Chapter XI
SOME SPECIFIC REGULATIONS CONCERNING MINORS AND OTHER TYPES OF LABORERS
SECTION I.- MINOR LABORERS
Article 119.-
1- A minor laborer is one under 18 years of age. Where the employment of minors occurs, there must be a separate record of each minor's full name, date of birth, current jobs, the result of each periodical health check, which must be produced to the labor inspector on request.
2- It is strictly forbidden to misuse the labor of minors.
Article 120.- It is forbidden to employ children below 15 years of age, except for those professions and jobs to be defined by the Ministry of Labor, War Invalids and Social Welfare.
With regard to the occupations and jobs which are allowed to employ children under 15 years of age for work, job learning or apprenticeship, their admission and the utilization of their labor must be consented and monitored by their parents or tutors.
Article 121.- An employer is allowed to employ minors only for jobs suited to a minor's health in order to protect the development of their physical and intellectual conditions as well as their personality. The employer has the responsibility to care for the minor employee in the domain of labor, wages, health and education during employment.
It is forbidden to employ minors in heavy and dangerous jobs or jobs necessitating exposure to noxious substances prescribed in the list published by the Ministry of Labor, War Invalids and Social Welfare and the Ministry of Public Health.
Article 122.-
1- The work hours of a minor employee may not exceed seven hours per day nor 42 hours per week.
2- The employer may assign minor employees to overtime work or night time work only in a number of occupations and jobs defined by the Ministry of Labor, War Invalids and Social Welfare.
SECTION II.- ELDERLY LABORERS
Article 123.- An elderly employee is one over 60 years of age for men and over 55 years of age for women.
In the last year before retirement, the elderly employee is entitled to a reduction of one hour from his/her daily work time or to the system of non-full work day or non-full work week, according to prescriptions by the Government.
Article 124.-
1- If the need arises, the employer may agree with the elderly employee to extend the labor contract or to sign a new labor contract, as provided for in Chapter IV of this Code.
2- If, after retirement, the elderly employee works under a new labor contract, apart from the benefits he/she enjoys from the pension system, the elderly employee shall enjoy the benefits stipulated in the labor contract.
3- The employer has the responsibility to care for the health of the elderly employee and may not employ the elderly employee in heavy or dangerous jobs or jobs necessitating regular exposure to noxious substances which negatively impart the health of the elderly employee.
SECTION III.- DISABLED LABORERS
Article 125.-
1- The State protects the right of the disabled to work and encourages the employment of, and job creation for, the disabled. The State shall devote part of its annual budget to help the disabled recover their health, rehabilitate their work capacities or learn a trade. The State shall adopt policies of granting low-interest loans to the disabled so that they can procure jobs for themselves and stabilize their lives.
2- Institutions which admit the disabled for job training are entitled to a tax reduction, to low-interest loans and other preferential treatments in order t create conditions to enable the disabled to learn a trade.
3- The Government shall set a mandatory quota for disabled labor for a number of occupations and jobs. If a business with these occupations and jobs does not accept this quota, it shall pay a sum proscribed by the Government to the employment fund to help in the creation of employment for the disabled. Any business which employs a number of disabled than the assigned quota shall receive financial support or low-interest loans from the Government in order to create working conditions suitable for disabled employees.
4- The work hours for a disabled employee shall not exceed seven hours per day and 42 hours per week.
Article 26.- Vocational institutions as well as production and business establishments, which are specifically reserved for the disabled, shall receive financial assistance in their initial stage to install workshops, schools and classrooms and to purchase equipment and facilities and shall enjoy tax exemption and low-interest loans.
Article 127.-
1- Institutions which provide vocational training for the disabled or employ the disabled must observe regulations concerning appropriate working conditions, labor tools, labor safety, labor sanitation and must provide regular care for the health of the disabled.
2- It is forbidden to assign the disabled who have lost more than 51% of their ability to overtime or night work.
3- The employer may not employ the disabled for heavy or dangerous jobs or jobs which necessitate regular exposure to noxious substances, as defined in the list published by the Ministry of Labor, War Invalids and Social Welfare and the Ministry of Public Health.
Article 128.- The employee who is an injured or diseased military personnel shall, apart from the benefits defined in this Section, enjoy the State preferential treatments with regard to war invalids and diseased soldiers.
SECTION IV.- EMPLOYEES WITH HIGH PROFESSIONAL AND TECHNICAL SKILLS
Article 129.-
1- The employee with a high professional and technical skill is entitled to hold multiple jobs and posts through integrating labor contracts with many employers on condition that the employee ensure a full implementation of the labor contracts he/she has already signed and notify all the employers.
2- The employee with a high professional and technical skill shall enjoy copyright or patent protection, as prescribed by law, when he/she devises a useful solution, an innovation or an invention. When his/her research project is funded by the business's capital, he/she shall receive his/her share of the economic results according to the contract already signed for that research project.
3- The employee with a high professional and technical skill is entitled to take long-term unpaid leave or to partial pay in order to conduct his/her research work or to improve his/her standard while continuing to hold his/her job at the office or business by mutual agreement with the employer.
4- The employee with a high professional and technical skill shall be prioritized for the application of the regulations stipulated in Items 1 and 2, Article 124, of this Code.
5- If the employee with a high professional and technical skill discloses a technological or business secret of the institution which employs him/her, he/she shall, beside being disciplined under the terms of Article 85 of this Code, pay compensations for damage, as provided for in Articles 89 and 90 of this Code.
Article 130.-
1- An employer is entitled to enter into a labor contract with any person with a high professional and technical skill, including State employees in jobs not prohibited by the Public Servants Statute.
2- The employee with a high professional and technical skill shall receive preferential treatment by the State and the employer, both of whom shall create favorable conditions for the development of such employee's capabilities and talents for the benefit of the business and the country. Such preferential treatment accorded to the employee with high professional and technical skill shall not be regarded as discrimination in the use of labor.
3- The State shall encourage and provide special preferential policies with regard to employees with high professional and technical skills who are willing to go to work in the highlands, border regions, offshore islands and other difficult places.
SECTION V.- EMPLOYEES WORKING FOR FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM, FOREIGNERS WORKING IN VIETNAM, AND VIETNAMESE EMPLOYEES WORKING ABROAD
Article 131.- Vietnamese citizens working in businesses founded under the Law on Foreign Investment in Vietnam, in the export processing zones, in foreign or international agencies or organizations in Vietnam, or working for individuals who are foreign nationals in Vietnam or foreigners working in Vietnam must all abide by the Vietnamese labor legislation and are protected by the Vietnamese labor legislation.
Article 132.-
1- The businesses, agencies, organizations and individuals, described in Article 131 of this Code, that want to employ Vietnamese must go through the employment service, defined at Article 18 of this Code. If the employment service introduces or recruits laborers who do not meet their requirements, these businesses, organizations or individuals are entitled to make the recruitment directly but they must notify the labor office at the provincial level or another competent authority.
With regard to jobs requiring high technical or managerial skills which the Vietnamese side cannot yet fil, the business, organization or individual is authorized to employ a foreigner for a certain period of time but it must have a planned training program so that a Vietnamese may soon fulfill the job requirement and replace the foreigner.
2- The minimum wage of a Vietnamese employed as defined in Article 131 of this Code shall be set and published by the Government after consulting the Vietnam General Confederation of Labor and the representative of the employers.
3- Work time, break time, labor safety, labor sanitation, social insurance, settlement of labor disputes in the businesses, organizations and in other circumstances defined in Article 131 of this Code shall be determined as established by the Vietnamese Government.
Article 133.-
1- Foreigners working on a permanent basis for a Vietnamese business, organization or individual or for a business with foreign investment in Vietnam must have a Labor Permit issued by the Vietnamese Ministry of Labor, War Invalids and Social Welfare.
2- A foreigner working in Vietnam is entitled to benefits and must fulfill obligations as prescribed by Vietnamese law except where otherwise provided for in international conventions which the Socialist Republic of Vietnam has signed or acceded to.
Article 134.-
1- The employee, who is a Vietnamese citizen allowed to go to work in a foreign country under a labor contract and who comes under the management of a foreign organization or individual, shall have to obey the prescriptions of the labor legislation of that country. If he/she works under an agreement on labor cooperation, signed between the Vietnamese government and the government of that country, he/she must abide by the prescriptions of the labor legislation of that country and the said agreement.
2- With regard to the employee who is a Vietnamese citizen allowed to go to work in a foreign country, under a construction contract signed by a Vietnamese business, and who comes under the management of, and is paid, by this business, the provisions of this Code shall apply unless otherwise provided for in an international convention which the Socialist Republic of Vietnam has signed or acceded to.
Article 135.-
1- An employee who goes to work in a foreign country is entitled to be apprised of his/her rights, interests and obligations, to be guaranteed consular and juridical protection by a competent overseas Vietnamese office, to be able to repatriate his/her income in foreign currencies and his/her personal property to the country, to be entitled to the social insurance benefits and other policies and regimes according to the laws of Vietnam and that foreign country.
2- The employee who goes to work in a foreign country has the duty to contribute part of his/her salary to the social insurance fund.
SECTION VI.- SOME OTHER TYPES OF LABOR
Article 136.- The person who works in a special occupation or job in the domain of arts shall enjoy a number of regimes on apprenticeship and retirement ages; on labor contract commitments; on work and break time; and on salary and wage subsidies, bonuses, labor safety and labor sanitation, according to prescriptions by the Government.
Article 137.-
1- The employee may agree with the employer to perform work to be done regularly at home while enjoying all the benefits of an employee actually working at the business.
2- An individual receiving work to do at home by sub-contract does not come under the jurisdiction of this Code.
Article 138.- At businesses employing fewer than 10 employees, the employer must still assure the basic interests of the employee, as prescribed in this Code, but is entitled to a number of reductions or exemptions from certain requisite standards and procedures prescribed by the Government.
Article 139.-
1- A person who is hired to do housework can make either a verbal or written labor contract. But if he/she is hired to be a caretaker, the labor contract must be in writing.
Tìm kiếm
Luật Lao động 1994 (Bản Pdf)
Luật Lao động 1994 (Bản Word)
