Chương I Luật Lao động : Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- The Labor Code regulates labor relations between the salaried employee and the employer, and the other social relations directly related to labor relations.

Article 2.- The Labor applies to all employees as well as all organizations and individuals employing labor according to labor contracts in all economic sectors and of all forms of ownership.

This Labor Code also applies to the apprentices, house workers and a number of other jobs defined in this Code.

Article 3.- Vietnamese citizens working in enterprises with foreign invested capital in Vietnam, at foreign or international offices and organizations based on Vietnamese territory and foreigners working for Vietnamese businesses, organizations or individuals on Vietnamese territory come within the jurisdiction of this Code as well as other prescriptions of Vietnamese law, unless otherwise stipulated in the international conventions which the Socialist Republic of Vietnam has signed or acceded to.

Article 4.- The labor regime for State employees and public servants, holders of elected, assigned or appointed posts, persons in the People's Armed Forces, the People's Security Service, persons of mass organizations and other political and social organizations, as well as members of the cooperatives shall be stipulated by other legal documents. However, some of the provisions of this Code may be applied to a number of these persons, depending on concrete cases.

Article 5.-

1- Everyone has the right to work, to choose freely a job or profession, to learn a trade and to improve his/her professional standard without discrimination of sex, nationality, social background, belief or religion.

2- Maltreatment of an employee and forcible labor, in any form, are forbidden.

3- The State encourages, creates conditions for or assists all activities which generate employment or self-employment, all activities in job teaching and learning to create employment as well as all activities in production and business which employ a large work-force.

Article 6.- An employee must have attained at least 15 years of age, have the capability to work and must work according to a labor contract.

An employer may be a business, an office, an organization or an individual (in the latter case he/she must be at least 18 years old). The employer hires, utilizes labor and pays for that labor.

Article 7.-

1- The employee is paid a salary based on his/her agreement with the employer, but this salary shall not be lower than the minimum salary prescribed by the Sate, if he/she meets previously agreed-upon requirements for productivity, quality and efficiency. The employee is covered by the regulations on labor protection, and must be assured conditions consistent with labor safety and sanitation requirements. The employee is entitled to statutory paid leaves, including annual leave, and to social insurance as prescribed by law. The State shall enforce special labor regimes and social policies aimed at protecting women's labor and certain types of specific labor.

2- The employee has the right to found, join and work for a trade union according to the Trade Union Law, in order to protect his/her legitimate rights and interests. The employee is entitled to the community welfare benefits and take part in the management of the business according to the rules of the business and the prescriptions of law.

3- The employee has the obligation to fulfill the labor contract and the collective labor accord, to observe labor discipline and labor regulations and to obey the lawful direction of the employer.

4- The employee has the right to strike as prescribed by law.

Article 8.-

1- The employer has the right to select and recruit labor, assign labor and control its disposition as required by the need of production and business. He/she has the right to issue bonuses or commendations and handle the violations of the labor discipline as prescribed by labor legislation.

2- The employer has the right to send his/her representative to negotiate and sign collective labor accords within the business or collective labor accord of the whole branch. The employer has the responsibility to cooperate and discuss with the trade union issues concerning labor relations and to improve the material and spiritual life of the employee.

3- The employer has the obligation to fulfill the labor contract, the collective labor accord and the other agreements with employees, to respect the honor and dignity of the employee, and to behave properly toward the employee.

Article 9.- The labor relations between the employee and the employer are established and effected through negotiations and agreement on the principles of voluntariness, equality, cooperation, mutual respect for each other's legitimate rights and interests and full implementation of the commitments.

The State encourages the agreements that assure employees more favorable conditions than prescribed in the labor legislation.

The employee and the employer have the right to ask the authorized office or organization to settle a labor dispute. The State encourages the settlement of labor disputes by reconciliation and arbitration.

Article 10.-

1- The State exercises unified management of the manpower resources, manages labor through legislation and adopts policies to develop and distribute man-power resources, diversify the forms of labor utilization and labor supply services.

2- The State guides the employee and the employer to build a harmonious and stable labor relationship so as to work in tandem for the development of the business.

Article 11.- The State encourages a democratic, just and civilized management of labor at the business. It encourages all measures, including deduction from the business's profits as bonuses, in order to make the employee pay greater attention to the operation of the business with a view to high efficiency in the management of labor and production of the business.

The State shall enact policies to help the employee buy shares to contribute capital to the development of the business.

Article 12.- The trade union joins the State office, the economic organizations and the social organizations in caring for and protecting the rights and interests of the employee, and in inspecting and supervising the implementation of the prescriptions of labor legislation.