Article 151. Information on labor safety and hygiene The employer must announce the complete information on the situation of occupational accidents, occupational diseases, dangerous and harmful factors, and measures to ensure the labor safety and hygiene at workplace for the employee Article 152. Health care for employee 1. The employer must rely on the health standards regulated for each type of work for recruitment and arrangement of employees. 2. Each year, the employer must organize periodic health examinations for the employee, including the trade apprentice, trainee, female employees must receive the gynaecology examination, person who performs hard and hazardous work, the disabled and juvenile employee, elderly employee health must be examined health at least once for every 6 months. 3. The employees working in conditions at risk of occupational disease must be examined the occupational disease as prescribed by the Ministry of Health. 4. The employee with occupational accident and disease must receive a medical examination for disability rating, determination of the degree of reduction of working capacity and shall be under the treatment, working rehabilitation and in convalescence in accordance with the law. 5. The employee after suffering from occupational accident and disease, if being able to keep on working, he shall be arranged a job suitable to his health in accordance with the conclusions of the Medical Examination Council on labor 6. The employer must manage the health records of employees and a general monitoring record in accordance with the regulations of the Ministry of Health. 7. The employee working at the place where there are toxic and infectious factors, upon the end of the working hours, the employer must guarantee the measures of decontamination and sterilization. Chapter X
PRIVATE REGULATIONS FOR FEMALE EMPLOYEE Article 153. State policies for female employee 1. To ensure the equal working rights of female employee 2. To encourage employers to create conditions for female employee to work regularly and widely apply the flexible timetable working regime, working shorter hours and assigning work at home. 3. To take measures to create jobs, improve working conditions; improve their occupational level, health care, enhancing the physical and mental welfare for female employees to help them promote their professional capacity efficiently, harmoniously combining the working life and family life. 4. To have tax reduction for employer who employs many women employees in accordance with the law on tax. 5. To expand the type of training convenient for women employee to have additional reserve job and appropriate with the physical physiological characteristics, and maternal functions of women. 6. The State makes plans and takes measures for the organization of preschool, kindergarten at the place where there are many female employees. Article 154. Obligations of the employer for thefemale employee 1. To ensure the gender equality and measures to promote the gender equality in recruitment, utilization, training, working time, rest time, salary and other regimes. 2. To gather opnions of the female employees or their representative upon making decision on the rights and interest of women. 3. To ensure that there are enough suitable bathrooms and toilets at the workplace. 4. To assist and support the building of nursery school, kindergarten or partial cost of child care at kindergartens for female employee. Article 155. Maternity protection for women employee 1. The employer is not entitled to use female employee to work at night, work overtime work and take far business trip in the following cases: a) Being pregnant from the 7 th or 6 th month if working in upland and remote areas, border and island areas; b) Fostering child under 12 months old. 2. Femal employee does heavy work during pregnancy from 07 th month shall be transferred to lighter work or reduced 1 working hour every day but still enjoying full payment. 3. The employer is not entitled to dismiss or unilaterally terminate the labor contract with the femal employee for the reason of marriage, pregnancy, maternity leave, fostering child under 12 months old, except for the case the employer is the individual who has died, is declared by the court of losing capacity of civil acts, missing or dead or the employer is not the individual terminating the operation.
4. During pregnancy, leave upon having a child under the provisions of law on social insurance, fostering child under 12 months old, female employees shall not receive the labor discipline. 5. Female employee during menstruation is entitled to take a break of 30 minute everyday; and 60 minutes a day during working hours while fostering child under 12 months of age with full payment under the labor contract. Article 156. Right of unilateral termination and suspension of labor contract of pregnant employee The pregnant female employee if certified by the competent medical facility that the fetus of the female employee will be affected if she continues to work, has the right to terminate the labor contract or suspend the labor contract performance. The time limit that the female employees must notify the employer depends on the time limit set by the competent medical facility. Article 157. Maternity leave 1. The time the female employee is entitled to take leave before and after birth is 06 months. In case the female employee gives a birth of twin or more, from the 2th child onwards, every child, the mother is entitled to 01 month leave additonally. The prenatal period of leave shall not exceed 02 months. 2. During maternity leave, the female employee is entitled to maternity leave under the provisions of law on social insurance. 3. Upon expiry of maternity leave as prescribed in Clause 1 of this Article, if having a demand, the female employees can take one more unpaid day under the agreement with the employer. 4. Before the expiry of maternity leave as prescribed in Clause 1 of this Article, if having a demand, with the certification of the competent medical facility concerning the early work without harmfulness to the female employee’s health and with the consent of the employer, the female employee can get back to work after taking leave of at 04 moths. In this case, in addition to the salary of the working days paid by the employer, the female employee continues to receive maternity allowance under the provisions of law on social insurance. Article 158. Guranteeing work for female employee taking maternity leave The female employee shall be guaranteed the old job upon returning to work after the end of maternity leave as prescribed in Clause 1 and Clause 3 of Article 157 of this Code, in case the old job no longer exists, the employer must arrange another job for her with the salary rate not lower than that before maternity leave. In this case, in addition to the salary of the working days paid by the employer, the female employee continues to receive maternity allowance under the provisions of law on social insurance.
Article 159. Allowance upon leave to care for sick children, prenatal care, implementation of contraceptive methods The time off work when prenatal care, miscarriage, abortion, stillbirth, pathological abortion, implementation of contraceptive methods, care of sick child under age 07, fostering adopted child under age 06, the female employee is entitled to social insurance allowances in accordance with the law on social insurance. Article 160.Work without permission to employ female employee 1. The work can adversely affect the reproductive function and child fostering under the list issued by the Ministry of Labour - Invalids and Social Affairs in coordination with the Ministry of Health issued. 2. Performing the work regularly in water. 3. Performing the work regularly in mine Chapter XI EXCLUSIVE PROVISIONS FOR UNDER AGE EMPLOYEE AND A NUMBER OF TYPES OF EMPLOYEE Section 1. UNDERAGE EMPLOYEE Article 161. Underage employee The underage employee is the employee under 18 years old Article 162. Employment of underage employee 1. The employer only employs the underage employee in the jobs appropriate with his health to ensure the physical, intellectual development and personality development and is responsible for paying attention and taking care of the underage employee in terms of labor, salary, health and education in the labor process. 2. When employing underage employee, the employer must make a separate monitoring book, recording the full name, birth date, current job, the results of the periodical health examination and produce it upon the requirement of the competent state agency. Article 163. Principle to employ the underage employee 1. Do not employ the underage employee to perform heavy, hazardous and dangerous jobs or the jobs negatively affecting his personality under the list issued by the Ministry of Labour - Invalids and Social Affairs in coordination with the Ministry of Health 2. The working hours of the underage employee from full 15 years of age to under 18 years must not exceed 08 hours in 01 days and 40 hours in 01 week The working hours of person under 15 years must not exceed 4 hours in 01 days and 20 hours in 01 week without working overtime and at night. 3. The person from full15 years of age and under 18 years is entitled to work overtime and at night in some occupations and jobs in accordance with the Ministry of Labour - Invalids and Social Affairs.
4. Do not employ the underage employee to produce and trade in alcohol, wine, beer, tobacco, substances affecting mind and other drugs; 5. The employer must provide opportunities for the underage employee and person under 15 years old to take part in labor and cultural learning. Article 164. Employing employee under 15 years old 1. The employer is only entitled to employ the person from full 13 years and under 15 years to perform light job under the list prescribed by the Ministry of Labour - Invalids and Social Affairs. 2. When employing the person from full 13 years and under 15 years, the employer must comply with the following provisions: a) Must sign the labor contracts in writing with the legal representative and must be agreed by the full 13 year and under 15 year old person; b) To arrange the working hours in order not to affect the class hour of the children; c) To ensure the working conditions, labor safety and hygiene appropriate with the age of the underage employee; 3. Do not employ the employee under age 13 except for some specific work regulated by the Ministry of Labour - Invalids and Social Affairs. When employing people under age 13 to work, the employer must comply with the provisions of Clause 2 of this Article. Article 165. The work and workplace prohibiting employment of underage employee 1. Prohibiting the employment of underage employee to perform the following jobs: a) Wearing, carrying and lifting heavy objects beyond the physical condition of the underage person; b) Producing and using or transporting the chemicals, gases, explosives; c) Maitaining the equipment and machinery; d) Demolishing constructional building; dd) Cooking, blowing, casting, rolling, stamping, welding metals; e) Diving, offshore fishing; g) Other work harming the health, safety or the ethics of the underage person. 2. Prohibiting the underage person to work at the following places a) Underwater, underground, in caves and in the tunnel; b) Constructional site; c) Slaughter facility; d) Casinos, bars, discos, karaoke rooms, hotels, motels, saunas and massage rooms; dd) Other workplace harming the health, safety or the ethics of the underage person.
3. The Ministry of Labour - Invalids and Social Affairs specifies the list at Point g, Clause 1 and Point d, Clause 2 of this Article. Section 2. ELDERLY EMPLOYEE Article 166. Elderly employee 1. The elderly employee is the person who continues working after age as prescribed in Article 187 of this Code. 2. The elderly employee is entitled to shorten daily working hours or apply the regime of shorter hour working. 3. The final year before retirement, the employee is entitled to reduce the normal working hours or apply the regime of shorter hour working. Article 167. Employment of elderly employee 1. When required, the employer may agree with healthy elder employee to prolong the term of labor contract or sign the new labor contract under the provisions of Chapter III of this Code. 2. Once retired, if working under a new labor contract, in addition to the interests under pension regime, the elderly employee still enjoys the interests agreed upon in labor contracts. 3. Do not employ the elderly employee to do the hard, hazardous and dangerous job adversely affecting the health of the elderly employee, except for the special cases as prescribed by the Government. 4. The employer is responsible to pay attention to and take care of the health of the elderly employee at the workplace. Section 3. VIETNAMESE EMPLOYEE WORKING ABROAD, WORKING FOR FOREIGN ORGANIZATION AND INDIVIDUAL IN VIETNAM, FOREIGN EMPLOYEE WORKING IN VIETNAM Article 168. Vietnamese employee working abroad, working for foreign organization and individual in Vietnam, foreign employee working in Vietnam 1. The State encourages the enterprises, agencies, organizations and individuals to seek and expand the labor market to send Vietnamese to work abroad. Vietnamese employee working overseas must comply with the provisions of the law of Vietnam, the host country law, except the case of international agreement in which Vietnam is a member contains different provisions. 2. Vietnamese citizens working in foreign enterprises in Vietnam, in industrial parks, economic zones and export processing zones, in foreign or international agencies and organizations or working for individuals who are foreign citizens in Vietnam must comply with the law of Vietnam and are protected by law. Article 169. Conditions of employee being the foreign citizen working in Vietnam. 1. The employee who is the foreign citizen working in Vietnam must have the following conditions:
a) Having capacity for civil acts in full; b) Having qualification, skills and health in accordance with the job requirements; c) Not being the criminal or prosecuted for criminal liability in accordance with the law of Vietnam and foreign law; d) Having working permit granted by the Vietnamese competent state authorities, except for the cases as prescribed in the Article 172 of this Code. 2. The employee who is a foreign citizen working in Vietnam must comply with Vietnam's labor law, international agreement in which Vietnam is a member contains different provisions and protected by the law of Vietnam. Article 170. Conditions for labor recruitment of foreign citizen 1. The enterprises, agencies, organizations, individuals and contractors in the country are only entitled to recruit foreign citizen to work as manager, operating director, specialist and technical employee while Vietnamese employee has not meet the production and business demand. 2. The foreing enterprises, agencies, organizations, individuals and contractors before recruiting employees who are foreign citizens to work in the territory of Vietnam must explain the demand for labor employment and be approved in writing from the competent state agency. Article 171. Work permit for the employee being the foreign citizen to work in Vietnam 1. The employee who is a foreign citizen must present a work permit when carrying out the procedures related to the exit, entry and present as required from the competent state agency. 2. The foreign citizen coming to work in Vietnam without work permits will be expelled from the territory of Vietnam as stipulated by the Government. 3. The employer who employs foreign citizen without a work permit to work for him, shall be handled as prescribed by law. Article 172. Foreign citizen working in Vietnam not subject to the grant of work permit 1. As contributing member, or owners of limited liability company. 2. As a member of the Board of Directors of the Joint Stock Company 3. As a Head of Representative Office, project of international organization, non- governmental organizations in Vietnam. 4. Coming to Vietnam with a period of less than 03 months to offer services 5. Coming to Vietnam with a period of less than 03 months to handle the problem, technical situation and complex technology arising that affect or threaten to affect the production and business that the Vietnamese and foreign experts currently in Vietnam can not be handled.
6. As a foreign lawyer who has been licensed to practice law in Vietnam under the Law on Lawyers. 7. Under the provisions of international agreement in which the Socialist Republic of Vietnam is a member. 8. As students who are studying and working in Vietnam, but the employer must give a notice 07 days in advance to the provincial state management agency on labor. 9. Other cases as prescribed by the Government Article 173. Time limit of the work permit The time limit of the work permit is 02 maximally. Article 174. Cases of expriration of work permit 1. Work permit has expired 2. Termination of labor contract 3. The content of the labor contract is not consitent with that of the issued work permit. 4. Contract in the area of economy, trade, finance, banking, insurance, technical science, culture, sports, education and health has been expired or terminated. 5. There is a written notice from the foreign countries on stopping sending foreign employees to work in Vietnam. 6. The work permit is revoked 7. Enterprises, organizations and partners from Vietnam or non-governmental organizations in Vietnam have ended their activities. 8. The employee is a foreign citizen who is imprisoned, dead or declared dead or missing by the court Article 175. Grant, re-grant and revocation of work permit The Government has specified the conditions for grant, re-grant and revocation of work permit for employee as foreign citizen working in Vietnam. Section 4. DISABLE EMPLOYEES Article 176. State policies for disabled employee 1. The State shall protect the right of work and self-employment of the disabled employee, having the policies of encouragement and incentives to the employer to create job and receive the disabled person to work as prescribed by the Law on disabled persons 2. The Government has stipulated the policies for preferential loans from the national Fund for the employer to employ disabled employee. Article 177. Employing disabled employee 1. The employer must ensure that the working conditions, labor tools, labor safety and hygiene are in accordance with the disabled employee and regularly take care of their health.
2. The employer must gather the disabled employee upon making decisions on the issues related to their interests. Article 178. Prohibited acts upon employment of disabled employee 1. Employing disabled employee with the working capacity reduced from 51% or more to work overtime or work at night. 2. Employing disabled employee to do heavy, hazardous or dangerous work, or exposure to toxic substances under the list issued by the Ministry of Labour - Invalids and Social Affairs in coordination with the Ministry of Health. Section 5. EMPLOYEE AS HOUSEMAID Article 179. Employee as housemaid 1. Employee working as housemaid is the employee regularly performs work in a household or many household The house work including the housework, housekeeping, child care, patient care, elder care, driving, gardening and other work but not related to the commercial activities. 2. The person performing housework in the form of piecework is not subject to the application of this Code. Article 180. Labor contract for employee as a housemaid 1. The employer must sign a labor contract in writing with the housemaid. 2. The time limit of the labor contract for the employee as a housemaid shall be agreed by both parties. One party has the right to unilaterally terminate the labor contract at any time but has to give a notice 15 days in advance. 3. Both parties shall agree and specify in the labor contract on the form of salary payment, term of payment, daily working hours, accommodation… Article 181. Employer’s obligations 1. Fully implementing all agreements already signed in the labor contract. 2. Paying the housemaid an amount of social insurance, health insurance as prescribed by law for employee to buy insurance herself. 3. Respecting the honor and dignity of the housemaid 4. Arranging the clean and hygienic accommodation for the housemaid if agreed. 5. Creating opportunities for the housemaid to participate in education, vocational training. 6. Paying fares when the housemaid terminates work and get home except for the case the housemaid terminates the labor contract ahead of time. Article 182. Housemaid’s obligations 1. Fully executing all agreements signed by both parties in the labor contract. 2. Having to compensate as agreed or as prescribed by the regulations of law if causing damage and loss of property of the employer.
3. Giving timely notice to the employer about the possibility, the risk of accidents and threat to the safety, health, life and property of employer’s family and themselves. 4. Denouncing to the competent authorities if the employer has the acts of maltreatment, sexual harassment, forced labor or other acts of law violation. Article 183. Prohibited acts for the employer 1. Maltreatment, sexual harassement, forced labor, force using for the employee as a housemaid. 2. Assigning the housemaid the work not specified in the labor contract 3. Keeping the housemaid’s personal papers Section 6. OTHER LABOUR ACTIVITIES Article 184. Employee working in area of art and sports Person who performs trade or work in the area of art and sports is entitled to apply a number of appropriate regimes about the age of trade learning; about the labor contract signing, working and break time; the salary, salary allowance, bonus, labor safety and hygiene as prescribed by the Government. Article 185. Employee receiving work to do at home 1. The employee can agree with the employer to receive work to do at home regularly. 2. The employee who works at home in the form of processing is not subject to the application of this Code Chapter XII SOCIAL INSURANCE Article 186. Participation in social insurance and health insurance 1. The employer and the employee must participate in the mandatory social insurance and health insurance and unemployment insurance and shall enjoy the regimes as prescribed by the law on the social insurance and health insurance Encouraging the employer and employee to perform other forms of social insurance for the employees. 2. During the leave with the enjoyment of the social insurance, the employer shall not pay salary to employees. 3. For employees not subject to participation in mandatory social insurance, mandatory health insurance, unemployment insurance, in addition to payment by the work, the employer shall pay at the same time of the employee’s payment period an addtional amount equivalent to the rate of mandatory social insurance premium and mandatory health insurance, unemployment insurance and the amount of annual leave as prescribed.