Chương II Bộ Luật lao động 2012: Việc làm

Chapter II

EMPLOYMENT

Article 9. Employment and creation of employment

1. Employment is any income-generating laboring activity that is not prohibited by law.

2. The State, employers and the society have the responsibility to create employment and guarantee that all people with working ability have access to employment opportunities.

Article 10. The right of employees to work

1. To work for any employer in any location that is not prohibited by law.

2. To directly contact an employer or through an employment service institution in order to find a job that meets his/her expectation, capacity, occupational qualification, and health.

Article 11. The right of employers to recruit labor

An employer has the right to recruit labor directly or through employment service institutions and labor leasing institutions, to increase or reduce the number of employees according to production and business requirements.

Article 12. State policies in support of employment development

1. The State shall set a target number of newly created jobs in five-year and annual socio-economic development plans.

Depending on the socio-economic conditions of each period, the Government shall submit the national target program on employment and vocational training to the National Assembly for decision.

2. To formulate the unemployment insurance policy and policies to encourage self-employment and to assist employers who employ large numbers of employees who are female, disabled and ethnic minority persons.

3. To encourage and create favorable conditions for domestic and foreign organizations and individuals to invest in production and business development for employment creation.

4. To support employers and employees to seek and expand overseas labor markets.

5. To establish a National Employment Fund to provide concessional loans for employment creation and other activities in accordance with law.

Article 13. Employment programs

1. The People’s Committees of provinces and centrally run cities (below referred to as provincial-level People Committees) shall develop and submit local employment programs to the People’s Councils of the same level for decision.

2. State agencies, enterprises, socio-political organizations and social organizations and employers shall, within the scope of their respective tasks and powers, participate in the implementation of employment programs.

Article 14. Employment service institutions

1. Employment service institutions have the function of providing job counseling and placement services and vocational training to employees; supplying and recruiting employees at the request of employers; collecting and providing information about the labor market; and performing other tasks in accordance with law.

2. Employment service institutions include employment service centers and employment service enterprises.

Employment service centers are established and operate under the Government’s regulations.

Employment service enterprises are established and operate under the Law on Enterprises and must have a license to provide employment services granted by the provincial-level state management agency of labor.

3. Employment service institutions are entitled to collect charges and to tax reduction and exemption in accordance the laws on charges and taxes.