Socialist republic of viet nam independence Freedom Happiness



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particupar properties.
For jobs with particular properties in the area of road, railways, waterways and air transportation, oil and gas exploration and extraction at sea; working at sea, in the area of art; using radiation and nuclear engineering; application of high frequency waves; diver’s work, work in the pit; work of seasonal production and work of goods processing by the purchase order; the 24/24 permanent work, the management ministries and sector shall specifically regulate the working time and the rest time after having agreed with the
Ministry of Labour, Invalids and Social Affairs and must comply with the provisions in the Article 18 of this Code.
Chapter VIII
LABOR DISCIPLINE AND MATERIAL RESPONSIBLITY
Section 1. LABOUR DISCIPLINE
Article 118. Labour discipline
Labour discipline is the regulations concerning the compliance with the time, technology, and business and production management in the labour rule.
Article 119. Labour rule
1. The employer who employs from ten (10) or more employees must have the labour rule in writing.
2. The contents of the labour rule must not be contrary to the law on labor and other regulations of the relevant law. The labor rule includes the following essential contents: a) Working hours and rest time; b) Order at the workplace; c) Labor safety and hygiene at the workplace; d) Protection of assets and business and technology secrets and intellectual property of the employer; dd) Acts of violation of the labor rule of the employee and the forms of labor discipline and material responsibility
3. Before issuing the labor rule, the employer must consult the representative organization of the labor collective at the grassroots level.
4. The labor rule must be notified to the worker and the main contents must be posted at necessary places within the enterprise.
Article 120. Registration of labor rule
1. The employer must register the labor rule at the state management agency on labor at the provincial level.

2. Within 10 days from the date of promulgation of labor rule, the employer must submit dossier for registration of the labor rule.
3. Within 07 working days after receipt of the dossier for registration of the labor rule, if the labor rule contains the provisions contrary to law, the state management agency on labor at provicial level shall notify and guide the employer to make amendment and supplementation.
Article 121. Dossier for registration of the labor rule
Dossier for registration of the labor rule includes:
1. The written request for registration of the labor rule;
2. The documents of the employer that have provisions relating to the labor discipline and material responsibilities
3. The minutes of opnions of the representative organization of the labor collective at the grassroots level.
4. The labor rule
Article 122. Effect of the labor rule
The labor rule shall take effect after 15 days from the date the state management agency on labor at provicial level receives the dossier for registration of the labor rule, except for the case prescribed in clause 3, Article 120 of this Code
Article 123. Principles and procedures of labor discipline
1. The labor discipline is regulated as follows: a) The employer must prove the employee’s fault; b) There must be the participation of the representative organization of the labor collective at the grassroots level. c) The employee must be present and has the right to defend himself, request a lawyer or someone to defend. In case of a person under age 18, there must be the participation of parents or the legal representative; d) The labor discipline must be made in writing.
2. There is no permission to apply various forms of labor discipline for a violation of labor discipline.
3. When an employee at the same time has many acts of violation of the labor discipline, only the highest form of discipline shall apply corresponding to the most serious act of violation.
4. There is no permission for the labor discipline for the employe in the following time a) Taking leave due to sickness, in convalescence and work leave with the permission of the employer; b) Being in custody or detention;
c) Awaiting the results of the competent authority to investigate, verify and conclude for the acts of violations prescribed in Clause 1, Article 126 of this Code; d) The female employee is pregnant and takes maternity leave; the employee nourishes her child under 12 months old
5. No labor discipline for the employee violating the labor discipline while suffering from the mental illness or another disease that causes the loss of consciousness ability or the loss of his behaviour control
Article 124. Limitation of labor discipline
1. The limitation of labor discipline is up to 06 months from the date the occurrence of violation; in case the act of violation is directly related to the finance, property, disclosure of business and technology secret of the employer, the limitation of the labor discipline is up to 12 months.
2. When the time period is over as specified in points a, b and c, Clause 4 of the Article
123, if the limitation is still valid to discipline the employees, the employer shall conduct the labor discipline immediately, if the limitation expires, it shall be extended for the labor discipline but not exceeding 60 days maximally from the end date of the time period above mentioned.
When the time period specified at Point d, Clause 4 of the Article 123 is over but the limitation of the labor discipline has ended, the limitation shall be extended for the labor discipline but not exceeding 60 days maximally from the end date of the time period above mentioned.
3. The decision on the labor discipline must be issued within the time limit specified in
Clause 1 and Clause 2 of this Article.
Article 125. Form of labor discipline
1. Reprimand
2. Prolongation of wage increase within 06 months; dissmissed from office.
3. Dismissal
Article 126. Application of the form of disciplinary dismissal
The form of disciplinary dismissal is applied by the employer in the following cases:
1. The employee has the act of theft, embezzlement, gambling, intentionally causing injury, using drug within the workplace, disclosing the technology and business secrets, intellectual property infringement of the employer, having the act of causing serious damage or threatening to cause extremely serious damage to the property and interests of the employer;
2. The employee is disciplined by the prolongation of salary increase period but still repeating the violation during the time the disciplinary has not been cancelled or disciplined by the dismissal but still repeating the violation.
Recividism is the case the employee repeats the act of violation that was disciplined but the discipline hasnot been deleted as prescribed in the Article 127 of this Code

3. The employee quits his job willingly totally 05 days in 01 months or 20 days totally in
01 year without any proper reason.
The cases are considered the proper reason including: natural disaster, fire, self and relative falls ill with the certification of the competent medical facility and other cases prescribed in the labor rule.
Article 127. Deletion of discipline and reduce of execution term of labor discipline
1. The employee is reprimanded after 03 months, or is disciplined by the prolongation of salary increase period after 06 months from the date of being handled, if the violation is not repeated, the discipline shall be automatically deleted. In case of labor discipline in the form of dissmissal, after a period of 03 years, if violation of labor discipline is repeated, it shall not be considered recidivism.
2. The employee is disciplined by the prolongation of salary increase period, after having executed half the period, if making progress in discipline execution, he may be considered by the employer for a remission
Article 128. Prohibited regulation upon labor discipline
1. Violating the employee’s body or dignity.
2. Applying the form of fine, salary cutting in lieu of labor discipline.
3. Handling the labor discipline for the employee having the act of violation not prescribed in the labor rule.
Article 129. Suspension of work
1. The employer has the right to suspend the work of the employee when the violation has complicated circumstances, seeing that if letting the employee continue working, which shall cause the difficulty for the verification. The suspension of the employee's work is done only after consultation with the representative organizations of the labor collective at the grassroots level.
2. The temporary suspension shall not exceed 15 days and not exceeding 90 days in special cases. During the time of work suspension, the employee shall be advanced 50% of the salary before being suspended from work.
Upon the end of work suspension, the employer must get the employee back to work.
3. Where the employee receives the labor discipline, the employee does not have to pay back the salary already advanced.
4. Where the employee does not receive the labor discipline, the employer shall make the salary payment for the period of work suspension
Section 2. MATERIAL RESPONSIBILITY
Article 130. Damage compensation
1. If the employee causes damage to the tools or equipment or has other acts that cause damage to the employer’s property, he shall make a compensation as prescribed by the law

In case the employee does not cause serious damage due to negligence with a value not exceeding the regional minimal salary of 10 month announced by the Government applied at the employee’s workplace, the employee shall make a compensation of 03 months' salary at most and be deducted from the monthly salary as prescribed in Clause
3, Article 101 of this Code.
2. Where the employee loses the tools, equipment and property of the employer or other property assigned by the employer or consumes the materials over the permitted norm, he shall be liable for making the compensation of damages partially or entirely according to current market price; in case of a liability contract, he shall make the compensation under the liability contract; in case of natural disasters, fire, enemy-inflictes destruction, epidemics, disasters and occurrence of unforeseeable and unsurmountable objective events despite taking all necessary measures and allowable ability, he shall not make the compensation.
Article 131. Principle and order and procedure for the handling of damage
compensation.
1. The consideration and decision on the rate of compensation must be based on the fault, the actual extent of damage and the actual family situation, personal record and property of the employee.
2. The order, procedure and limitation of the handling of the damage compensation apply in accordance with the Article 123 and 124 of this Code
Article 132. Complaint about labor discipline and material responsibility
The person subject to the handling of labor discipline, work suspension or damage compensation under the material regime, if thinking unsatisfactory, he may lodge a complaint with the employer, the competent authorities in accordance with regulation of the law or request to settle the labor disputes in the order prescribed by law.
Chapter IX
LABOR SAFETY AND HYGIENE
Section 1. GENERAL PROVISIONS ON LABOR SAFETY AND HYGIENE
Article 133. Compliance with the law on labor safety and hygiene
All enterprises, agencies, organizations and individuals related to labor and production must comply with the law on labor safety and hygiene.
Article 134. State policy on labor safety and hygiene
1. The State has invested in scientific research and supported the development of the facilities manufacturing the equipment of labor safety and hygiene, and personal protective equipment.
2. Encouraging the development of services on labor safety and hygiene.
Article 135. Program of labor safety and hygiene
1. The Government has decided the national Program on labor safety and hygiene.

2. The provincial People's Committee shall build and present the people's Council to decide the labor safety and hygiene program within the scope of locality and put into the plan of social and economic development.
Article 136. National technical regulations on labor safety and hygiene
1. The Ministry of Labour, Invalids and Social Affairs shall preside over and coordinate with the ministries and sectors and localities to build, issue and make guidance for implementation of the national technical regulations on labor safety and hygiene.
2. The employer shall rely on the standards and national technical regulations, the local technical regulations on labor safety and hygiene to build the rules and working procedures to guarantee the labor safety and hygiene in accordance with each type of machinery, equipment and workplace.
Article 137. Guaranteeing the labor safety and hygiene at the workplace
1. When newly building, expanding or improving the works and facility for production, utilization, preservation and storage of machinery, equipment, materials and substances with strict requirements on labor safety and hygiene, the investor and employer must make a plan on the measures to guarantee the labor safety and hygiene for the workplace of employees and the environment.
2. When manufacturing, using, preserving and transporting the type of machinery, equipment, materials, energy, electricity, chemicals, plant protection drugs, the change of technology and import of new technology must comply with the national technical regulations on labor safety and hygiene or the standar on labor safety and hygiene at workplace that has been published and applied.
Article 138. Obligations of the employer and employe for the work of labor safety
and hygiene
1. The employer has the following obligations: a) To ensure the workplace meets the requirements of space, ventilation, dust, steam, toxic gas, radiation, electro magnetic field, heat, humidity, noise, vibration and other harmful elements specified in the relevant technical regulations and those factors must be tested and measured periodically. b) To ensure the conditions on labour safety and hygiene for machinery, equipment, workshop to reach the national technical regulations on labor safety and hygiene or standards on labour safety and hygiene at the workplace that has been published and applied. c) Testing and assessing the dangerous and harmful factors, harmful at workplace of the facility to set out the exclusion measures to minimize hazards, harmfulness and improve the working conditions and health care for the employees; d) Periodically testing and maintaining the machinery, equipment, workshops and warehouses; dd) There must be instruction table on labour safety and hygiene for the machinery, equipment and workplace and it should be put at the legible and visible place labour safety and hygiene the workplace;
e) Gathering opinions of the representative organization of labor collective at the grassroots level when making a plan and implementing the activities to guarantee the labour safety and hygiene.
2.The employee has the following obligations: a) To comply with the regulations, procedures and rules on the labour safety and hygiene related to the work and duties assigned. b) To use and maintain the personal protective equipment already equipped; the equipment of labor safety and hygiene at the workplace; c) To promptly report to the responsible person upon detecting the risk of occurrence of occupational accident and disease, toxic or dangerous incident, to participate in emergency and remedy the consequence of occupational accident upon the employer’s order.
Section 2. OCCUPATIONAL ACCIDENT AND DISEASE
Article 139. Person performing work of labor safety and hygiene
1. The employer must appoint a person performing the work of labor safety and hygiene.
For the production and business facilities in the areas with the risks of occupational accidents and diseases and with the employmwnt of 10 employees or more, the employer must appoint a person with relevant expertise to be in charge of the work of labor safety and hygiene
2. The person performing the work of labor safety and hygiene must be trained on the labor safety and hygiene
Article 140. Handling of incidents and emergency response
1. In the handling of incidents and emergency response, the employer has the following responsibilities: a) Making a plan for handling of incidents and emergency response and periodically organizing the exercises; b) Being equipped with the technical and medical facilities to ensure the timely rescue and first aid upon the occurrence of labor incidents and accidents; c) Immediately implementing the remedial measures or immediately ordering the cease of operation of machinery, equipment, workplace likely to cause occupational accidents and diseases.
2. The employee has the right to refuse to perform the work or quit the workplace and still get payment of full salary and is not considered violation of labor discipline upon clearly seeing the risk of occurrence of occupational accidents and diseases, seriously threatening his life or health and he must immediately notify the person in direct charge.
The employer shall not force the employee to continue that work or return to that workplace if the danger has not been remedied.
Article 141. Allowance in kind for the employee working in dangerous and
hazardous conditions

The person working in dangerous and hazardous conditions shall receive the allowance in kind as prescribed by the Ministry of Labour, Invalids and Social Affairs
Article 142. Occupational accident
1. Occupational accident is an accident that causes injury to any part and function of the body or death to employee occuring during the working process associated with the implementation of work and labor tasks.
This regulations applies to trade apprentice, trainee and probationer
2. The person suffering occupational accident must receive a timely emergency and considerate treatment.
3. All occupational accidents and diseases and other serious incidents at the workplace must be declared, investigated, recorded, statisticed and periodically reported as prescribed by the Government.
Article 143. Occupational disease
1. Occupational diseases are diseases caused by the harmful working conditions of the occupation effecting on the employee
The list of occupational diseases issued by the Ministry of Health in coordination with the
Ministry of Labour - Invalids and Social Affairs after gathering opnions of the General
Confederation of Labour of Vietnam and the representative organizations of employer
2. The person suffering from occupational disease must be treated carefully, examined health periodically and has separate health record.
Article 144. Responsibilities of the employer for the person suffering occupational
accident and disease.
1. Making the payment of the co-payment costs and the costs not included under the list paid by the health insurance for the employee participating in health insurance and making full payment of all medical expenses from the first aid, emergency to the stable treatment for the employees not participating in health insurance.
2. Making full payment of salary under the labor contract to the employee suffering the occupational accident and disease and having to take leave during treatment.
3. Making compensation to the employee suffering the occupational accident and disease as prescribed in the Article 145 of this Code.
Article 145. Rights of the employee suffering the occupational accident and disease
1. The employees participating in compulsory social insurance are entitled to enjoy the regime of occupational accident and disease in accordance with the Law on social insurance.
2. The employee subject to participating in compulsory social insurance but the employer have not paid the social insurance premiums to the social insurance agency, he shall be paid an amount corresponding to the regime of occupational accident and disease under the Law on social insurance.
The payment can be made once or every month as agreed by the parties.

3. The employee with occupational accidents and disease not due to the fault of employee and reduced working capacity from 5% or more shall be compensated by the employer at the following rate: a) At least equal to 1.5 month' salary under the labor contract if the employee is reduced from 5.0% to 10% of his working capacity and then every 1.0% increase, an addition of
0.4 months of salary under the labor contract if reduced working capacity from 11% to
80%; b) At least 30 months' salary under labor contract for the employee reduced his working capacity from 81% or more or for the death of the employee’s relative from the occupational accidents.
4. Where due to the fault of the employee, he also receives an allowance of an amount at least equal to 40% of the rate prescribed in Clause 3 of this Article.
Article 146. Prohibited acts in the labor safety and hygiene
1. Making payment in cash in stead of allowance in kind
2. Concealing, declaring or reporting falsely the truth about the occupational accident and diseases.
Section 3. PREVENTION OF OCCUPATIONAL ACCIDENT AND DISEASES.
Article 147. Inspection of machinery, equipment and materials with strict
requirement on labor safety
1. The types of machinery, equipment and materials with strict requirements on labor safety must be inspected before being put into use and periodically inspected during the process of utilization by the organization of technical inspection of labor safety.
2. The list of machinery, equipment and materials with strict requirements on labor safety is issued by the Ministry of Labour, War Invalids and Social Affairs.
3. The Government regulates the conditions of the organization of technical inspection of labor safety.
Article 148. Plan for labor safety and hygiene
Each year, upon making plan for production and business, the employer must make a plan and measures for the labor safety and hygiene and improve the working conditions.
Article 149. Means of personal protection in labor
1. The employee who performs work with the toxic and dangerous factors shall be fully equipped with the means of personal protection by the employer and must use them during the working process in accordance with the Ministry of Labour - Invalids and society.
2. The means of personal protection must meet the standard of quality
Article 150. Training on labor safety and hygiene
1. The employer, person performing work of labor safety and hygiene must take part in a training course on the labor safety and hygiene and is examined, tested and granted
certificate performed by the organization of training service operation on labor safety and hygiene.
2. The employer must organize the training on labor safety and hygiene to the employee, trade apprentice, trainee upon recruitment and personnel arrangement; making guidance of regulations on labor safety and hygiene to the person visiting and working at the facility under the scope of management of the employer.
3. The employees performing work with strict requirements on labor safety and hygiene must attend a training course of labor safety and hygiene, taking examination and receiving the certificate.
4. The Ministry of Labour - Invalids and Social Affairs stipulates the conditions of the organization of training service operation on labor safety and hygiene; building a framework program of training on labor safety and hygiene; the list of work with strict requirements on labor safety


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