Chương 1 Luật việc làm 2013: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides employment creation support policies; labor market information; assessment and grant of certificates of national occupational skills; employment service organizations and activities; unemployment insurance; and state management of employment.

Article 2. Subjects of application

This Law applies to workers, employers and other agencies, organizations and individuals involved in employment.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Worker means a Vietnamese citizen who is full 15 years or older, has ability to work and seeks employment.

2. Employment means an income-generating working activity not banned by law.

3. National occupational skills standards means regulations on professional knowledge, practice capacity, and ability to apply such knowledge and capacity in work, which are required for a worker to perform his/her work depending on each qualification level of skills of each occupation.

4. Unemployment insurance means a scheme aiming to compensate part of income of a worker when he/she becomes unemployed, support him/her to receive vocational training, maintain employment, or seek employment, on the basis of making contributions to the Unemployment Insurance Fund.

5. Public employment means paid temporary employment which is created through the implementation of state-funded projects or activities associated with socio-economic development programs in communes, wards or townships (below referred to as communes).

Article 4. Principles of employment

1. Ensuring the right to work and freely choose jobs and workplaces.

2. Ensuring equality in employment opportunities and incomes.

3. Ensuring working under safe and hygienic conditions.

Article 5. State policies on employment

1. To adopt socio-economic development policies aiming to create employment for workers, identify employment creation objectives in socio-economic development strategies and plans; to allocate resources for the implementation of employment policies.

2. To encourage organizations and individuals to create employment for others and for themselves with incomes at least equal to the minimum wage level, contributing to socio-economic and labor market development.

3. To adopt policies on employment creation support, labor market development and unemployment insurance.

4. To adopt policies on assessment and grant of certificates of national occupational skills in association with improvement of occupational skills qualifications.

5. To adopt preferential policies for sectors and trades that use workers with high professional and technical qualifications or use many workers, as suitable to socio-economic development conditions.

6. To support employers that employ many people with disabilities, women and ethnic minority people.

Article 6. Contents of the state management of employment

1. Promulgating, and organizing the implementation of, legal documents on employment.

2. Propagating, disseminating and educating about the law on employment.

3. Managing workers, labor market information, assessment and grant of certificates of national occupational skills, and unemployment insurance.

4. Managing the organization and operation of employment service centers and employment service enterprises.

5. Examining, inspecting, settling complaints and denunciations, and handling violations of the law on employment.

6. Carrying out international cooperation on employment.

Article 7. Competence to perform the state management of employment

1. The Government shall uniformly perform the state management of employment nationwide.

2. The Ministry of Labor, War Invalids and Social Affairs shall take responsibility before the Government for the state management of employment.

Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Labor, War Invalids and Social Affairs in, performing the state management of employment.

3. People’s Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of employment in localities.

Article 8. Responsibilities of agencies, organizations and individuals for employment

1. The Vietnam Fatherland Front and its member organizations shall, within the ambit of their functions and tasks, mobilize agencies, enterprises, units, organizations and individuals to create employment; and join state agencies in formulating, and supervising the implementation of, policies and laws on employment in accordance with law.

2. Agencies and organizations shall, within the ambit of their tasks and powers, propagate and disseminate policies and laws on employment; create employment; and protect the lawful rights and interests of workers and employers in accordance with law.

3. Individuals shall take the initiative in seeking employment and participating in employment creation.

Article 9. Prohibited acts

1. Committing discriminatory acts in employment and occupations.

2. Infringing upon the body, honor, dignity, property, the lawful rights and interests of workers or employers.

3. Recruiting or employing workers in contravention of law.

4. Enticing, promising and deceitfully advertising to deceive workers, or taking advantage of employment services or labor market information to commit illegal acts.

5. Committing fraud or forging dossiers in the implementation of employment policies.

6. Obstructing, or causing difficulties or damage to, the lawful rights and interests of workers or employers.