Chương II Luật Lao động 1994: Việc làm

Chapter II

EMPLOYMENT

Article 13.- All income-generating laboring activities which are not banned by law are recognized as employment.

The State, businesses and the whole society are all responsible to provide jobs and ensure that every person with labor capabilities has the chance to be employed.

Article 14.-

1 - The State shall set out the targets for job generation in its five-year and annual plans for socio-economic development, create necessary conditions, provide financial support, grant loans, tax exemption or reduction, and apply other incentive measures to enable employable persons to create employment for themselves as well as to enable organizations, units and individuals in all economic sectors to develop new and diversified occupations aimed at providing employment for as many individual employees as possible.

2- The State shall enact preferential employment policies to attract and use the labor force among the people of ethnic minorities.

3- The State shall enact incentive policies to create favorable conditions for organizations and individuals inside and outside the country, including Vietnamese settled abroad, to invest in developing production and business in order to increase the availability of jobs.

Article 15.-

1- The Government shall draw up national employment programs and projects on investment in socio-economic development and transfer of the population to undeveloped regions in close association with the employment program; establish the national employment fund from the State budget and other sources and expand the job-seeking service system. Annually, the Government shall submit to the National Assembly its proposed national employment program and fund for approval.

2- The People�s Committee in provinces and cities directly under the Central Government shall set up their own employment programs and funds and submit them to the People�s Council of the same level for approval.

3- The State agencies, economic organizations, people�s organizations and social organizations shall, within the scope of their responsibility and powers, have the task of joining in the implementation of the employment programs and funds.

Article 16.-

1- The employee has the right to work for any employer and at any place not forbidden by law. The job seeker has the right to contact directly a potential job procurer or register with a job-seeking service organization to find a job suited to his/her desire, capabilities, professional standard and health condition.

2- The employer is entitled to contact directly the job seeker or recruit labor through a job-seeking service organization. He/she has the right to increase or reduce the number of employees in conformity with the demand in production and business and within the prescriptions of law.

Article 17.-

1- In case the employee who has been working regularly in a business for one year or more loses his/her job due to the restructuring of the business or the change of technology, the employer has the responsibility to retrain him/her in order to employ him/her in a new job. If no new job can be created and the employee has to be laid off, his/her employer has to pay him/her a severance allowance at the rate of one month's salary for every year of service, but the amount shall not be less than the value of two months of his/her salary.

2- When the need arises for a massive lay-off by virtue of Item 1 of this Article, the employer must publicize the list of the would-be laid-off employees and then proceeding from the need of the business and the seniority of each employee at the business, his/her professional skill, family situation and other factors, shall lay them off one by one after discussing and agreeing with the Executive Committee of the local trade union in the business according to the procedure stipulated in Item 2 of Article 38 of this Code. The lay-off can become effective only after the local labor office has been notified about it.

3- The business must set up its reserve fund for severance allowances as prescribed by the Government in order to provide timely relief for the employees who lose their jobs at the business.

4- The Government shall adopt policies and measures to provide job training and retraining and guidance in production and business, grant low interest loans from the National Employment Fund and create other conditions for the employees to find new jobs or create jobs for themselves; and provide financial support for the localities and services where many people are under-employed or lose their employment due to business restructuring or to a change in technology.

Article 18.-

1- The job seeking service organization, established by virtue of law, has the task of providing consultation, introducing or supplying jobs or helping in the recruitment of labor, along with collecting and supplying information about the labor market. The sending of Vietnamese laborers to work abroad can be effected only when a permit to this effect has been issued by the competent State authority.

2- The job-seeking service organization is allowed to collect fees, is eligible for tax exemption or reduction by the State and is entitled to organize job training as stipulated in Chapter III of this Code.

3- The Ministry of Labor, War Invalids and Social Welfare shall exercise unified State management over the job-seeking service organizations throughout the country.

Article 19.- All acts enticement, false promise and mendacious advertisement aimed at misleading the laboring people or misusing the job-seeking service to commit law-breaking acts are prohibited.