this Article.

3. The procedures for reissuing licenses in the cases specified in points a, b, and c of Clause 1 of this Article are as follows:

a) The enterprise shall submit a set of documents as prescribed in Clause 2 of this Article to the Department of Labor, War Invalids and Social Affairs where the enterprise is headquartered to request the renewal of the license. After verifying that all documents as prescribed in Clause 2 of this Article are complete, the Department of Labor, War Invalids and Social Affairs shall issue a receipt clearly stating the date of receipt of the application for license renewal;

b) Within 15 working days from the date of receiving the required documents, the Department of Labor, War Invalids and Social Affairs shall review and submit the application to the Chairman of the Provincial People's Committee for re-issuance of the license to the enterprise. If the documents do not meet the requirements, within 07 working days from the date of receiving the documents, the Department of Labor, War Invalids and Social Affairs shall send a written request to the enterprise to complete the documents;

c) Within 07 working days from the date of receiving the application from the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall review and reissue the license to the enterprise; if the license is not reissued, a written response shall be sent to the enterprise stating the reasons for not reissuing the license.

4. The procedures for reissuing licenses in the cases specified in point d, clause 1 of this Article shall be carried out as follows:

a) The application dossier for license renewal includes: a written request for license renewal according to Form No. 05/PLIII, Appendix III issued with this Decree; a copy of the business registration certificate issued by the business registration authority where the enterprise's new head office is located, in accordance with the law; and the license previously issued by the Chairman of the People's Committee of the province where the enterprise's head office was previously located.

b) The enterprise shall submit a set of documents as stipulated in point a of this clause to the Department of Labor, War Invalids and Social Affairs where the enterprise's new head office is located to request a license. The Department of Labor, War Invalids and Social Affairs shall issue a receipt clearly stating the date of receipt of the documents when the dossier contains all the documents stipulated in point a of this clause;

c) Within 10 working days, the Department of Labor, War Invalids and Social Affairs where the enterprise's new head office is located shall send a written request to the Department of Labor, War Invalids and Social Affairs where the enterprise was originally granted a license to provide a copy of the license application file and confirmation of the conditions under which the sub-leasing enterprise's license will not be revoked;

d) Within 07 working days from the date of receiving the document from the Department of Labor, War Invalids and Social Affairs where the enterprise has its new head office, the Department of Labor, War Invalids and Social Affairs where the sub-leasing enterprise has been granted a license shall provide its opinion on the operation of the sub-leasing enterprise during its operation in the area, reply to the Department of Labor, War Invalids and Social Affairs where the enterprise has its new head office, and send a copy of the sub-leasing enterprise's application for a license.

In the event that a subleasing enterprise has its license revoked under Clause 1, Article 28 of this Decree, the Department of Labor, War Invalids and Social Affairs in the province where the subleasing enterprise was granted the license shall be responsible for reporting to the Chairman of the Provincial People's Committee to revoke the license and notifying the Department of Labor, War Invalids and Social Affairs where the enterprise's new head office is located;

d) Within 06 working days from the date of receiving the document from the Department of Labor, War Invalids and Social Affairs where the sub-leasing enterprise has been granted a license, the Department of Labor, War Invalids and Social Affairs where the enterprise's head office is located shall submit a request to the Chairman of the Provincial People's Committee to re-issue the license to the enterprise.

In cases where a subleasing enterprise has its license revoked by the Chairman of the People's Committee of the province where the enterprise previously had its head office, as stipulated in point a, clause 1, Article 28 of this Decree, the Department of Labor, War Invalids and Social Affairs of the province where the enterprise has its new head office shall issue a document requesting the enterprise to complete the dossier and submit it to the Chairman of the People's Committee of the province for the issuance of a subleasing license.

In cases where a subleasing enterprise has its license revoked by the Chairman of the People's Committee of the province where the enterprise was previously headquartered, as stipulated in points c, d, e, and f of Clause 1, Article 28 of this Decree, the Department of Labor, War Invalids and Social Affairs shall submit a proposal to the Chairman of the People's Committee of the province to refuse to issue a license to the subleasing enterprise;

e) Within 04 working days from the date of receiving the application from the Department of Labor, War Invalids and Social Affairs where the enterprise's new head office is located, the Chairman of the Provincial People's Committee shall consider and grant a license to the enterprise; if the license is not granted, a written response shall be sent to the enterprise stating the reasons for not granting the license.

Article 28. Revocation of licenses

1. A subleasing business will have its license revoked in the following cases:

a) Terminate the labor leasing operation at the request of the leasing company;

b) The business is dissolved or declared bankrupt by a court decision;

c) Failure to meet one of the conditions stipulated in Article 21 of this Decree;

d) Allowing other businesses, organizations, or individuals to use the license;

d) Subleasing labor to perform work not included in the list of jobs permitted for labor subleasing in Appendix II issued with this Decree;

e) The leasing enterprise commits acts of forging documents in the application file for granting, renewing, or reissuing licenses, or erasing or altering the content of issued licenses, or using forged licenses.

2. The application dossier for license revocation in cases specified in points a and b of Clause 1 of this Article includes:

a) A written request for license revocation using Form No. 06/PLIII, Appendix III, issued together with this Decree;

b) The issued license or a written commitment from the subleasing enterprise assuming legal responsibility in case the license is lost;

c) Report on the labor leasing activities of the enterprise according to Form No. 09/PLIII Appendix III issued together with this Decree;

d) A copy of the labor subcontracting agreement that is still in effect at the time of requesting license revocation.

3. The procedures for revoking licenses in the cases specified in points a and b of Clause 1 of this Article are as follows:

a) The enterprise shall submit a set of documents as prescribed in Clause 2 of this Article to the Department of Labor, War Invalids and Social Affairs where the enterprise's head office is located;

b) The Department of Labor, War Invalids and Social Affairs receives the application, checks it, and issues a receipt clearly stating the date of receipt of the complete application. Within 10 working days from the date of receiving the complete application for license revocation from the enterprise, the Department of Labor, War Invalids and Social Affairs checks and reviews the enterprise's valid labor leasing contracts to require the leasing enterprise to settle the benefits for the workers in accordance with Article 29 of this Decree and submits the application to the Chairman of the Provincial People's Committee for license revocation;

c) Within 07 working days from the date of receiving the dossier from the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall decide to revoke the license. The decision to revoke the license shall be in accordance with Form No. 08/PLIII, Appendix III issued together with this Decree.

4. The procedures for revoking licenses in the cases specified in points c, d, e, and f of Clause 1 of this Article shall be as follows:

a) Upon discovering that a subleasing enterprise falls under the cases specified in points c, d, e, and f of Clause 1 of this Article, the Department of Labor, War Invalids and Social Affairs where the enterprise is headquartered shall conduct an inspection, collect relevant evidence, and submit a request to the Chairman of the Provincial People's Committee to revoke the license;

b) Within 07 working days from the date of receiving the dossier from the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall decide to revoke the enterprise's license;

c) Within 03 working days from the date of receiving the decision to revoke the license, the subleasing enterprise is responsible for returning the license to the Provincial People's Committee.

5. Businesses that sublease will not be granted a license for a period of 05 years from the date their license is revoked due to violations of the provisions in points c, d, e, and f of Clause 1 of this Article.

Article 29. Responsibilities of subleasing enterprises in case of license revocation or refusal to renew or reissue the license.

Within 15 working days from the date of receiving the document from the Chairman of the Provincial People's Committee regarding the refusal to renew, reissue, or revoke the license, the labor leasing enterprise shall liquidate all ongoing labor leasing contracts, resolve the legitimate rights and interests of leased workers and the lessor in accordance with labor laws, and publicly publish the termination of labor leasing activities on at least one licensed online newspaper for 07 consecutive days.

Article 30. List of jobs that can be performed through labor leasing.

The list of jobs that can be performed through labor leasing is specified in Appendix II attached to this Decree.

Section 4. RESPONSIBILITIES OF ORGANIZATIONS REGARDING LABOR LEASING

Article 31. Responsibilities of the subleasing enterprise

1. The original license must be publicly displayed at the head office, and certified copies of the original license must be posted at the branches and representative offices (if any) of the sub-leasing enterprise. If the enterprise operates in a different province, it must send a certified copy of the license to the Department of Labor, War Invalids and Social Affairs of that province for monitoring and management.

2. Every six months and annually, report on the labor leasing activities using Form No. 09/PLIII, Appendix III issued with this Decree, to the Chairman of the Provincial People's Committee and the Department of Labor, War Invalids and Social Affairs where the enterprise is headquartered; simultaneously, report to the Department of Labor, War Invalids and Social Affairs in the province where the enterprise operates labor leasing activities on the labor leasing situation in that area, in cases where the enterprise leases labor to another province. The six-month report must be submitted before June 20th and the annual report before December 20th.

3. Promptly report any incidents related to labor leasing activities to the competent local government agency or as requested by the state labor management agency.

4. Fully fulfill the responsibilities of the subleasing enterprise as stipulated in Article 56 of the Labor Code and this Chapter.

Article 32. Responsibilities of the deposit-receiving bank

1. Comply strictly with regulations regarding opening escrow accounts, depositing escrow funds, using escrow accounts of the leasing enterprise, and other regulations related to these accounts.

2. Periodically, on a quarterly basis, the enterprise leasing out the leased property shall report on the deposit status according to Form No. 11/PLIII, Appendix III issued with this Decree, to the State Bank of Vietnam branch, the province/city directly under the Central Government, the Chairman of the People's Committee of the province, and the Department of Labor, War Invalids and Social Affairs where the enterprise is headquartered, before the 15th of the first month of the following quarter.

3. Fully fulfill the responsibilities of the deposit-receiving bank as stipulated in this Chapter.

Article 33. Responsibilities of the Department of Labour, War Invalids and Social Affairs

1. Disseminate and publicize legal regulations on labor and labor leasing to employers, employees, and relevant agencies and organizations in the area.

2. To guide, inspect, audit, and supervise the implementation of legal regulations on labor leasing in the area.

3. Monitor, compile, and report periodically (every six months and annually) on the situation of deposit payments and issuance of licenses for labor leasing activities within the managed area according to Form No. 10/PLIII, Appendix III issued with this Decree, to the Chairman of the Provincial People's Committee and the Ministry of Labor, War Invalids and Social Affairs. The six-month report must be submitted before July 20th and the annual report before January 20th of the following year.

4. Fully fulfill the responsibilities of the Department of Labor, War Invalids and Social Affairs as stipulated in this Chapter.

Article 34. Responsibilities of the Chairman of the Provincial People's Committee

1. Send notifications regarding the issuance, renewal, re-issuance, and revocation of licenses to the Ministry of Labour, Invalids and Social Affairs within 05 working days from the date of issuance, renewal, re-issuance, or revocation of the license for monitoring and management. Simultaneously, send a notification to the Chairman of the People's Committee of the province where the enterprise was previously licensed in cases where the labor leasing enterprise changes its head office address to a different province than where the license was originally issued.

2. Publish information on the website of the provincial People's Committee regarding enterprises that have been granted, renewed, reissued, or had their labor leasing licenses revoked.

3. Fully fulfill the responsibilities of the Chairman of the Provincial People's Committee as stipulated in this Chapter.

Article 35. Responsibilities of the Ministry of Labour, Invalids and Social Affairs

1. Disseminate information, provide guidance, conduct inspections, and monitor the implementation of labor laws regarding labor leasing.

2. Compile and publicly disclose the list of businesses that have been granted, renewed, reissued, or had their licenses revoked on the website of the Ministry of Labour, Invalids and Social Affairs.

3. Fully fulfill the responsibilities of the Ministry of Labour, Invalids and Social Affairs as stipulated in this Chapter.

Article 36. Responsibilities of the State Bank of Vietnam

Conduct inspections, audits, and supervision of banks receiving deposits regarding the deposit and management of funds from leasing businesses in accordance with the law.

Chapter V

WORKPLACE DIALOGUE

Section 1. ORGANIZING DIALOGUE IN THE WORKPLACE

Article 37. Responsibility for organizing workplace dialogue

1. Employers are responsible for coordinating with the employee representative organization at the workplace (if any) to organize workplace dialogue as stipulated in Clause 2, Article 63 of the Labor Code.

In workplaces where employees are not members of a labor representative organization, the employer is responsible for coordinating with the labor representative organization (if any) to guide, support, and facilitate these employees in choosing their own representatives (hereinafter referred to as the employee dialogue representative group) to participate in dialogue with the employer as stipulated in Clause 2, Article 63 of the Labor Code. The number of members of the employee dialogue representative group is determined according to Clause 2, Article 38 of this Decree.

2. Employers are responsible for specifying the following key contents in the regulations on grassroots democracy at the workplace to organize workplace dialogue as prescribed in Clause 2, Article 63 of the Labor Code:

a) Principles of dialogue in the workplace;

b) The number and composition of participants in the dialogue from each side shall be as stipulated in Article 38 of this Decree;

c) The number and timing of annual periodic dialogues;

d) Methods for organizing regular dialogues, dialogues upon request from one or more parties, and dialogues in response to specific incidents;

d) Responsibilities of the parties participating in dialogue as stipulated in Clause 2, Article 63 of the Labor Code;

e) The application of the provisions of Article 176 of the Labor Code to representatives participating in dialogue on behalf of employees who are not members of the leadership board of the employee representative organization at the workplace;

g) Other content (if any).

3. In addition to the provisions in Clauses 1 and 2 of this Article, the employer has the responsibility to:

a) Appoint a representative from the employer to participate in workplace dialogue as required by regulations;

b) Arrange the location, time, and other necessary physical conditions for organizing workplace dialogues;

c) Report on the implementation of dialogue and democratic regulations at the workplace to the state labor management agency when requested.

4. The employee representative organization at the workplace and the employee dialogue representative group have the following responsibilities:

a) Appoint representatives to participate in dialogue as prescribed;

b) Provide input to the employer regarding the content of regulations on grassroots democracy in the workplace;

c) Gather feedback from employees, synthesize it, and prepare the content for the dialogue proposal;

d) Participate in dialogue with employers as prescribed in Clause 2, Article 63 of the Labor Code, this Decree, and the regulations on grassroots democracy at the workplace.

5. Encourage employers and employees, and employee representative organizations, to conduct dialogue beyond the cases stipulated in Clause 2, Article 63 of the Labor Code, in accordance with the conditions of production, business, and labor organization at the workplace and the specific regulations in the grassroots democracy regulations at the workplace.

Article 38. Number and composition of participants in the dialogue

The number and composition of participants in the dialogue as stipulated in Clause 2, Article 63 of the Labor Code are as follows:

1. On the employer's side

Based on production, business, and labor organization conditions, the employer decides the number and composition of representatives to participate in the dialogue, ensuring at least three people, including the employer's legal representative, as stipulated in the regulations on grassroots democracy at the workplace.

2. The employee's side

a) Based on production and business conditions, labor organization, labor structure and number, and gender equality factors, the employee representative organization at the workplace and the employee dialogue representative group shall determine the number and composition of participants in the dialogue, but must ensure the following numbers:

a1) At least 03 people, if the employer employs fewer than 50 workers;

a2) At least 04 to 08 people, if the employer employs between 50 and fewer than 150 workers;

a3) At least 09 to 13 people, if the employer employs between 150 and fewer than 300 workers;

a4) At least 14 to 18 people, if the employer employs between 300 and fewer than 500 workers;

a5) At least 19 to 23 people, if the employer employs between 500 and fewer than 1.000 workers;

a6) At least 24 people, if the employer employs 1.000 or more workers.

b) Based on the number of employee representatives stipulated in point a) of this clause, the employee representative organization at the workplace and the employee dialogue representative group shall determine the corresponding number of representatives participating in the dialogue according to the ratio of members of their organization and group to the total number of employees of the employer.

3. The list of representatives participating in dialogue on behalf of both the employer and the employee, as stipulated in Clauses 1 and 2 of this Article, shall be determined periodically, at least once every two years, and publicly announced at the workplace. Between these two periods, if any representative is unable to continue participating, the employer or each employee representative organization or group shall consider and decide to add a replacement member from their organization or group and publicly announce this at the workplace.

4. When conducting dialogue as stipulated in Clause 2, Article 63 of the Labor Code, in addition to the dialogue participants specified in Clause 3 of this Article, both parties agree to invite all or some relevant employees to participate in the dialogue, ensuring the participation of female labor representatives when discussing issues related to the rights and interests of female workers as stipulated in Clause 2, Article 136 of the Labor Code.

Article 39. Organizing regular workplace dialogues

1. Employers are responsible for coordinating with employee representative organizations at the workplace and employee dialogue representative groups to organize periodic dialogues as stipulated in point a, clause 2, Article 63 of the Labor Code and the regulations on grassroots democracy at the workplace.

2. Participants in the periodic dialogue shall be representatives of both sides as stipulated in Clause 3, Article 38 of this Decree. The time, location, and method of organizing the periodic dialogue shall be arranged by both sides in accordance with actual conditions and the regulations on grassroots democracy at the workplace.

3. At least five working days before the start of the regular dialogue, the parties are responsible for sending the dialogue content to the participating parties.

4. Periodic dialogues may only be conducted when the employer's side is represented by its legal representative or authorized person, and the employee's side is represented by more than 70% of the total number of representatives as stipulated in Clause 3, Article 38 of this Decree. The proceedings of the dialogue must be recorded in minutes and signed by the employer's legal representative or authorized person, the representative of each employee representative organization (if any), and the representative of the employee dialogue representative group (if any).

5. No later than three working days after the conclusion of the dialogue, the employer is responsible for publicly announcing the main contents of the dialogue at the workplace; the employee representative organization (if any), or the employee dialogue representative group (if any) shall disseminate the main contents of the dialogue to its member employees.

Article 40. Organizing dialogue upon request from one or more parties.

1. Dialogue shall be organized upon request from one or more parties when the content of the dialogue request from the requesting party meets the following conditions:

a) For the employer, the content of the dialogue request must be agreed upon by the employer's legal representative;

b) For the employee side, the content of the dialogue request must be agreed upon by at least 30% of the employee representatives participating in the dialogue as stipulated in Clause 3, Article 38 of this Decree.

2. No later than 05 working days from the date of receiving the request for dialogue as stipulated in Clause 1 of this Article, the party receiving the request for dialogue must provide a written response, agreeing on the time and place for organizing the dialogue. The employer and the representative of the employee in charge of the dialogue are responsible for coordinating and organizing the dialogue.

3. The proceedings of the dialogue must be recorded in minutes and signed by representatives of the parties participating in the dialogue, as stipulated in Clause 4, Article 39 of this Decree.

4. No later than three working days after the conclusion of the dialogue, the employer is responsible for publicly announcing the main contents of the dialogue at the workplace; the employee representative organization (if any), or the employee dialogue representative group (if any) shall disseminate the main contents of the dialogue to its member employees.

Article 41. Organizing dialogue when incidents occur.

1. Regarding cases where the employer must consult and exchange opinions with the employee representative organization at the workplace on regulations for evaluating job performance as stipulated in point a, clause 1, Article 36; termination of employment for employees as stipulated in Article 42; labor utilization plan as stipulated in Article 44; wage scale, salary table and labor norms as stipulated in Article 93; bonus regulations as stipulated in Article 104 and internal labor regulations as stipulated in Article 118 of the Labor Code, the following procedures shall be implemented:

a) The employer is responsible for sending written documents containing the content to be discussed and exchanged with the representatives of the employee side participating in the dialogue;

b) Members representing the workers in the dialogue are responsible for organizing the collection of opinions from the workers they represent and compiling them into a written document for each worker representative organization at the workplace and for each worker dialogue group to send to the employer; if the content of the dialogue relates to the rights and interests of female workers, their opinions must be taken into account;

c) Based on the opinions of employee representative organizations at the workplace and employee dialogue representative groups, employers shall organize dialogues to discuss, exchange opinions, consult, and share information on the issues raised by the employer;

d) The number, composition of participants, time, and location of the dialogue shall be determined by both parties in accordance with the regulations on grassroots democracy at the workplace;

d) The proceedings of the dialogue must be recorded in minutes and signed by representatives of the parties participating in the dialogue as prescribed in Clause 4, Article 39 of this Decree;

e) No later than 03 working days after the conclusion of the dialogue, the employer is responsible for publicly announcing the main contents of the dialogue at the workplace; the employee representative organization (if any), or the employee dialogue representative group (if any) shall disseminate the main contents of the dialogue to the employee members.

2. Regarding the temporary suspension of an employee's work as stipulated in Clause 1, Article 128 of the Labor Code, the employer and the employee representative organization of which the suspended employee is a member may exchange information in writing or through direct communication between representatives participating in the dialogue from the employer's side and representatives from the employee representative organization.

Section 2. IMPLEMENTING DEMOCRACY AT THE GRASSROOTS LEVEL IN THE WORKPLACE

Article 42. Principles for implementing grassroots democracy regulations in the workplace.

1. Goodwill, cooperation, honesty, equality, openness, and transparency.

2. Respect the legitimate rights and interests of employees, employers, and other relevant organizations and individuals.

3. The implementation of democratic regulations at the workplace must not violate the law and social ethics.

Article 43. Content and form that employers must disclose

1. Employers must disclose the following information to their employees:

a) The production and business situation of the employer;

b) Labor regulations, wage scales, salary tables, labor norms, internal rules, regulations and other documents of the employer relating to the rights, obligations and responsibilities of employees;

c) Collective labor agreements in which the employer participates;

d) The allocation and use of reward funds, welfare funds, and other funds contributed by employees (if any);

d) Deductions and payments of trade union fees, social insurance, health insurance, and unemployment insurance contributions;

e) The situation regarding the implementation of emulation, commendation, discipline, and the resolution of complaints and denunciations related to the rights, obligations, and interests of employees;

g) Other contents as prescribed by law.

2. For matters stipulated in Clause 1 of this Article where the law specifically prescribes the form of public disclosure, the employer shall disclose them in accordance with those regulations. If the law does not specifically prescribe the form of public disclosure, the employer shall, based on the characteristics of production, business, labor organization, and the content to be disclosed, choose one of the following forms and reflect it in the regulations on grassroots democracy at the workplace as prescribed in Article 48 of this Decree:

a) Publicly posted at the workplace;

b) Information is provided at meetings and dialogues between employers and employee representative organizations at the workplace, and employee dialogue representative groups;

c) Provide written notification to the employee representative organization at the workplace so that they can inform the employees;

d) Announcement via internal information system;

d) Other forms not prohibited by law.

Article 44. Content and forms of employee participation in providing feedback.

1. Employees have the right to provide feedback on the following matters:

a) To develop, amend, and supplement internal regulations, rules, and other documents of the employer related to the rights, obligations, and benefits of employees;

b) Develop, revise, and supplement wage scales, salary tables, and labor norms; propose content for collective bargaining;

c) Propose and implement solutions to save costs, increase labor productivity, improve working conditions, protect the environment, and prevent fires and explosions;

d) Other matters related to the rights, obligations, and interests of employees as stipulated by law.

2. For matters stipulated in Clause 1 of this Article where the law specifically prescribes the form of employee participation in providing feedback, that provision shall be followed; in cases where the law does not specifically prescribe the form, employees shall, based on the characteristics of production, business, labor organization, the content of their participation in providing feedback, and the regulations on grassroots democracy at the workplace, choose one of the following forms:

a) Participate in providing feedback directly or through employee representative organizations at the workplace, employee dialogue representative groups at employee conferences, and workplace dialogue;

b) Submit feedback and suggestions directly;

c) Other forms that are not prohibited by law.

Article 45. Content and form of employment decided by the employee.

1. Employees have the right to decide on the following matters:

a) Concluding, amending, supplementing, and terminating labor contracts in accordance with the law;

b) To join or not to join a workers' representative organization at the workplace;

c) To participate or not participate in strikes as prescribed by law;

d) Voting on the content of the collective bargaining agreement reached in order to sign a collective labor agreement in accordance with the law;

d) Other contents as prescribed by law or as agreed upon by the parties.

2. The form of decision-making by employees shall comply with the provisions of the law.

Article 46. Content and forms of inspection and supervision of employees.

1. Employees are subject to inspection and supervision of the following aspects:

a) The implementation of individual labor contracts and collective bargaining agreements;

b) The implementation of labor regulations, rules, and other documents issued by the employer relating to the rights, obligations, and benefits of employees;

c) The use of reward funds, welfare funds, and funds contributed by employees;

d) The employer's deduction and payment of trade union fees, social insurance, health insurance, and unemployment insurance contributions;

d) Implementing emulation, reward, discipline, and resolving complaints and denunciations related to the rights, obligations, and interests of employees.

2. The forms of inspection and supervision by employees shall be carried out in accordance with the provisions of the law.

Article 47. Workers' Conference

1. The Workers' Conference is organized annually by the employer in coordination with the employee representative organization at the workplace (if any) and the employee dialogue representative group (if any), in the form of a plenary conference or a delegate conference.

2. The content of the employee conference shall comply with the provisions of Article 64 of the Labor Code and other matters agreed upon by both parties.

3. The form of conference organization, content, participants, time, location, procedures, responsibilities for implementation, and methods of disseminating the results of the employee conference shall comply with the regulations on grassroots democracy at the workplace as stipulated in Article 48 of this Decree.

Article 48. Responsibility for promulgating regulations on grassroots democracy in the workplace.

1. Employers are responsible for issuing regulations on grassroots democracy at the workplace to implement the provisions on workplace dialogue and grassroots democracy at the workplace as stipulated in this Decree.

2. When developing, amending, or supplementing regulations on grassroots democracy at the workplace, employers must consult with the employee representative organization at the workplace (if any) and the employee dialogue representative group (if any) to finalize and issue them. For suggestions from the employee representative organization at the workplace and the employee dialogue representative group that the employer does not accept, the reasons must be clearly stated.

3. Regulations on grassroots democracy in the workplace must be publicly disseminated to employees.

Chapter VI

SALARY

Section 1. NATIONAL WAGE COUNCIL

Article 49. Functions of the National Wage Council

The National Wage Council is established by a decision of the Prime Minister in accordance with Clause 2, Article 92 of the Labor Code to perform the function of advising the Government on:

1. Minimum wage established by region (including minimum monthly wage and minimum hourly wage).

2. The wage policy applied to employees is in accordance with the provisions of the Labor Code.

Article 50. Duties of the National Wage Council

1. Research, survey, collect information, analyze and evaluate the situation of wages, minimum living standards of workers, production and business activities of enterprises, labor supply and demand relations, employment, unemployment in the economy and other related factors as a basis for determining the minimum wage.

2. Prepare a report on the minimum wage for workers, taking into account the factors determining the minimum wage as stipulated in Clause 3, Article 91 of the Labor Code.

3. Review the minimum living standards of workers and their families, and define geographical zones for the application of the minimum wage as a basis for determining plans to adjust the minimum wage level periodically.

4. Annually, the organization negotiates and recommends to the Government a plan to adjust the minimum wage established by region (including the minimum monthly wage and the minimum hourly wage).

5. Advise and recommend to the Government on a number of general wage policies applicable to employees in various types of enterprises, agencies, organizations, and cooperatives as stipulated in the Labor Code.

Article 51. Organizational structure of the National Wage Council

1. The National Wage Council has 17 members, including: 05 members representing the Ministry of Labour, Invalids and Social Affairs; 05 members representing the Vietnam General Confederation of Labour; 05 members representing several central organizations representing employers; and 02 independent experts (hereinafter referred to as independent members). Among them:

a) The Chairman of the National Wage Council is a Deputy Minister of the Ministry of Labour, Invalids and Social Affairs;

b) Three Vice-Chairpersons of the National Wage Council, including: one Vice-Chairperson who is the Vice-Chairperson of the Vietnam General Confederation of Labor, one Vice-Chairperson who is the Vice-Chairperson of the Vietnam Chamber of Commerce and Industry, and one Vice-Chairperson who is the Vice-Chairperson of the Vietnam Cooperative Alliance;

c) The remaining members of the National Wage Council include: 04 members representing the Ministry of Labour, Invalids and Social Affairs; 04 members representing the Vietnam General Confederation of Labour; 03 members representing central employers' organizations (including 01 member representing the Vietnam Association of Small and Medium Enterprises, and 02 members representing two central industry associations with a large workforce); and 02 independent members who are experts and scientists in the fields of labour, wages, and socio-economics (excluding experts and scientists working at agencies, units, research institutes, and universities under the Ministry of Labour, Invalids and Social Affairs, the Vietnam General Confederation of Labour, and central employers' organizations).

2. The Prime Minister appoints and dismisses the Chairman and Vice-Chairmen of the National Wage Council as stipulated in points a and b of Clause 1 of this Article, and authorizes the Minister of Labour, Invalids and Social Affairs to appoint and dismiss other members of the National Wage Council as stipulated in point c of Clause 1 of this Article. The Chairman, Vice-Chairmen, and members of the National Wage Council work on a part-time basis. The term of appointment for members of the National Wage Council shall not exceed 05 years.

3. The National Wage Council has a Technical Department and a Standing Department to assist the Council and the Chairman in preparing technical reports related to the Council's tasks and carrying out the Council's administrative work. Members of the Technical Department and the Standing Department are from the agencies participating as members of the Council, and other relevant agencies and organizations, working on a part-time basis.

Article 52. Activities of the National Wage Council

1. The National Wage Council operates collectively through meetings chaired by the Council Chairman; discussions are democratic and transparent; and decisions are made based on majority voting.

2. The National Wage Council has its own seal and is managed by the Ministry of Labour, Invalids and Social Affairs in accordance with the law.

3. The operating budget of the National Wage Council is allocated in the annual recurrent expenditure budget of the Ministry of Labour, Invalids and Social Affairs and other legitimate funding sources as prescribed by law. The management, use, and settlement of the state budget shall comply with the provisions of the law on the state budget and guiding documents.

Article 53. Responsibilities regarding the establishment and operation of the National Wage Council

1. The President of the Vietnam General Confederation of Labor, the President of the Vietnam Chamber of Commerce and Industry, the President of the Vietnam Cooperative Alliance, and the President of the Vietnam Association of Small and Medium Enterprises shall appoint representatives to participate in the National Wage Council and submit the list to the Ministry of Labor, Invalids and Social Affairs for compilation.

2. The Chairman of the Vietnam Chamber of Commerce and Industry shall preside over and coordinate discussions with the Chairman of the Vietnam Cooperative Alliance to select and propose two central-level industry associations with a large workforce to appoint representatives to participate as members of the National Wage Council, in accordance with each period.

3. The Chairman of the National Wage Council is responsible for exchanging views with the Vice-Chairmen of the Council, proposing and selecting independent members of the Council to report to the Minister of Labour, Invalids and Social Affairs for consideration and appointment; and issuing the working regulations of the Council, the Technical Department, and the Standing Department of the Council.

4. The Minister of Labour, Invalids and Social Affairs shall submit to the Prime Minister a proposal to establish the National Wage Council; propose to the Prime Minister the appointment and dismissal of the Chairman and Vice-Chairmen of the National Wage Council; and decide on the appointment and dismissal of other members of the National Wage Council.

5. The Minister of Planning and Investment shall provide the results of surveys on living standards, labor and employment surveys, business surveys, and other relevant statistical data as requested by the National Wage Council.

Section 2. FORMS OF PAYMENT AND OVERTIME/NIGHT WORK WAGES

Article 54. Forms of wage payment

The form of wage payment as stipulated in Article 96 of the Labor Code is as follows:

1. Based on the nature of the work and production and business conditions, the employer and employee shall agree in the labor contract on the form of wage payment based on time, output, and piecework as follows:

a) Time-based wages are paid to employees on an hourly basis, based on the working time per month, week, day, or hour as agreed upon in the employment contract, specifically:

a1) Monthly salary is paid for one month of work;

a2) Weekly wages are paid for one week of work. If the employment contract stipulates monthly wages, the weekly wage is determined by multiplying the monthly wage by 12 months and dividing by 52 weeks;

a3) Daily wages are paid for one working day. If the labor contract stipulates monthly wages, the daily wage is determined by dividing the monthly salary by the number of normal working days in the month as stipulated by law and chosen by the enterprise. If the labor contract stipulates weekly wages, the daily wage is determined by dividing the weekly salary by the number of working days in the week as agreed in the labor contract;

a4) Hourly wages are paid for one hour of work. If the labor contract stipulates monthly, weekly, or daily wages, the hourly wage is determined by dividing the daily wage by the normal number of working hours in the day as prescribed in Article 105 of the Labor Code.

b) Piece-rate wages are paid to workers based on the quantity and quality of products completed according to labor standards and assigned product unit prices.

c) Piecework wages are paid to workers on a piecework basis, according to the volume and quality of work and the time required to complete it.

2. The wages of employees under the forms of payment stipulated in Clause 1 of this Article shall be paid in cash or through the employee's personal bank account. The employer must pay all fees related to opening the account and transferring wages when choosing to pay wages through the employee's personal bank account.

Article 55. Overtime pay

Overtime pay, as stipulated in Clause 1, Article 98 of the Labor Code, is regulated as follows:

1. For employees paid on an hourly basis, overtime pay is granted for working outside of normal working hours as stipulated by the employer in accordance with Article 105 of the Labor Code, and is calculated using the following formula:

Overtime pay

=

The actual hourly wage for the work performed on a normal workday.

x

At least 150% or 200% or 300%

x

Overtime hours

In which:

a) The actual hourly wage for the work performed on a normal working day is determined by dividing the actual wage for the work performed during the month, week, or day in which the employee works overtime (excluding overtime pay, night work pay, holiday pay, pay for paid leave as stipulated in the Labor Code; bonuses as stipulated in Article 104 of the Labor Code, innovation bonuses; meal allowances, allowances for fuel, telephone, travel, housing, childcare, and raising young children; support for the death of a family member, the marriage of a family member, the employee's birthday, occupational diseases, and other allowances and subsidies not related to the performance of work or job title in the labor contract) by the total actual working hours corresponding to the month, week, or day in which the employee works overtime (not exceeding the number of normal working days in the month and the number of normal working hours in one day or one week). (according to the regulations of the law chosen by the business and excluding overtime hours);

b) At least 150% of the actual hourly wage for the work performed on a normal workday, applicable to overtime hours on weekdays; at least 200% of the actual hourly wage for the work performed on a normal workday, applicable to overtime hours on weekly rest days; at least 300% of the actual hourly wage for the work performed on a normal workday, applicable to overtime hours on public holidays, Tet holidays, and paid leave days, not including the holiday pay for employees paid on a daily basis.

2. For workers paid on a piece-rate basis, overtime pay is granted for working outside of normal working hours to produce an additional quantity or volume of products beyond the labor quota agreed upon with the employer, calculated using the following formula:

Overtime pay

=

The piece-rate wage for a normal workday.

x

At least 150% or 200% or 300%

x

Number of extra products

In which:

The minimum wage rate is 150% of the normal daily wage rate for products produced on weekdays; 200% of the normal daily wage rate for products produced on weekly rest days; and 300% of the normal daily wage rate for products produced on public holidays, Tet (Lunar New Year), and other paid leave days.

3. Employees who work overtime on holidays that coincide with weekly days off are entitled to overtime pay for working on holidays. If overtime is worked on a compensatory day off when a holiday coincides with a weekly day off, the employee is entitled to overtime pay for working on a weekly day off.

Article 56. Night shift wages

Night shift wages, as stipulated in Clause 2, Article 98 of the Labor Code, are calculated using the following formula:

1. For employees paid on an hourly basis, night shift pay is calculated as follows:

Night shift pay

=

The actual hourly wage for the work performed on a normal workday.

+

The actual hourly wage for the work performed on a normal workday.

x

At least 30%

x

Number of hours worked at night

In which: The actual hourly wage for the work being performed on a normal working day is determined according to point a, clause 1, Article 55 of this Decree.

2. For workers paid on a piece-rate basis, night shift wages are calculated as follows:

Night shift pay

=

The piece-rate wage for a normal workday.

+

The piece-rate wage for a normal workday.

x

At least 30%

x

Number of products made at night

Article 57. Overtime pay for night work

Workers who work overtime at night, as stipulated in Clause 3, Article 98 of the Labor Code, are entitled to wages calculated according to the following formula:

1. For employees paid on an hourly basis, overtime pay for night work is calculated as follows:

Overtime pay for night work

=

The actual hourly wage for the work performed on a normal workday.

x

At least 150% or 200% or 300%

+

The actual hourly wage for the work performed on a normal workday.

x

At least 30%

+

20%

x

Hourly wages during the daytime on a normal workday, a weekly rest day, or a public holiday, or a paid day off.

x

Number of overtime hours at night

In which:

a) The actual hourly wage for the work being performed on a normal working day is determined according to point a, clause 1, Article 55 of this Decree;

b) The hourly wage during daytime hours on a normal workday, a weekly rest day, or a public holiday, or a paid day off, is determined as follows:

b1) The hourly wage during the daytime of a normal working day shall be calculated at least at 100% of the actual hourly wage for the work performed on a normal working day if the employee does not work overtime during the day of that day (before working overtime at night); and at least at 150% of the actual hourly wage for the work performed on a normal working day if the employee does work overtime during the day of that day (before working overtime at night).

b2) Hourly wages during the daytime on weekly rest days shall be calculated at least at 200% of the actual hourly wage for the work performed on a normal working day;

b3) Hourly wages during daytime hours on public holidays, Tet holidays, and paid days off shall be calculated at least at 300% of the actual hourly wage for the work performed on a normal working day.

2. For workers paid on a piece-rate basis, overtime pay for night work is calculated as follows:

Overtime pay for night work

=

The piece-rate wage for a normal workday.

x

At least 150% or 200% or 300%

+

The piece-rate wage for a normal workday.

x

At least 30%

+

20%

x

The unit price of piece-rate wages during the daytime of a normal workday, a weekly rest day, or a public holiday, or a paid day off.

x

Number of products made at night

In this context, the unit price of product-based wages during the daytime of a normal working day, a weekly rest day, or a public holiday, or a paid day off, is determined as follows:

a) The unit price of piece-rate wages during the daytime of a normal working day shall be calculated at least at 100% of the unit price of piece-rate wages for a normal working day if the employee does not work overtime during the day of that day (before working overtime at night); and at least at 150% of the unit price of piece-rate wages for a normal working day if the employee works overtime during the day of that day (before working overtime at night).

b) The unit price of piece-rate wages during the daytime on weekly rest days shall be calculated at least at 200% of the unit price of piece-rate wages on normal working days;

c) The unit price of piece-rate wages during daytime hours on public holidays, Tet holidays, and paid days off shall be calculated at least at 300% of the unit price of piece-rate wages on normal working days.

Chapter VII

WORKING HOURS, REST PERIODS

Article 58. Time counted as paid working time

1. Break time is regulated by Clause 2, Article 64 of this Decree.

2. Take breaks as needed for the job.

3. Necessary rest periods during work have been factored into the labor standards to meet the natural physiological needs of human beings.

4. Rest periods for female employees during pregnancy or while raising children under 12 months old, and during menstruation, as stipulated in Clauses 2 and 4 of Article 137 of the Labor Code.

5. Time off is not due to the employee's fault.

6. Time spent on meetings, study sessions, and training courses at the request of the employer or with the employer's consent.

7. The time that apprentices or trainees spend directly working or participating in labor as prescribed in Clause 5, Article 61 of the Labor Code.

8. The time that employees who are members of the leadership board of the employee representative organization at the workplace may use to perform duties as prescribed in Clauses 2 and 3 of Article 176 of the Labor Code.

9. Time spent on health examinations, occupational disease screenings, and medical assessments to determine the degree of disability due to work accidents or occupational diseases, if such time is spent as arranged or requested by the employer.

10. Time spent registering, undergoing medical examinations, and health checks for military service, if that time is paid in full according to the law on military service.

Article 59. Employee consent for overtime work

1. Except for the cases stipulated in Article 108 of the Labor Code, in other cases where overtime work is organized, the employer must obtain the consent of the employees participating in the overtime work on the following matters:

a) Overtime hours;

b) Location of additional work;

c) Part-time work.

2. In cases where the employee's consent is signed in a separate document, please refer to Form No. 01/PLIV in Appendix IV issued with this Decree.

Article 60. Limits on overtime hours

1. The total number of overtime hours shall not exceed 50% of the normal working hours in one day when working overtime on a normal working day, except as stipulated in Clauses 2 and 3 of this Article.

2. In cases where the 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.

3. In the case of part-time work as stipulated in Article 32 of the Labor Code, the total number of normal working hours and overtime hours shall not exceed 12 hours in one day.

4. The total number of overtime hours shall not exceed 12 hours in a day, when working overtime on public holidays, Tet holidays, and weekly days off.

5. The time stipulated in Clause 1 of Article 58 of this Decree shall be deducted when calculating the total number of overtime hours in the month and in the year to determine compliance with the provisions of points b and c of Clause 2, Article 107 of the Labor Code.

Article 61. Cases where overtime work is permitted from over 200 hours to 300 hours per year.

In addition to the cases stipulated in points a, b, c, and d of Clause 3, Article 107 of the Labor Code, the following cases may organize overtime work from over 200 hours to 300 hours per year:

1. Cases requiring urgent and unavoidable action arising from objective factors directly related to official duties in state agencies and units, except for cases stipulated in Article 108 of the Labor Code.

2. Provision of public services; medical examination and treatment services; education and vocational training services.

3. Direct production and business activities at enterprises shall not exceed 44 hours of normal working time per week.

Article 62. Notification regarding the organization of overtime work exceeding 200 hours but not exceeding 300 hours per year.

1. When an organization provides overtime work exceeding 200 hours but not exceeding 300 hours per year, the employer must notify the Department of Labor, War Invalids and Social Affairs in the following locations:

a) Where the employer organizes overtime work ranging from over 200 hours to 300 hours per year;

b) The location of the head office, if the head office is located in a province or centrally-governed city different from where the employer organizes overtime work exceeding 200 hours but not exceeding 300 hours per year.

2. Notification must be made no later than 15 days after the date of working overtime exceeding 200 hours but not exceeding 300 hours in a year.

3. Notification document in accordance with Form No. 02/PLIV, Appendix IV, issued together with this Decree.

Article 63. Shift work and shift work organization

1. A shift is the period of time an employee works from the moment they begin receiving their assignment until they finish and hand over their duties to another person, including both working time and break time.

2. Shift work is the arrangement where at least two people or two groups of people take turns working at the same workstation for a period of one day (24 consecutive hours).

3. In cases where continuous shift work is permitted to include breaks in working hours as stipulated in Clause 1, Article 109 of the Labor Code, the shift work must meet the following conditions as stipulated in Clause 2 of this Article:

a) Workers who work shifts of 06 hours or more;

b) The transition time between two consecutive shifts shall not exceed 45 minutes.

Article 64. Breaks during working hours

1. The break time of at least 45 consecutive minutes, as stipulated in Clause 1, Article 109 of the Labor Code, applies to employees working 06 hours or more in a day, including at least 03 hours of work during nighttime hours as stipulated in Article 106 of the Labor Code.

2. Break time is counted as working time in the case of continuous shift work as stipulated in Clause 3, Article 63 of this Decree, provided it is at least 30 minutes, and in the case of night work, it is counted as at least 45 minutes.

3. Employers determine the timing of breaks during working hours, but these breaks may not be scheduled at the beginning or end of a shift.

4. Except for the case of continuous shift work as stipulated in Clause 3, Article 63 of this Decree, the parties are encouraged to negotiate break times to be included in working hours.

Article 65. Time considered as working time for calculating the number of annual leave days for employees.

1. The apprenticeship/training period is regulated by Article 61 of the Labor Code if, after the apprenticeship/training period ends, the employee works for the employer.

2. The probationary period if the employee continues to work for the employer after the probationary period has ended.

3. Paid leave for personal reasons as stipulated in Clause 1, Article 115 of the Labor Code.

4. Unpaid leave, if agreed upon by the employer, must not exceed one month in a year.

5. Time off due to work-related accidents or occupational diseases, but the cumulative time off must not exceed 6 months.

6. Time off due to illness, but not exceeding 02 months in a year.

7. The duration of maternity leave is as stipulated by the law on social insurance.

8. The time spent performing tasks of the employee representative organization at the workplace that is counted as working time according to the law.

9. Time off or suspension of work not caused by the employee's fault.

10. Time off due to temporary suspension from work, but which is subsequently concluded to be free from violations or disciplinary action.

Article 66. Calculation of annual leave in certain special cases

1. The number of annual leave days for employees who have worked for less than 12 months as stipulated in Clause 2, Article 113 of the Labor Code is calculated as follows: take the number of annual leave days plus the number of additional leave days based on seniority (if any), divide by 12 months, and multiply by the actual number of months worked in the year to calculate the number of annual leave days.

2. In cases where an employee has not worked a full month, if the total number of working days and paid leave days (public holidays, annual leave, and paid personal leave as stipulated in Articles 112, 113, 114, and 115 of the Labor Code) accounts for 50% or more of the normal working days in the month as agreed upon, then that month shall be counted as one working month for the purpose of calculating annual leave.

3. The entire time an employee works at agencies, organizations, and units in the state sector and state-owned enterprises is counted as working time for calculating additional annual leave days as stipulated in Article 114 of the Labor Code if the employee continues to work at agencies, organizations, and units in the state sector and state-owned enterprises.

Article 67. Travel expenses, wages during travel, wages for annual leave and other paid leave days.

1. Travel expenses and wages for days spent traveling outside of annual leave as stipulated in Clause 6, Article 113 of the Labor Code shall be agreed upon by both parties.

2. The salary used as the basis for paying employees for holidays, annual leave, and paid personal leave as stipulated in Article 112, Clauses 1 and 2 of Article 113, Article 114, and Clause 1 of Article 115 of the Labor Code is the salary specified in the labor contract at the time the employee takes holiday, annual leave, or paid personal leave.

3. The salary used as the basis for paying employees for unused annual leave days or days not fully taken as stipulated in Clause 3, Article 113 of the Labor Code is the salary according to the labor contract for the month immediately preceding the month in which the employee terminates their employment or loses their job.

Article 68. Certain jobs have special characteristics regarding working hours and rest periods.

1. In addition to jobs of a special nature as stipulated in Article 116 of the Labor Code, other jobs with special working hours and rest periods include:

a) Tasks related to disaster prevention, fire prevention, and disease control;

b) Jobs in the field of physical education and sports;

c) Production of medicines, vaccines, and biological products;

d) Operating, maintaining, and repairing gas distribution pipeline systems and gas facilities.

2. The Minister of Labour, Invalids and Social Affairs shall specify the working hours and rest periods for workers engaged in seasonal production work and order-based processing work.

3. Ministries and agencies shall specify working hours and rest periods for jobs of a special nature as stipulated in Article 116 of the Labor Code and Clause 1 of this Article after consultation with the Ministry of Labor, War Invalids and Social Affairs.

Chapter VIII

LABOR DISCIPLINE AND MATERIAL RESPONSIBILITY

Article 69. Labor Regulations

The labor regulations in Article 118 of the Labor Code are stipulated as follows:

1. Employers must issue labor regulations. If employing 10 or more workers, the labor regulations must be in writing. If employing fewer than 10 workers, written labor regulations are not mandatory, but provisions regarding labor discipline and material liability must be agreed upon in the labor contract.

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 and rest periods: regulations specify normal working hours per day and per week; work shifts; start and end times of work shifts; overtime (if any); overtime in special circumstances; timing of breaks outside of regular work breaks; shift change breaks; weekly rest days; annual leave, personal leave, unpaid leave;

b) Order in the workplace: regulations on work areas and movement during working hours; code of conduct and dress code; compliance with assignments and directives from the employer;

c) Occupational safety and hygiene at the workplace: responsibility for complying with regulations, rules, procedures, and measures to ensure occupational safety and hygiene, fire prevention and control; using and maintaining personal protective equipment and equipment to ensure occupational safety and hygiene at the workplace; cleaning, disinfecting, and sterilizing the workplace;

d) Prevention and combating sexual harassment in the workplace; procedures for handling acts of sexual harassment in the workplace: employers shall regulate the prevention and combating of sexual harassment in accordance with Article 85 of this Decree;

d) Protecting the assets and business secrets, technological secrets, and intellectual property of the employer: specifying the list of assets, documents, technological secrets, business secrets, and intellectual property; responsibilities and measures to be applied to protect assets and secrets; acts of infringement of assets and secrets;

e) Cases where employees may be temporarily transferred to work different from their employment contract: specific regulations are provided for cases where, due to production and business needs, employees may be temporarily transferred to work different from their employment contract as stipulated in Clause 1, Article 29 of the Labor Code;

g) Labor discipline violations by employees and forms of labor discipline disciplinary action: specifying labor discipline violations; forms of labor discipline disciplinary action corresponding to the violations;

h) Material liability: specifies cases requiring compensation for damages caused by damaging tools, equipment, or engaging in acts that cause property damage; for the loss of tools, equipment, or property, or for excessive consumption of materials; the amount of compensation corresponding to the extent of the damage; and the person authorized to handle compensation claims.

i) Persons authorized to handle labor disciplinary matters: the person authorized to conclude labor contracts on the employer's side as stipulated in Clause 3, Article 18 of the Labor Code, or the person specifically designated in the labor regulations.

3. Before issuing or amending labor regulations, employers must consult with the employee representative organization at the workplace, if such an organization exists. The consultation with the employee representative organization at the workplace shall be conducted in accordance with the provisions of Clause 1, Article 41 of this Decree.

4. After issuance, the labor regulations must be sent to each employee representative organization at the workplace (if any) and communicated to all employees, while also posting the main contents in necessary locations at the workplace.

Article 70. Procedures for handling labor disciplinary actions.

The sequence and procedures for handling labor disciplinary actions as stipulated in Clause 6, Article 122 of the Labor Code are as follows:

1. When an employer discovers a worker's violation of labor discipline at the time the violation occurs, the employer shall draw up a violation report and notify the worker's representative organization at the workplace of which the worker is a member, or the legal representative of the worker under 15 years of age. If the employer discovers the labor discipline violation after the violation has occurred, they shall collect evidence to prove the worker's fault.

2. Within the statute of limitations for disciplinary action as stipulated in Clauses 1 and 2 of Article 123 of the Labor Code, the employer shall hold a meeting to handle disciplinary action as follows:

a) At least 05 working days before the date of the labor disciplinary meeting, the employer shall notify the participants as stipulated in points b and c, Clause 1, Article 122 of the Labor Code about the content, time, and location of the labor disciplinary meeting, the names of the person being disciplined, and the violations subject to disciplinary action, ensuring that these participants receive the notification before the meeting takes place;

b) Upon receiving notification from the employer, the parties required to attend the meeting as stipulated in points b and c of Clause 1, Article 122 of the Labor Code must confirm their attendance with the employer. If one of the required attendees is unable to attend the meeting at the announced time and place, the employee and the employer shall agree on a change to the meeting time and place; if the two parties cannot reach an agreement, the employer shall decide on the meeting time and place.

c) The employer shall hold a meeting to handle labor disciplinary matters at the time and place announced as stipulated in points a and b of this clause. If one of the required attendees as stipulated in points b and c of Clause 1, Article 122 of the Labor Code fails to confirm attendance or is absent, the employer shall still proceed with the meeting to handle labor disciplinary matters.

3. The content of the labor disciplinary meeting must be recorded in minutes, approved before the meeting ends, and signed by the attendees as stipulated in points b and c, Clause 1, Article 122 of the Labor Code. If someone does not sign the minutes, the person recording the minutes must clearly state their full name and the reason for not signing (if any) in the minutes.

4. Within the statute of limitations for labor disciplinary action as stipulated in Clauses 1 and 2 of Article 123 of the Labor Code, the person authorized to handle labor disciplinary action shall issue a decision on labor disciplinary action and send it to the parties required to attend as stipulated in Points b and c of Clause 1, Article 122 of the Labor Code.

Article 71. Procedures for handling compensation for damages.

The procedures for handling compensation for damages under Clause 2, Article 130 of the Labor Code are stipulated as follows:

1. When an employer discovers that an employee has damaged or lost tools, equipment, or property belonging to the employer, or other property entrusted to them by the employer, or has otherwise caused damage to the employer's property or consumed materials in excess of permitted limits, the employer shall request the employee to provide a written report on the incident.

2. Within the time limit for processing compensation for damages as stipulated in Article 72 of this Decree, the employer shall hold a meeting to process compensation for damages as follows:

a) At least 05 working days before the meeting to settle compensation for damages, the employer shall notify the parties required to attend the meeting, including: the parties specified in points b and c of Clause 1, Article 122 of the Labor Code, and the price appraiser (if any); ensuring that these parties receive the notification before the meeting takes place. The notification must clearly state the time and place of the meeting to settle compensation for damages; the full name of the person being compensated for damages and the violation committed;

b) Upon receiving notification from the employer, the parties required to attend the meeting as stipulated in point a) of this clause must confirm their attendance with the employer. If one of the parties is unable to attend the meeting at the announced time and place, the employee and the employer shall agree on a change to the meeting time and place; if the two parties cannot reach an agreement, the employer shall decide on the meeting time and place.

c) The employer shall hold a meeting to handle compensation for damages at the time and place announced as stipulated in points a and b of this clause. If one of the required attendees as stipulated in point a of this clause fails to confirm attendance or is absent, the employer shall still proceed with the meeting to handle compensation for damages in accordance with the law.

3. The content of the meeting to handle compensation for damages must be recorded in minutes, approved before the end of the meeting, and signed by the meeting participants as stipulated in point a, clause 2 of this Article. In case someone does not sign the minutes, the person recording the minutes shall clearly state their full name and the reason for not signing (if any) in the minutes.

4. The decision on compensation for damages must be issued within the statute of limitations for processing compensation claims. The decision on compensation for damages must clearly state the extent of the damage; the cause of the damage; the amount of compensation; the time limit and form of compensation; and must be sent to the parties required to attend the meeting as stipulated in point a, clause 2 of this Article.

5. Other cases of compensation for damages shall be governed by the provisions of the Civil Code.

Article 72. Statute of limitations for processing compensation for damages

The statute of limitations for processing compensation claims under Clause 2, Article 130 of the Labor Code is stipulated as follows:

1. The statute of limitations for processing compensation for damages is 06 months from the date the employee damages or loses tools, equipment, or property of the employer or other property entrusted by the employer, or commits other acts causing damage to the employer's property or consumes materials in excess of the permitted limits.

2. No compensation for damages shall be provided to employees during the period stipulated in Clause 4, Article 122 of the Labor Code.

3. Upon the expiration of the time limit stipulated in Clause 4, Article 122 of the Labor Code, if the statute of limitations has expired or is still valid but less than 60 days remain, the statute of limitations for processing compensation for damages may be extended, but not exceeding 60 days from the date the aforementioned time limit expires.

Article 73. 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 action unsatisfactory, have the right to file a complaint with the employer or with the competent authority as prescribed by the Government's regulations on resolving complaints in the field of labor, or to request the resolution of individual labor disputes according to the procedures stipulated in Section 2, Chapter XIV of the Labor Code.

In cases where an employer decides to impose disciplinary action in the form of dismissal in violation of the law, in addition to the obligations and responsibilities stipulated by the Government regarding the resolution of labor complaints or the resolution of individual labor disputes according to the procedures prescribed in Section 2, Chapter XIV of the Labor Code, the employer is also obligated to comply with the provisions of Article 41 of the Labor Code.

Chapter IX

WOMEN'S WORK AND ENSURING GENDER EQUALITY

Section 1. GENERAL PROVISIONS ON WOMEN'S WORK AND ENSURING GENDER EQUALITY

Article 74. Employers who employ a large number of female workers.

An employer that employs a large number of female workers is one that falls into one of the following categories:

1. Employing between 10 and under 100 female workers, where female workers account for 50% or more of the total workforce.

2. Employing between 100 and under 1.000 female workers, where female workers account for 30% or more of the total workforce.

3. Employ 1.000 or more female workers.

Article 75. Places with a large workforce

Areas with a high labor force are defined as follows:

1. Industrial parks, industrial clusters, export processing zones, economic zones, and high-tech zones (hereinafter referred to as industrial parks) that have 5.000 or more workers employed in enterprises and participating in social insurance within the industrial park area.

2. Communes, wards, and towns with 3.000 or more workers registered as permanent or temporary residents in that commune, ward, or town.

Article 76. Breast milk expression and storage rooms

A breast milk pumping and storage room is a private space, not a bathroom or toilet; it has electricity, water, a table, chairs, a refrigerator, and a fan or air conditioner; it is conveniently located, shielded from intrusion and the view of colleagues and the public, so that female workers can breastfeed or pump and store milk.

Article 77. Nurseries and kindergartens

Nurseries and kindergartens are early childhood education institutions as defined in Article 26 of the Education Law, including:

1. Nurseries and independent daycare centers accept children from 03 months to 03 years old.

2. Kindergartens and independent preschool classes accept children from 03 to 06 years old.

3. Preschools and independent preschool classes are educational institutions that combine nursery and kindergarten, accepting children from 03 months to 06 years old.

Section 2. ENSURING GENDER EQUALITY AND SPECIFIC PROVISIONS FOR FEMALE WORKERS

Article 78. Equal employment rights for workers, implementation of measures to ensure gender equality.

1. Equal rights for workers:

a) Employers are responsible for ensuring equal rights for female and male workers, and implementing measures to guarantee gender equality in recruitment, employment, training, wages, rewards, promotion, compensation, social insurance, health insurance, unemployment insurance, working conditions, occupational safety, working hours, rest periods, sick leave, maternity leave, and other material and spiritual welfare benefits;

b) The State guarantees equal rights for female and male workers, and implements measures to ensure gender equality in the areas specified in point a, clause 1 of this Article in labor relations.

2. Employers are responsible for consulting with female employees or their representatives when deciding on matters related to the rights, obligations, and interests of women. Consultation with female employee representatives shall be conducted in accordance with the provisions of Clause 1, Article 41 of this Decree.

3. The government encourages employers to:

a) Prioritize the recruitment and employment of women when they meet the qualifications and standards for jobs suitable for both men and women; prioritize the conclusion of new labor contracts for female workers when their labor contracts expire;

b) Implement policies and regulations for female workers that are better than those stipulated by law.

Article 79. Enhancing welfare and improving working conditions

1. Employers must ensure that there are adequate and suitable showers and toilets at the workplace in accordance with regulations of the Ministry of Health.

2. Encourage employers to cooperate with employee representative organizations at the workplace:

a) Develop and implement solutions to ensure regular employment for both male and female workers, including flexible work schedules, part-time work, work-from-home assignments, and skills training; female workers should receive additional vocational training suitable to their physical characteristics, physiology, and maternal functions;

b) Construct cultural, sports, health, housing, and other facilities to serve workers in areas with a high concentration of labor.

Article 80. Healthcare for female workers

1. During routine health check-ups, female workers will receive gynecological examinations according to the list of gynecological examinations issued by the Ministry of Health.

2. Encourage employers to allow pregnant female employees more time off for prenatal checkups than stipulated in Article 32 of the Social Insurance Law.

3. Time off during menstruation for female workers:

a) Female employees during menstruation are entitled to a 30-minute break each day, which is counted as working time and is still entitled to full salary as stipulated in the labor contract. The number of days of menstrual break is determined by mutual agreement between both parties, taking into account the actual working conditions and the needs of the female employee, but must be at least 03 working days per month; the specific time of the break each month is determined by the employee informing the employer.

b) If a female employee requests more flexible leave than stipulated in point a) of this clause, both parties shall agree to arrange leave that is suitable to the actual conditions at the workplace and the needs of the female employee;

c) If a female employee does not wish to take time off and the employer agrees to let her work, in addition to the salary she is entitled to as stipulated in point a of this clause, she will be paid extra for the work she performed during her time off, and this additional work time will not be counted as overtime.

4. Taking time off while caring for a child under 12 months old:

a) Female employees who are breastfeeding children under 12 months old have the right to a 60-minute break each day during working hours to breastfeed, express, store milk, or rest. This break time is still compensated with full salary as stipulated in the employment contract;

b) In cases where female employees require more flexible leave than stipulated in point a) of this clause, the employee shall negotiate with the employer to arrange leave that is suitable to the actual conditions at the workplace and the needs of the female employee;

c) If a female employee does not wish to take leave and the employer agrees to allow her to work, in addition to the salary she is entitled to as stipulated in point a of this clause, she shall be paid extra for the work she performed during her leave.

5. Employers are encouraged to install breast milk pumping and storage rooms that are suitable to the actual conditions at the workplace, the needs of female workers, and the employer's capabilities. Employers employing 1.000 or more female workers must install breast milk pumping and storage rooms at the workplace.

6. Employers are encouraged to create conditions for female employees with children aged 12 months or older to express and store breast milk at the workplace. The time off for expressing and storing breast milk should be agreed upon between the employee and the employer.

Article 81. Organizing nurseries and kindergartens in areas with a large workforce.

1. The provincial People's Committee is responsible for:

a) Allocate land for the construction of nurseries and kindergartens in areas with a large workforce, as part of the local land use plan;

b) Construct nurseries and kindergartens to ensure they meet the needs of workers;

c) Investing in infrastructure, constructing part or all of the facilities, or utilizing existing housing and infrastructure for organizations and individuals to rent out to establish nurseries and kindergartens to serve the needs of workers;

d) Directing the strict implementation of mechanisms and policies on the socialization of education, creating favorable conditions regarding land, loans, and administrative procedures for businesses, organizations, and individuals to invest in building nurseries and kindergartens to serve the needs of workers;

d) Fulfill the responsibilities of state management in education as prescribed by law.

2. Private and independent kindergartens and preschools located in areas with a large workforce are entitled to the policies applied to independent and private preschool education institutions in industrial zones as stipulated in Article 5 of Government Decree No. 105/2020/ND-CP dated September 8, 2020, on policies for the development of preschool education.

3. Preschool children of workers employed in workplaces with a large workforce are entitled to the same policies as preschool children of workers in industrial zones as stipulated in Article 8 of Government Decree No. 105/2020/ND-CP dated September 8, 2020, on policies for the development of preschool education.

4. Preschool teachers working in private or non-governmental nurseries and kindergartens in areas with a large workforce are entitled to the policies applicable to preschool teachers working in private or non-governmental preschool education institutions in industrial zones as stipulated in Article 10 of Government Decree No. 105/2020/ND-CP dated September 8, 2020, on policies for the development of preschool education.

5. Encourage employers to organize and build nurseries and kindergartens, or to partially support the construction costs of nurseries and kindergartens.

Article 82. Assistance and support from employers regarding childcare and preschool expenses for employees.

Based on specific circumstances, employers shall develop plans and programs to assist and support employees with children of preschool or kindergarten age in part with childcare costs, either in cash or in kind. The employer shall determine the amount and duration of support after consultation with the employee through workplace dialogue as stipulated in Articles 63 and 64 of the Labor Code and Chapter V of this Decree.

Article 83. Policies to support employers

1. Employers who invest in the construction of nurseries, kindergartens, medical facilities, cultural facilities, and other welfare facilities that meet the scale and standards stipulated in the policy on encouraging socialized activities are entitled to incentives as prescribed in the policy on encouraging socialized activities in the fields of education, vocational training, health, culture, sports, and environment.

In the case of investing in the construction of housing for workers, the company is entitled to preferential policies as stipulated in the Housing Law.

In the case of investing in or organizing nurseries and kindergartens, the rental fees for facilities may be waived or reduced.

2. Employers receive the following support from the State:

a) Employers who employ a large number of female workers are entitled to tax reductions as stipulated by tax laws;

b) Additional expenses for female workers, ensuring gender equality and preventing and combating sexual harassment in the workplace as stipulated in this Decree shall be included in deductible expenses when determining taxable income for corporate income tax purposes, as prescribed by the Ministry of Finance.

Section 3. PREVENTION AND COMBATING SEXUAL HARASSMENT IN THE WORKPLACE

Article 84. Sexual harassment in the workplace

1. Sexual harassment as defined in Clause 9, Article 3 of the Labor Code can occur in the form of exchanges such as proposals, requests, suggestions, threats, or coercion to exchange sexual relations for any work-related benefit; or acts of a sexual nature not intended for exchange, but which make the work environment uncomfortable and insecure, causing physical and mental harm, work performance, and the life of the harassed person.

2. Sexual harassment in the workplace includes:

a) Physical acts include actions, gestures, contact, and physical touches that are sexual in nature or suggestive of sex;

b) Verbal sexual harassment includes direct speech, telephone calls, or electronic means that contains sexual content or sexual innuendo;

c) Nonverbal sexual harassment includes body language; displaying or depicting visual material that is sexual or related to sexual activity, either directly or electronically.

3. The workplace as defined in Clause 9, Article 3 of the Labor Code is any location where the employee actually works according to the agreement or assignment of the employer, including locations or spaces related to work such as social activities, seminars, training courses, official business trips, meals, telephone conversations, electronic communication activities, transportation arranged by the employer from the employee's residence to the workplace and vice versa, accommodation provided by the employer, and other locations specified by the employer.

Article 85. Regulations of the employer on preventing and combating sexual harassment in the workplace.

1. The employer's regulations on preventing and combating sexual harassment are included in the internal labor regulations or in an appendix attached to the labor regulations, comprising the following basic contents:

a) Sexual harassment in the workplace is strictly prohibited;

b) Detailed and specific regulations on sexual harassment in the workplace, appropriate to the nature and characteristics of the work and workplace;

c) Responsibilities, deadlines, procedures, and internal processes for handling sexual harassment in the workplace, including responsibilities, deadlines, procedures, and processes for filing complaints and denunciations, resolving complaints and denunciations, and related regulations;

d) The form of labor disciplinary action against the person who commits sexual harassment or makes false accusations shall correspond to the nature and severity of the violation;

d) Compensation for victims and remedial measures.

2. Employers' regulations regarding complaints and denunciations of sexual harassment and the handling of sexual harassment must ensure the following principles:

a) Quick and timely;

b) To protect the confidentiality, honor, reputation, dignity, and safety of victims of sexual harassment, complainants, whistleblowers, and those who are complained against or accused.

Article 86. Responsibilities and obligations for preventing and combating sexual harassment in the workplace.

1. The employer has the following obligations:

a) Implement and monitor the enforcement of legal regulations on preventing and combating sexual harassment in the workplace;

b) Organize the dissemination and education of laws and regulations on preventing and combating sexual harassment in the workplace for employees;

c) When complaints or accusations of sexual harassment in the workplace arise, employers must promptly prevent, address, and take measures to protect the confidentiality, honor, reputation, dignity, and safety of victims of sexual harassment, complainants, accusers, and those being complained against or accused.

2. Employees have the following obligations:

a) Strictly enforce regulations on preventing and combating sexual harassment in the workplace;

b) Participate in creating a workplace environment free from sexual harassment;

c) Preventing and reporting sexual harassment in the workplace.

3. The employee representative organization at the workplace has the following responsibilities:

a) Participate in developing, implementing, and monitoring the implementation of regulations on preventing and combating sexual harassment in the workplace;

b) Providing information, counseling, and representation to workers who have been sexually harassed, or who are being accused or sued for sexual harassment;

c) Disseminating, publicizing, and providing training on regulations for preventing and combating sexual harassment in the workplace.

4. Encourage employers and employee representative organizations at the workplace to select issues related to preventing and combating sexual harassment in the workplace for collective bargaining.

Section 4. RESPONSIBILITIES OF ORGANIZATIONS IMPLEMENTING POLICIES ON WOMEN'S WORK AND GENDER EQUALITY

Article 87. Organization of policy implementation for female workers and ensuring gender equality

1. The Ministry of Labour, Invalids and Social Affairs shall preside over and coordinate with relevant agencies to disseminate policies on female workers, ensuring gender equality and preventing and combating sexual harassment in the workplace.

2. The Ministry of Finance shall preside over and coordinate with relevant agencies to guide the implementation of the provisions of Clause 2, Article 83 of this Decree.

3. The Ministry of Education and Training shall preside over and coordinate with relevant agencies to guide the implementation of the provisions of Article 81 of this Decree.

4. The Ministry of Health is responsible for:

a) Standard guidelines for bathrooms and toilets as stipulated in Clause 1, Article 79 of this Decree;

b) Promulgate the list of specialized gynecological examinations for female workers as stipulated in Clause 1, Article 80 of this Decree;

c) Guidance on the implementation of breast milk expression and storage rooms as stipulated in Clause 5, Article 80 of this Decree.

5. The provincial People's Committee is responsible for:

a) To disseminate, publicize, inspect, and supervise the implementation of policies concerning female workers, ensuring gender equality and preventing and combating sexual harassment in the workplace as stipulated in this Chapter;

b) Review and identify areas with a high concentration of workers and implement the regulations stipulated in Article 81 of this Decree.

6. The Vietnam Fatherland Front and its member organizations are requested, within the scope of their duties and powers, to monitor the implementation of the provisions in this Chapter.

Chapter X

SPECIFIC REGULATIONS FOR DOMESTIC HELPERS

Article 88. Domestic workers

A domestic worker is a worker as defined in Clause 1, Article 3 of the Labor Code who has entered into a written labor contract to perform the tasks specified in Clause 1, Article 161 of the Labor Code.

Article 89. Specific regulations for domestic helpers.

1. Regulations on the form of labor contracts under Article 14 and Clause 1 of Article 162; the obligation to provide information when concluding labor contracts under Article 16; the content of labor contracts under Clause 1 of Article 21; unilateral termination of labor contracts under Clause 2 of Article 35, Clause 3 of Article 36 and Clause 2 of Article 162; obligations when unilaterally terminating labor contracts illegally under Articles 40 and 41; and severance pay under Article 46 of the Labor Code shall be implemented as follows:

a) Upon hiring an employee, the employer must sign an employment contract with the employee. The employment contract must be in writing, as stipulated in Clause 1, Article 14 and Clause 1, Article 162 of the Labor Code;

b) Before signing a labor contract, the employee and the employer have the obligation to provide information as stipulated in Article 16 of the Labor Code. The employer must also clearly provide information about the scope of work to be performed, the employee's living and eating conditions at the employer's home, and other necessary information related to ensuring health and safety in performing the work requested by the employee;

c) The content of the labor contract is regulated in Clause 1, Article 21 of the Labor Code. Based on Form No. 01/PLV, Appendix V issued with this Decree, the employer and the employee are responsible for specifically agreeing on the rights, obligations, and benefits of each party in the labor contract to ensure implementation in accordance with actual conditions, but must ensure the main contents stipulated in Clause 1, Article 21 of the Labor Code;

d) During the performance of the labor contract, each party has the right to unilaterally terminate the labor contract without giving a reason, but must give at least 15 days' notice, except in the following cases where no notice is required:

d1) Employees unilaterally terminate their employment contracts for the following reasons: Not being assigned to the correct job, workplace, or not being provided with the agreed-upon working conditions, except as stipulated in Article 29 of the Labor Code; not being paid full wages or not being paid on time, except as stipulated in Clause 4, Article 97 of the Labor Code; being mistreated, beaten, or subjected to insulting words or actions by the employer, or actions affecting their health, dignity, or honor; being subjected to forced labor; being subjected to sexual harassment in the workplace; pregnant female employees having to take leave as stipulated in Clause 1, Article 138 of the Labor Code; reaching the retirement age as stipulated in Article 169 of the Labor Code, except in cases where the parties have agreed otherwise; the employer providing dishonest information as stipulated in Clause 1, Article 16 of the Labor Code, affecting the performance of the employment contract;

d2) The employer unilaterally terminates the labor contract for the following reasons: The employee is absent from the workplace after the deadline stipulated in Article 31 of the Labor Code; the employee voluntarily abandons their job without justifiable reason for 05 consecutive working days or more;

d) Unilateral termination of an employment contract in violation of the law refers to a unilateral termination of an employment contract that does not comply with the provisions of point d of this clause. When an employment contract is terminated unilaterally in violation of the law, the employee is obligated to comply with the provisions of Article 40, and the employer is obligated to comply with the provisions of Article 41 of the Labor Code. If the employer violates the notice period as stipulated in point d of this clause, they must pay the employee an amount equivalent to the salary under the employment contract for the days without prior notice;

e) When the labor contract is terminated in accordance with Clauses 1, 2, 3, 4, 6 and 7 of Article 34 of the Labor Code and point d of this Clause, the employer is responsible for paying severance pay to the employee as prescribed in Article 46 of the Labor Code; both parties are responsible for fully settling all amounts related to the rights and benefits of each party.

2. Employees and employers shall agree on wages and bonuses and shall pay wages and bonuses in accordance with the provisions of Chapter VI (except Article 93) of the Labor Code, in which the employee's wage agreed upon in the labor contract as stipulated in Clauses 1 and 2 of Article 90 of the Labor Code includes the job-based wage, wage allowances, and other supplementary payments, if any. The job-based wage, including the cost of food and accommodation for the employee at the employer's home (if any), shall not be lower than the regional minimum wage announced by the Government. The employer and employee shall agree on the monthly cost of food and accommodation for the employee (if any), which shall not exceed 50% of the job-based wage stated in the labor contract.

3. Working hours and rest periods shall be implemented in accordance with the provisions of Chapter VII of the Labor Code and Chapter VII of this Decree, in which rest periods during normal working days and weekly rest days shall be implemented as follows:

a) On a normal working day, in addition to the working hours agreed upon in the labor contract, the employer must ensure and provide conditions for the employee to have at least 8 hours of rest, including 6 consecutive hours within a 24-hour period;

b) Employees are entitled to weekly rest as stipulated in Article 111 of the Labor Code. If the employer cannot arrange weekly rest, they must ensure that employees receive an average of at least 4 days of rest per month.

4. Employers are responsible for paying employees, along with their regular salary payments, an amount equal to the employer's responsibility for mandatory social insurance and health insurance contributions as stipulated by the law on social insurance and health insurance, so that employees can proactively participate in social insurance and health insurance.

In cases where an employee simultaneously enters into multiple employment contracts for domestic work, the employer's responsibility to pay social insurance and health insurance contributions is fulfilled for each individual employment contract.

5. Occupational safety and hygiene for domestic helpers are implemented as follows:

a) Employers are responsible for instructing employees on the proper use of machinery, equipment, and tools, as well as fire and explosion prevention measures in the workplace related to their work; and for providing employees with personal protective equipment during work.

b) When an employee suffers a work-related accident or occupational disease, the employer must fulfill their responsibilities towards the employee as stipulated in Articles 38 and 39 of the Law on Occupational Safety and Health;

c) Workers are responsible for complying with instructions on the use of machinery, equipment, and tools, as well as fire and explosion prevention measures; and ensuring environmental hygiene requirements of their households and residential areas.

6. Labor discipline and material responsibility towards employees are implemented as follows:

a) The employer and the employee shall specifically define the acts, forms of labor disciplinary action, and material liability as prescribed in Clause 2 of Article 118 and Article 129 of the Labor Code and record them in the labor contract or express them through other forms of agreement;

b) Forms of labor disciplinary action applied to employees include reprimand and dismissal, as stipulated in Clauses 1 and 4 of Article 124 of the Labor Code;

c) Dismissal is a disciplinary measure applied by the employer in the following cases: The employee violates the provisions of Clauses 1, 2 and 4 of Article 125 of the Labor Code; or the employee mistreats, beats, or uses abusive language or behavior that affects the health, dignity, or honor of the employer or a member of the employer's household.

d) When an employer discovers that an employee has committed a labor discipline violation, the employer shall consider and handle the employee with disciplinary action in accordance with the form prescribed in point b of this clause. If the employee is between 15 and under 18 years of age, the employer must notify the employee's legal representative of the disciplinary action.

d) Disciplinary action against employees must ensure compliance with the principles, procedures, and processes stipulated in points a and c of Clause 1, Clauses 2, 3, 4, and 5 of Article 122 of the Labor Code.

Article 90. Obligations of employers and employees

1. Fulfill the obligations stipulated in Articles 163, 164, and 165 of the Labor Code.

2. Employers must notify the People's Committee of the commune, ward, or town (hereinafter referred to as the People's Committee at the commune level) of the employment and termination of employment of workers, respectively, using Form No. 02/PLV and Form No. 03/PLV in Appendix V issued with this Decree, within 10 days from the date of signing or terminating the labor contract.

Article 91. Responsibilities for managing domestic helpers.

1. The Provincial People's Committee directs the Department of Labor, War Invalids and Social Affairs to: Guide the District Department of Labor, War Invalids and Social Affairs in disseminating and publicizing legal regulations on domestic helpers; manage, inspect, and supervise the implementation of regulations on domestic helpers in the province.

2. The People's Committee of the district, town, or city under the province, or city under the central government (hereinafter referred to as the District-level People's Committee) shall direct the Department of Labor, War Invalids and Social Affairs to: Guide commune-level officials in disseminating and publicizing legal regulations on domestic helpers; manage, inspect, and supervise the implementation of regulations on domestic helpers in the area.

3. People's Committee at the commune level:

a) Organize the dissemination and promotion of legal regulations on domestic helpers in accordance with the guidelines of the Department of Labor, War Invalids and Social Affairs and the Labor, War Invalids and Social Affairs Office;

b) Assign a focal point to monitor, manage, inspect, and supervise the implementation of legal regulations on domestic helpers within the area under its jurisdiction;

c) Receiving notifications regarding the employment and termination of employment of domestic helpers as stipulated in Clause 2, Article 90 of this Decree; compiling and reporting on the situation of domestic helper employment in the area under its management when requested by competent state management agencies.

Chapter 11

RESOLVING LABOR DISPUTES

Section 1. LABOR MEDIATORS

Article 92. Standards for labor mediators

1. Be a Vietnamese citizen, possess full legal capacity as stipulated in the Civil Code, and have good health and moral character.

2. Possess a university degree or higher and have at least 03 years of work experience in a field related to labor relations.

3. Not currently under criminal investigation or having completed a sentence but not yet had their criminal record expunged.

Article 93. Procedures for appointing labor mediators

1. Develop a plan for selecting and appointing labor mediators.

a) In the first quarter of each year, the Department of Labor, War Invalids and Social Affairs is responsible for reviewing the recruitment and appointment needs of labor mediators under its management authority to develop a plan and report to the Department of Labor, War Invalids and Social Affairs before March 31st of each year;

b) The Department of Labor, War Invalids and Social Affairs shall consolidate the plans of the Departments of Labor, War Invalids and Social Affairs and the plan of the Department of Labor, War Invalids and Social Affairs to develop a general plan for the entire province or centrally-administered city, and submit it to the Chairman of the Provincial People's Committee for approval.

2. Procedures for selecting and appointing labor mediators

a) Based on the plan for selecting and appointing labor mediators approved by the Chairman of the Provincial People's Committee, the Department of Labor, War Invalids and Social Affairs shall issue a document publicly announcing the selection of labor mediators in the province through the agency's electronic portal and on mass media, and simultaneously send it to the District Labor, War Invalids and Social Affairs Office for coordination in implementation;

b) Within the registration period specified in the announcement for the selection of labor mediators by the Department of Labor, War Invalids and Social Affairs, individuals who register directly or are nominated by state agencies, units, political organizations, socio-political organizations and other organizations may participate in the selection process for labor mediators with the Department of Labor, War Invalids and Social Affairs or the Labor, War Invalids and Social Affairs Office.

The application dossier includes: Application form for labor mediator; curriculum vitae certified by a competent authority; health certificate issued by a competent health authority in accordance with the regulations of the Ministry of Health; copies from original records, certified copies, or copies presented with the original for verification of relevant diplomas and certificates; letters of recommendation for participation as a labor mediator from relevant agencies and organizations (if any);

c) Within 05 working days from the deadline for submitting applications as stated in the announcement for the selection of labor mediators, the Department of Labor, War Invalids and Social Affairs is responsible for reviewing qualified candidates, compiling the results, and reporting to the Provincial Department of Labor, War Invalids and Social Affairs for assessment;

d) Within 10 working days from the date of receiving the report from the Department of Labor, War Invalids and Social Affairs, the Provincial Department of Labor, War Invalids and Social Affairs shall appraise the application dossiers (including those directly received by the Provincial Department of Labor, War Invalids and Social Affairs), select and compile a list of appointment positions for each labor mediator under the management authority of the Provincial Department of Labor, War Invalids and Social Affairs and the Department of Labor, War Invalids and Social Affairs, and submit it to the Chairman of the Provincial People's Committee for consideration and appointment;

d) Within 05 working days from the date of receiving the proposal from the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall consider and decide on the appointment of labor mediators. The maximum term of appointment for a labor mediator shall not exceed 05 years.

3. Reappointment of labor mediators

a) At least three months before the end of the appointment term, if the labor mediator wishes to continue serving as a labor mediator, they must submit a request for reappointment to the Department of Labor, War Invalids and Social Affairs;

b) Based on the annual plan for selecting and appointing labor mediators approved by the Chairman of the Provincial People's Committee; and the results of reviewing the standards and evaluating the performance of labor mediators according to the management hierarchy, within 10 working days from the date of receiving the labor mediator's reappointment request, the Department of Labor, War Invalids and Social Affairs shall submit a document to the Chairman of the Provincial People's Committee;

c) Within 05 working days from the date of receiving the proposal from the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall consider and decide on the reappointment of those who meet the standards and conditions.

4. The Department of Labor, War Invalids and Social Affairs and the Labor, War Invalids and Social Affairs Office shall publicly disclose, update, and publish the list of names, assigned areas of activity, telephone numbers, and contact addresses of appointed and reappointed labor mediators on the agency's electronic portal and announce it through local mass media so that workers and employers are aware and can contact them.

Article 94. Dismissal of labor mediators

1. Labor mediators are dismissed if they fall under any of the following circumstances:

a) There is a request to resign from the position of labor mediator;

b) Not meeting the standards prescribed in Article 92 of this Decree;

c) Committing illegal acts that harm the interests of the parties or the interests of the State while performing the duties of a labor mediator as prescribed by law;

d) Having been assessed as failing to fulfill duties for two consecutive years according to the regulations on the management of labor mediators;

d) Refusing to undertake mediation duties two or more times when assigned to resolve labor disputes or disputes concerning vocational training contracts without justifiable reasons as stipulated in the regulations on the management of labor mediators.

2. Procedures for dismissing labor mediators

a) For cases stipulated in point a, clause 1 of this Article, within 05 working days from the date of receiving the labor mediator's resignation letter, the Department of Labor, War Invalids and Social Affairs shall submit a written request to the Chairman of the Provincial People's Committee to consider and dismiss the labor mediator;

b) For cases stipulated in points b, c, d, and e of Clause 1 of this Article, the Department of Labor, War Invalids and Social Affairs, based on the report of the Department of Labor, War Invalids and Social Affairs and the results of the review, shall submit to the Chairman of the Provincial People's Committee for consideration and dismissal of the labor mediator;

c) Within 10 working days from the date of receiving the proposal from the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall consider and decide on the dismissal of the labor mediator.

Article 95. Authority, procedures, and formalities for appointing labor mediators

1. The appointment of labor mediators to perform mediation duties is carried out by the Department of Labor, War Invalids and Social Affairs or the Labor, War Invalids and Social Affairs Office according to the decentralization stipulated in the regulations on the management of labor mediators.

2. Procedures for appointing labor mediators

a) Applications for resolving labor disputes, disputes concerning vocational training contracts, and requests for support in developing labor relations should be submitted to the Department of Labor, War Invalids and Social Affairs, the Labor, War Invalids and Social Affairs Office, or a labor mediator.

In cases where a labor mediator directly receives a request for resolution from the disputing parties, within 12 hours of receiving the request, the labor mediator must forward it to the Department of Labor, War Invalids and Social Affairs or the Labor, War Invalids and Social Affairs Office managing the labor mediator for classification and processing;

b) Within 05 working days from the date of receiving the request, according to the management hierarchy, the Department of Labor, War Invalids and Social Affairs or the Labor, War Invalids and Social Affairs Office is responsible for classifying the case and issuing a document appointing a labor mediator to resolve it in accordance with regulations.

In cases where a labor mediator's application is received as stipulated in point a of this clause, within 12 hours of receiving the application, according to the management hierarchy, the Department of Labor, War Invalids and Social Affairs or the Labor, War Invalids and Social Affairs Office shall issue a document appointing a labor mediator as prescribed.

3. Depending on the complexity of the case, the Department of Labor, War Invalids and Social Affairs or the Labor, War Invalids and Social Affairs Office may assign one or more labor mediators to participate in resolving the dispute.

Article 96. Regime and conditions for the operation of labor mediators

1. Labor mediators are entitled to the following benefits:

a) For each day of actual performance of duties by a labor mediator appointed by a competent authority, the mediator is entitled to a compensation rate of 5% of the average monthly minimum wage for employees working under labor contracts as stipulated by the Government for each period (from January 1, 2021, the regional minimum wage is stipulated in Government Decree No. 90/2019/ND-CP dated November 15, 2019).

The provincial People's Committee may consider and submit to the provincial People's Council for decision the application of a higher compensation rate than that stipulated in this point, in accordance with the local budget capacity;

b) To be provided with suitable time by the agency, unit, or organization where they are currently working to participate in performing the duties of a labor mediator as prescribed;

c) They are entitled to the prescribed travel allowance for state officials, civil servants, and public employees during the time they perform the duties of a labor mediator as stipulated;

d) To participate in training courses and professional development programs organized by competent authorities;

d) To be rewarded in accordance with the Law on Emulation and Commendation for achievements in performing the duties of a labor mediator as prescribed;

e) Entitled to other benefits as prescribed by law.

2. The agency appointing labor mediators as stipulated in Article 95 of this Decree is responsible for arranging the location, working facilities, documents, stationery, and other necessary conditions for the labor mediators to work.

3. The funding for the benefits and operating conditions stipulated in Clauses 1 and 2 of this Article shall be guaranteed by the state budget. The preparation of budget estimates, management, and settlement of funds shall comply with the provisions of the law on the state budget.

Article 97. Management of labor mediators

1. Ministry of Labour, Invalids and Social Affairs:

a) To draft and submit to competent authorities for promulgation, or to promulgate within its authority, legal documents on labor mediators;

b) Disseminating information, providing guidance, conducting inspections, and supervising the implementation of regulations on labor mediation;

c) Develop content, programs, and organize training courses to enhance the professional capacity of labor mediators.

2. Chairperson of the Provincial People's Committee:

a) Appointing, reappointing, dismissing, and managing the activities of labor mediators at the provincial level.

For provinces and centrally-governed cities with a large number of businesses and workers, and where many labor disputes arise, consideration may be given to appointing a number of full-time labor mediators under the Department of Labor, War Invalids and Social Affairs. Full-time labor mediators are responsible for resolving labor disputes, disputes related to vocational training contracts, supporting the development of labor relations, and assisting the Department of Labor, War Invalids and Social Affairs in managing labor mediation work in the area. The selection criteria, appointment, and duties of full-time labor mediators shall be implemented according to the regulations on the management of labor mediators.

b) Promulgating regulations on the management of labor mediators, and decentralizing the management of labor mediators under the Department of Labor, War Invalids and Social Affairs and the Labor, War Invalids and Social Affairs Offices;

c) Directing the development and implementation of regulations, policies, emulation programs, and reward systems for labor mediators in accordance with the law.

3. Department of Labour, War Invalids and Social Affairs:

a) Develop and submit to the Chairman of the Provincial People's Committee regulations on the management of labor mediators;

b) To advise and assist the Chairman of the Provincial People's Committee in managing labor mediators in the province;

c) Develop and implement an annual plan for selecting and appointing labor mediators;

d) Appointing labor mediators to resolve disputes and support the development of labor relations according to the management hierarchy; ensuring working conditions for labor mediators; evaluating the performance and completion of tasks by labor mediators; implementing a system of training, competition, and rewards for labor mediators as prescribed; managing labor mediator files, files of dispute resolution cases, and other related documents;

d) To preside over and coordinate with specialized units of the Ministry of Labour, Invalids and Social Affairs to organize training and professional development courses for labor mediators in the area;

e) Conduct inspections, examinations, and supervision of labor mediation work in accordance with the law;

g) Annually, compile a report on the labor mediation situation and submit it to the Chairman of the Provincial People's Committee and the Ministry of Labor, War Invalids and Social Affairs.

4. Department of Labour, War Invalids and Social Affairs:

a) Implement the management of labor mediators at the district level according to the assigned responsibilities;

b) Develop and implement annual plans for selecting and appointing labor mediators according to the assigned responsibilities;

c) Appointing labor mediators to resolve disputes and support the development of labor relations according to the management hierarchy; ensuring working conditions for labor mediators; evaluating the performance and completion of tasks by labor mediators, implementing a system of training, competition, and rewards for labor mediators; managing and archiving records of dispute resolution cases and other related documents;

d) Sending labor mediators to participate in training courses and professional development programs organized by the Ministry of Labour, Invalids and Social Affairs and the Department of Labour, Invalids and Social Affairs;

d) Annually, compile a report on the labor mediation situation in the area and submit it to the Department of Labor, War Invalids and Social Affairs.

Section 2. LABOR ARBITRATION COUNCIL

Article 98. Standards and conditions for labor arbitrators

1. Being a Vietnamese citizen, possessing full legal capacity as stipulated in the Civil Code, having good health and moral character, and being reputable and impartial.

2. Possess a university degree or higher, have knowledge of the law, and have at least 05 years of experience working in a field related to labor relations.

3. Not currently under criminal investigation, serving a criminal sentence, or having completed a sentence but not yet had their criminal record expunged.

4. Nominated by the Department of Labor, War Invalids and Social Affairs, or the Provincial Labor Federation, or an organization representing employers in the province to serve as a labor arbitrator as stipulated in Clause 2, Article 185 of the Labor Code.

5. Not a judge, prosecutor, investigator, bailiff, or public official of the People's Court, People's Procuracy, investigative agency, or enforcement agency.

Article 99. Appointment of labor arbitrators

1. Based on the number of labor arbitrators of the Labor Arbitration Council as stipulated in Clause 2, Article 185 of the Labor Code and the standards and conditions for labor arbitrators as stipulated in Article 98 of this Decree, the Provincial Labor Federation and the employer representative organizations in the province shall prepare nomination dossiers for candidates to participate as labor arbitrators and submit them to the Department of Labor, War Invalids and Social Affairs.

2. Within 10 working days from the date of receiving nomination dossiers for labor arbitrators from the Provincial Labor Federation and the employer representative organizations in the province, the Department of Labor, War Invalids and Social Affairs is responsible for compiling, evaluating, and nominating candidates to serve as labor arbitrators for overall compilation and submission to the Chairman of the Provincial People's Committee for appointment of labor arbitrators.

The nomination of individuals to serve as labor arbitrators by the Department of Labor, War Invalids and Social Affairs must ensure compliance with the composition stipulated in point a, clause 2, Article 185 of the Labor Code for the appointment of the Chairman and Secretary of the Labor Arbitration Council.

3. The nomination dossier includes:

a) The request document from the nominating agency;

b) Application form from the nominated person to participate as a labor arbitrator;

c) A resume/CV certified by a competent authority;

d) A health certificate issued by a competent health authority in accordance with the regulations of the Ministry of Health;

d) Copies from the original register, certified copies, or copies submitted together with the original for verification of relevant diplomas and certificates.

4. Within 10 working days from the date of receiving the proposal from the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall issue a decision appointing labor arbitrators to participate in the Labor Arbitration Council.

The appointment period for labor arbitrators is based on the term of the Labor Arbitration Council. During the term of the Labor Arbitration Council, if there is an appointment or replacement of a labor arbitrator who has been dismissed in accordance with Article 100 of this Decree, the appointment period for the newly appointed or replaced labor arbitrator shall be calculated based on the remaining time of the Labor Arbitration Council's term.

Upon the expiration of their appointment period, labor arbitrators who meet the qualifications and conditions stipulated in Article 98 of this Decree and are further nominated by the agencies specified in points a, b, and c of Clause 2, Article 185 of the Labor Code shall be considered for reappointment as labor arbitrators according to the procedures stipulated in this Article.

Article 100. Dismissal of labor arbitrators

1. Labor arbitrators are dismissed if they fall under any of the following circumstances:

a) Submitted a resignation letter from the position of labor arbitrator;

b) Not meeting the standards and conditions as prescribed in Article 98 of this Decree;

c) The nominating body submits a written request to dismiss or replace the labor arbitrator;

d) Committing acts that violate the law and harm the interests of the parties or the interests of the State while performing the duties of a labor arbitrator as prescribed by law;

d) Having been assessed as failing to fulfill duties for two consecutive years according to the operating regulations of the Labor Arbitration Council.

2. Procedures for dismissing labor arbitrators

a) For cases stipulated in point a, clause 1 of this Article, within 02 working days from the date of receiving the labor arbitrator's resignation letter, the Chairman of the Labor Arbitration Council shall submit a written report to the Department of Labor, War Invalids and Social Affairs. Within 03 working days from the date of receiving the report from the Chairman of the Labor Arbitration Council, the Department of Labor, War Invalids and Social Affairs shall consult with the nominating agency and propose to the Chairman of the Provincial People's Committee to consider and decide on the dismissal of the labor arbitrator;

b) For cases stipulated in points b, c, d, and e of Clause 1 of this Article, the Department of Labor, War Invalids and Social Affairs shall, based on the report of the Chairman of the Labor Arbitration Council, review and discuss with the nominating agency and propose to the Chairman of the Provincial People's Committee to consider and decide on the dismissal of the labor arbitrator;

c) Within 10 working days from the date of receiving the proposal from the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall consider and decide on the dismissal of the labor arbitrator.

Article 101. Establishment of the Labor Arbitration Council

1. The Chairman of the Provincial People's Committee shall decide on the establishment of a Labor Arbitration Council with a term of 05 years, comprising labor arbitrators appointed in accordance with Article 99 of this Decree, including:

a) The Chairman of the Council is the leader of the Department of Labor, War Invalids and Social Affairs appointed as a labor arbitrator, working on a part-time basis;

b) The Council Secretary is a civil servant of the Department of Labor, War Invalids and Social Affairs appointed as a labor arbitrator, serving as the permanent member of the Council and working on a full-time basis;

c) The other members of the Council are the remaining labor arbitrators, working on a part-time basis;

d) The labor arbitration council shall use its own seal.

2. The labor arbitration council is responsible for:

a) Resolving labor disputes in accordance with Articles 189, 193, and 197 of the Labor Code;

b) Resolving collective labor disputes concerning interests at workplaces where strikes are prohibited as stipulated in Section 3 of this Chapter;

c) Resolving other labor disputes as prescribed by law;

d) Support the development of labor relations in the province in accordance with the operating regulations of the Labor Arbitration Council;

d) Annually report to the Chairman of the Provincial People's Committee and inform the Department of Labor, War Invalids and Social Affairs, the Provincial Labor Federation, and organizations representing employers in the province about the results of the Labor Arbitration Council's activities.

3. The Chairman of the Labor Arbitration Council is responsible for:

a) Promulgate the operating regulations of the Labor Arbitration Council after consulting with the Department of Labor, War Invalids and Social Affairs, the Provincial Labor Federation, and organizations representing employers in the province;

b) Assigning specific tasks to labor arbitrators and managing the activities of the Labor Arbitration Council;

c) Deciding on the establishment of the Labor Arbitration Board; participating in and performing the duties of the Labor Arbitration Board as prescribed in Article 102 of this Decree;

d) Annually, preside over a meeting of the Labor Arbitration Council to evaluate the performance of each labor arbitrator in accordance with the operating regulations of the Labor Arbitration Council, and compile a report for the Chairman of the Provincial People's Committee.

4. The secretary of the labor arbitration council is responsible for:

a) To perform permanent duties, carry out administrative, organizational, and logistical tasks to ensure the smooth operation of the Labor Arbitration Council;

b) Assisting the Labor Arbitration Council in planning its work and organizing meetings to resolve labor disputes within the Labor Arbitration Board;

c) Receiving requests for labor dispute resolution, advising and proposing to the Chairman of the Labor Arbitration Council on the selection and establishment of a Labor Arbitration Panel;

d) Participate in and perform the duties of the Labor Arbitration Board as prescribed in Article 102 of this Decree;

d) Classify and store records of labor dispute resolution in accordance with regulations;

e) Perform other tasks as assigned by the Chairman of the Labor Arbitration Council and in accordance with the operating regulations of the Labor Arbitration Council.

5. Labor arbitrators have the following responsibilities:

a) Participate in and perform the duties of the Labor Arbitration Board as prescribed in Article 102 of this Decree;

b) Perform other tasks as prescribed in the operating regulations of the Labor Arbitration Council and as assigned by the Chairman of the Labor Arbitration Council.

Article 102. Establishment and operation of the Labor Arbitration Board

1. Within 07 working days from the date of receiving a request for labor dispute resolution as stipulated in points a, b, and c of Clause 2, Article 101 of this Decree, the Labor Arbitration Council shall be responsible for establishing a Labor Arbitration Board.

2. The composition of the Labor Arbitration Panel is determined according to the provisions of points a, b, and c, Clause 4, Article 185 of the Labor Code. If one or both parties to the dispute do not select a labor arbitrator as stipulated in point a, Clause 4, Article 185 of the Labor Code, the Chairman of the Labor Arbitration Council shall decide to select one on behalf of the party that did not make such a selection.

If the two selected labor arbitrators cannot agree on another labor arbitrator to be the Head of the Labor Arbitration Panel as stipulated in point b, clause 4, Article 185 of the Labor Code, then the Chairman of the Labor Arbitration Council shall decide to select another labor arbitrator to be the Head of the Labor Arbitration Panel.

3. When a labor arbitration panel is established or is in the process of resolving a dispute, if there is clear evidence that the labor arbitrator participating in the dispute resolution is not impartial or objective, and may affect the rights and interests of the disputing party, the disputing party has the right to request the Chairman of the Labor Arbitration Panel to replace that labor arbitrator.

4. Within 30 days of its establishment, the Labor Arbitration Board is responsible for:

a) Review the case file and gather evidence within the scope of authority stipulated in Article 183 of the Labor Code to develop a plan for resolving the dispute;

b) Organize a meeting to resolve labor disputes;

c) Make a decision to resolve labor disputes in accordance with the principles stipulated in Clause 5, Article 185 of the Labor Code and send it to the disputing parties.

The decision of the Labor Arbitration Board must include the following main contents: Date (day, month, year) of issuance of the decision; names and addresses of the disputing parties; content of the proposed dispute resolution; grounds for dispute resolution; specific content of the dispute resolution judgments of the Labor Arbitration Board; signature of the Head of the Labor Arbitration Board and seal of the Labor Arbitration Council.

If no decision is reached, the Labor Arbitration Board shall notify the disputing parties in writing. For collective labor disputes concerning rights as stipulated in points b and c, Clause 2, Article 179 of the Labor Code, where a violation of the law is identified, the Labor Arbitration Board shall draw up a report and forward the file and documents to the competent authority for consideration and handling in accordance with the law.

5. The procedure for organizing a meeting to resolve labor disputes as stipulated in point b, clause 4 of this Article is as follows:

a) At least five days before the meeting, the Labor Arbitration Board must send a written summons to the disputing parties, clearly stating the time and place of the meeting;

b) Upon receiving a summons, the disputing parties must respond to the Labor Arbitration Board regarding their participation in the hearing. If one of the parties has a legitimate reason for not being able to attend the meeting at the time and place summoned, they may request the Labor Arbitration Board to reschedule the hearing to a more suitable time. The Labor Arbitration Board has the final authority to decide on the rescheduling of the meeting and will notify the parties accordingly;

c) Representatives of the disputing parties or their authorized representatives must be present at the labor dispute resolution meeting. If one of the parties is absent, even if a request to change the meeting time is not approved, the Labor Arbitration Board will still proceed with the meeting;

d) During the meeting, the labor arbitration panel must clearly state the content of the parties' requests for resolution, listen to the parties' detailed presentations on the case, and record it in minutes, signed by each labor arbitrator and the disputing parties participating in the meeting.

Article 103. Regime and conditions for the operation of labor arbitrators and the Labor Arbitration Council.

1. Labor arbitrators are entitled to the following benefits:

a) For each day spent researching case files, gathering evidence, and conducting labor dispute resolution meetings as assigned, employees are entitled to a compensation rate of 5% of the average monthly minimum wage for employees working under labor contracts as stipulated by the Government for each period (from January 1, 2021, the regional minimum wage is stipulated in Government Decree No. 90/2019/ND-CP dated November 15, 2019).

The provincial People's Committee may consider and submit to the provincial People's Council for decision the application of a higher compensation rate than that stipulated in this point, in accordance with the local budget capacity;

b) To be provided with suitable time by the agency, unit, or organization where they are currently working to participate in the Labor Arbitration Council or Labor Arbitration Board to resolve disputes;

c) They are entitled to the prescribed travel allowance for state officials, civil servants, and public employees during their participation in the Labor Arbitration Board to resolve disputes;

d) To participate in training courses and professional development programs organized by competent authorities;

d) To be rewarded in accordance with the Law on Emulation and Commendation for achievements in performing the duties of a labor arbitrator as prescribed;

e) Entitled to other benefits as prescribed by law.

2. The Secretary of the Labor Arbitration Council is entitled to a job responsibility allowance at a rate of 0,5 times the basic salary according to Decree No. 204/2004/ND-CP dated December 14, 2004, of the Government on the salary regime for cadres, civil servants, public employees, and armed forces personnel. When the Government promulgates a new salary regime according to Resolution No. 27-NQ/TW dated May 21, 2018, of the Seventh Conference of the Central Committee of the 12th Party Congress on reforming salary policies for cadres, civil servants, public employees, armed forces personnel, and employees in enterprises, the job responsibility allowance regime will be implemented according to the new regulations.

3. Conditions for the operation of labor arbitrators, labor arbitration panels, and labor arbitration councils:

a) The Department of Labor, War Invalids and Social Affairs is responsible for arranging the location, working facilities, documents, stationery and other necessary conditions for labor arbitrators, the Labor Arbitration Board, and the Labor Arbitration Council to operate;

b) The labor arbitration council is assigned to work at the headquarters of the Department of Labor, War Invalids and Social Affairs;

c) The operating budget of the Labor Arbitration Council is guaranteed by the state budget and is allocated annually along with the regular expenditure budget of the Department of Labor, War Invalids and Social Affairs. The preparation of the budget, management and settlement of funds ensuring the operation of the Labor Arbitration Council shall be carried out in accordance with the provisions of the law on the state budget.

Article 104. State management of labor arbitrators and labor arbitration councils.

1. Ministry of Labour, Invalids and Social Affairs:

a) To draft and submit to competent authorities for promulgation, or to promulgate within its authority, legal documents on labor arbitrators and labor arbitration councils;

b) To disseminate information, provide guidance, conduct inspections, and supervise the implementation of regulations concerning labor arbitrators and labor arbitration councils as prescribed;

c) Develop programs, content, and organize training courses to enhance the professional capacity of labor arbitrators.

2. Chairperson of the Provincial People's Committee:

a) Appointing and dismissing labor arbitrators, establishing labor arbitration councils;

b) Directing the development and implementation of regulations, policies, emulation programs, and reward systems for labor arbitrators and labor arbitration councils as stipulated in this Decree.

3. Department of Labour, War Invalids and Social Affairs:

a) Reviewing dossiers and proposing the appointment and dismissal of labor arbitrators, and establishing labor arbitration councils;

b) To provide input for the Chairman of the Labor Arbitration Council to issue regulations on the operation of the Labor Arbitration Council;

c) Ensuring working conditions for labor arbitrators, labor arbitration boards, and labor arbitration councils; paying benefits, incentives, and rewards to labor arbitrators and labor arbitration councils; managing and archiving records of labor arbitrators, labor arbitration councils, records of labor dispute resolution cases of labor arbitration boards, and other related documents as prescribed;

d) To preside over and coordinate with specialized units of the Ministry of Labour, Invalids and Social Affairs to organize training and professional development courses for labor arbitrators in the area;

d) Conduct inspections, examinations, and supervision of labor arbitration work in accordance with the law;

e) Annually, the Labor Arbitration Council compiles a report on the activities of labor arbitrators and submits it to the Chairman of the Provincial People's Committee and the Ministry of Labor, War Invalids and Social Affairs.

Section 3. LIST OF EMPLOYERS WHERE STRIKES ARE NOT ALLOWED AND THE RESOLUTION OF LABOR DISPUTES AT EMPLOYERS WHERE STRIKES ARE NOT ALLOWED

Article 105. List of workplaces where strikes are prohibited.

The list of workplaces where strikes are prohibited includes enterprises and business units where strikes could threaten national defense, security, public order, or human health, as specified in Appendix VI attached to this Decree.

Article 106. Resolution of individual and collective labor disputes concerning rights at workplaces where strikes are prohibited.

1. Individual labor disputes shall be resolved in accordance with the provisions of Articles 187, 188, 189, and 190 of the Labor Code.

2. Collective labor disputes concerning rights shall be resolved in accordance with the provisions of Articles 191, 192, 193, and 194 of the Labor Code.

Article 107. Settlement of collective labor disputes concerning interests at workplaces where strikes are prohibited.

1. Collective labor disputes concerning interests must be resolved through the conciliation procedure of a labor conciliator before requesting the Labor Arbitration Council or the Chairman of the Provincial People's Committee to resolve them.

2. Resolving collective labor disputes concerning the interests of labor mediators.

a) The resolution of collective labor disputes concerning the interests of labor mediators shall be carried out in accordance with the provisions of Clauses 1 and 2 of Article 196 of the Labor Code;

b) If conciliation fails or the conciliation period stipulated in Clause 2, Article 188 of the Labor 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 request the Labor Arbitration Council or the Chairman of the Provincial People's Committee to resolve the dispute.

3. Resolving collective labor disputes concerning interests by the Labor Arbitration Council.

a) The resolution of collective labor disputes concerning interests by the Labor Arbitration Council shall be carried out in accordance with the provisions of Clauses 1, 2 and 3 of Article 197 of the Labor Code;

b) If, after the time limit stipulated in Clause 2, Article 197 of the Labor Code, the Labor Arbitration Board is not established, or after the time limit stipulated in Clause 3, Article 197 of the Labor Code, the Arbitration Board does not issue a decision resolving the dispute, or one of the parties fails to comply with the dispute resolution decision of the Labor Arbitration Board, then one of the parties has the right to request the Chairman of the Provincial People's Committee to resolve the dispute.

While the Labor Arbitration Council is resolving collective labor disputes concerning interests, the parties are not allowed to simultaneously request the Chairman of the Provincial People's Committee to resolve the dispute.

4. Resolving collective labor disputes concerning interests by the Chairman of the Provincial People's Committee.

a) Within 02 working days from the date of receiving a request to resolve a collective labor dispute concerning interests, the Chairman of the Provincial People's Committee shall assign the Department of Labor, War Invalids and Social Affairs to coordinate with relevant agencies to propose a solution to the dispute;

b) Within 10 working days from the date of assignment by the Chairman of the Provincial People's Committee to handle labor disputes, the Department of Labor, War Invalids and Social Affairs is responsible for coordinating with the Provincial Labor Federation and relevant agencies to investigate the case and guide the disputing parties to negotiate a resolution. If the disputing parties reach an agreement, the Department of Labor, War Invalids and Social Affairs shall draw up a record signed by representatives of the disputing parties and submit a written report to the Chairman of the Provincial People's Committee informing them of the results of the labor dispute resolution agreement. If, after the 10 working days, the disputing parties do not reach an agreement, within the next 05 working days, the Department of Labor, War Invalids and Social Affairs shall coordinate with the Provincial Labor Federation and relevant agencies to propose a solution to the labor dispute and report it to the Chairman of the Provincial People's Committee for consideration and decision;

c) Within 05 working days from the date of receiving the labor dispute resolution plan proposed by the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall preside over a meeting inviting the disputing parties, representatives of the Provincial Labor Federation and relevant agencies and organizations to give their opinions on the dispute resolution plan and issue a decision on the labor dispute resolution.

The decision of the Chairman of the Provincial People's Committee on resolving labor disputes is final and must be complied with by the disputing parties.

Article 108. Settlement of disputes relating to the right to collective bargaining at workplaces where strikes are prohibited.

Disputes between parties concerning the right to collective bargaining at workplaces where strikes are prohibited shall be resolved in accordance with the Government's regulations on dispute resolution concerning the right to collective bargaining as stipulated in Clause 4, Article 68 of the Labor Code.

Section 4. POSTPONEMENT, SUSPENSION OF STRIKES AND RESOLUTION OF WORKERS' RIGHTS

Article 109. Cases of postponement or cessation of strikes

1. Postponing a strike is when the Chairman of the Provincial People's Committee issues a decision to postpone the start date of a strike that has been set in the strike decision of the labor representative organization at the workplace that has the right to organize and lead the strike.

2. Stopping a strike means that the Chairman of the Provincial People's Committee issues a decision to temporarily suspend an ongoing strike until there is no longer a risk of causing serious damage to the national economy, public interest, threatening national defense, security, public order, or human health.

3. Cases where strikes are postponed:

a) Strikes are planned to be organized at units providing electricity, water, public transport, and other services directly involved in organizing rallies to commemorate holidays and festivals as stipulated in Clause 1, Article 112 of the Labor Code;

b) Strikes are planned to be held in areas where activities are taking place to prevent and mitigate the consequences of natural disasters, fires, dangerous epidemics, or emergency situations as prescribed by law.

4. Cases where strikes are stopped:

a) Strikes occur in areas experiencing natural disasters, fires, dangerous epidemics, or emergency situations as defined by law;

b) Strikes lasting three days at electricity, water, and public sanitation service providers are affecting the environment, living conditions, and health of the people in the provincial city;

c) Strikes involving violent acts and disturbances that affect the property and lives of investors, cause serious damage to the national economy and public interests, and threaten national defense, security, public order, and human health.

Article 110. Procedures for postponing strikes

1. Within 24 hours of receiving the strike decision from the labor representative organization at the establishment with the right to organize and lead the strike, the Director of the Department of Labor, War Invalids and Social Affairs must review the matter. If the strike falls under the cases stipulated in Clause 3, Article 109 of this Decree, a written report must be submitted to the Chairman of the Provincial People's Committee to decide on postponing the strike.

A written request to postpone a strike, submitted to the Chairman of the Provincial People's Committee, must include the following essential information: the name of the employer where the strike is planned to take place; the name of the labor representative organization organizing and leading the strike; the planned location of the strike; the planned start time of the strike; the demands of the labor representative organization; the reasons for the necessary postponement; the proposed postponement, the duration of the postponement, and measures to implement the decision to postpone the strike made by the Chairman of the Provincial People's Committee.

2. Within 24 hours of receiving the report from the Director of the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall consider and issue a decision to postpone the strike. Within 12 hours of issuing the decision, the Chairman of the Provincial People's Committee must notify the Chairman of the District People's Committee, the Chairman of the Provincial Labor Union, the Chairman of the Labor Arbitration Council, the employee representative organization at the workplace with the right to organize and lead the strike, and the employer where the strike is planned to take place. The decision to postpone the strike by the Chairman of the Provincial People's Committee shall take effect from the date of signing.

3. Based on the decision of the Chairman of the Provincial People's Committee, the employee representative organization at the workplace has the right to organize and lead a strike. Employees, employers, and related individuals and organizations must immediately postpone the strike as prescribed.

Article 111. Procedures for implementing strike cessation.

1. When a strike falls under the circumstances stipulated in Clause 4, Article 109 of this Decree, the Department of Labor, War Invalids and Social Affairs must immediately report to the Chairman of the People's Committee of the district level about stopping the strike.

Within 12 hours of receiving the report from the Department of Labor, War Invalids and Social Affairs, the Chairman of the District People's Committee shall consider and propose to the Chairman of the Provincial People's Committee to decide on stopping the strike, and simultaneously send it to the Director of the Department of Labor, War Invalids and Social Affairs. The proposal to stop the strike sent to the Chairman of the Provincial People's Committee shall include the following basic contents: Name of the employer where the strike is taking place; name of the labor representative organization organizing and leading the strike; location of the strike; time of commencement of the strike; scope of the strike; number of workers participating in the strike; demands of the labor representative organization; reasons for stopping the strike; recommendations regarding the cessation of the strike and measures to implement the decision to stop the strike by the Chairman of the Provincial People's Committee.

2. Within 12 hours of receiving the report from the Chairman of the District People's Committee, the Director of the Department of Labor, War Invalids and Social Affairs must provide his/her opinion for the Chairman of the Provincial People's Committee to consider and decide on ending the strike.

3. Within 12 hours of receiving the opinion of the Director of the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall consider and issue a decision to stop the strike. Within 12 hours of issuing the decision, the Chairman of the Provincial People's Committee must notify the Chairman of the District People's Committee, the Chairman of the Provincial Labor Union, the Chairman of the Labor Arbitration Council, the employee representative organization at the workplace with the right to organize and lead the strike, and the employer where the strike is taking place. The decision to stop the strike by the Chairman of the Provincial People's Committee shall take effect from the date of signing.

4. Within 12 hours of the Provincial People's Committee Chairman issuing a decision to stop the strike, the employee representative organization at the workplace that has the right to organize and lead the strike, the employees, the employer, and related individuals and organizations must immediately stop the strike as prescribed.

5. Within 24 hours of receiving the decision to cease the strike from the Chairman of the Provincial People's Committee, the Chairman of the District People's Committee must report to the Chairman of the Provincial People's Committee on the results of the strike cessation.

Article 112. Settling the rights of workers when a strike is postponed or stopped.

1. During the period of implementing the decision to postpone or suspend strikes at the request of the Chairman of the Provincial People's Committee, the Department of Labor, War Invalids and Social Affairs, the Labor, War Invalids and Social Affairs Office, in coordination with the Provincial and District Labor Federations, the employee representative organizations at the workplace with the right to organize and lead strikes, the employers where the strikes are postponed or suspended, and relevant agencies shall support the parties in negotiating and mediating to resolve the rights of workers and other related disputes.

2. When the strike postponement period, as decided by the Chairman of the Provincial People's Committee, expires and the two sides fail to negotiate a resolution of workers' rights and other related disputes, the workers' representative organization at the workplace that has the right to organize and lead strikes may continue to organize strikes, but must notify the employer, the District People's Committee, and the Department of Labor, War Invalids and Social Affairs in writing at least 05 working days before the start of the strike.

Article 113. Rights and responsibilities of workers when a strike ends.

1. After the Chairman of the Provincial People's Committee decides to end the strike, the workers must return to work and receive their wages.

2. After the Chairman of the Provincial People's Committee decides to end the strike, if the workers do not return to work, they will not be paid, unless otherwise agreed upon by both parties. Depending on the severity of the violation, the workers will be subject to disciplinary action in accordance with the labor regulations and applicable laws.

Chapter 11

TERMS ENFORCEMENT

Article 114. Enforcement

1. This Decree shall take effect from January 01, 2021.

2. From the date this Decree takes effect, the following Decrees shall cease to be in effect:

a) Decree No. 03/2014/ND-CP dated January 16, 2014 of the Government detailing the implementation of a number of articles of the Labor Code on employment;

b) Government Decree No. 44/2013/ND-CP dated May 9, 2013, detailing the implementation of several articles of the Labor Code on labor contracts; Government Decree No. 05/2015/ND-CP dated January 12, 2015, detailing and guiding the implementation of several provisions of the Labor Code; Government Decree No. 148/2018/ND-CP dated October 24, 2018, amending and supplementing several articles of Government Decree No. 05/2015/ND-CP dated January 12, 2015, detailing and guiding the implementation of several provisions of the Labor Code;

c) Government Decree No. 29/2019/ND-CP dated March 20, 2019, detailing the implementation of Clause 3, Article 54 of the Labor Code regarding the licensing of labor leasing activities, the deposit requirement, and the list of jobs permitted for labor leasing.

d) Government Decree No. 149/2018/ND-CP dated November 7, 2018, detailing Clause 3, Article 63 of the Labor Code on the implementation of grassroots democracy regulations at the workplace;

d) Government Decree No. 49/2013/ND-CP dated May 14, 2013, detailing the implementation of several articles of the Labor Code on wages; Government Decree No. 121/2018/ND-CP dated September 13, 2018, amending and supplementing several articles of Government Decree No. 49/2013/ND-CP dated May 14, 2013, detailing the implementation of several articles of the Labor Code on wages;

e) Government Decree No. 45/2013/ND-CP dated May 10, 2013, detailing a number of articles of the Labor Code on working hours, rest periods, and occupational safety and health;

g) Government Decree No. 85/2015/ND-CP dated October 1, 2015, detailing a number of provisions of the Labor Code on policies for female workers;

h) Government Decree No. 27/2014/ND-CP dated April 7, 2014, detailing the implementation of several articles of the Labor Code concerning domestic helpers;

i) Government Decree No. 46/2013/ND-CP dated May 10, 2013, detailing the implementation of several articles of the Labor Code concerning labor disputes;

k) Government Decree No. 41/2013/ND-CP dated May 8, 2013, detailing the implementation of Article 220 of the Labor Code regarding the list of employers prohibited from striking and the resolution of collective labor demands in employers prohibited from striking.

3. Enterprises that were granted labor leasing licenses before the effective date of this Decree may continue to operate labor leasing activities until their licenses expire. Cases of license renewal, re-issuance, or revocation shall be governed by the provisions of Articles 26, 27, and 28 of this Decree.

4. Employers employing fewer than 10 workers are not required to organize a workers' conference and issue regulations on grassroots democracy at the workplace as stipulated in Articles 47 and 48 of this Decree. Employers that are state administrative agencies or public service units employing workers under labor contracts as stipulated in Government Decree No. 68/2000/ND-CP dated November 17, 2000, on the implementation of the contract regime for certain types of work in state administrative agencies and public service units, and Government Decree No. 161/2018/ND-CP dated November 29, 2018, amending and supplementing a number of regulations on recruitment of civil servants and public employees, promotion of civil servants, and the implementation of the contract regime for certain types of work in state administrative agencies and public service units, and which are subject to Government Decree No. 04/2015/ND-CP dated January 9, 2015, on the implementation of democracy in the activities of state administrative agencies and public service units, are not required to organize a review process. Dialogue and implementation of democratic regulations at the grassroots level in the workplace are covered in Chapter V of this Decree.

5. Working hours and rest periods for officials, civil servants, public employees, and members of the People's Army and People's Police are regulated by other legal documents; in cases where other legal documents do not provide regulations, the provisions of Chapter VII of this Decree shall apply.

6. Labor mediators appointed before the effective date of this Decree who are still in their appointment period shall continue to serve as labor mediators until the end of their appointment term, except in cases where they are subject to dismissal as stipulated in points a, c, d, and e of Clause 1, Article 94 of this Decree.

7. In case the documents cited in this Decree are amended, supplemented, or replaced, the newly issued documents shall apply.

Article 115. Responsible for implementing

Ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial and centrally-administered city People's Committees, and relevant agencies, enterprises, organizations, and individuals are responsible for implementing this Decree.

TM. GOVERMENT PRIME MINISTER Nguyen Xuan Phuc