Decree No. 05/2015/NĐ-CP detailing and guiding the implementation of certain contents of the Labor Code

DECREE

Detailed regulations and guidance on implementing

certain provisions of the Labor Code

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Labor Code dated June 18, 2012;

Pursuant to the opinions of the Standing Committee of the National Assembly in Document No. 716/UBTVQH13-CVĐXH dated August 13, 2014 on guiding the implementation of certain Articles and Clauses of the Labor Code;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

The Government promulgates this Decree providing detailed regulations and guidance for implementing certain provisions of the Labor Code.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the rights and responsibilities of employers, employees, organizations representing groups of employees, agencies, organizations, and individuals related to the implementation of certain provisions of the Labor Code concerning labor contracts, collective bargaining, collective labor agreements, wages, labor discipline, material responsibility, and resolution of labor disputes.

Article 2. Applicability

Employees; employers; other agencies, organizations, and individuals directly related to labor relations as provided for in Article 2 of the Labor Code.

Chapter II
LABOR CONTRACTS

Section 1
CONCLUSION OF LABOR CONTRACTS

Article 3. Parties to a labor contract

a) A person authorized under the charter of the enterprise or cooperative;

b) The head of an agency, unit, or organization as prescribed by law;

c) The household head;

d) An individual directly employing workers.

In cases where the party to a labor contract on behalf of the employer as specified in Points a, b, and c of Clause 1 of this Article does not directly conclude a labor contract, they shall legally authorize another person in writing to conclude a labor contract according to the model prescribed by the Ministry of Labor, Invalids, and Social Affairs.

2. The party to a labor contract on behalf of the employee shall be one of the following:

a) An employee who has reached eighteen years of age or older;

b) An employee who has reached the age of fifteen but is under eighteen years old and has the written consent of their legal representative;

c) The legal representative of an employee under fifteen years old with the consent of the employee under fifteen years old;

d) An employee authorized by a group of employees to conclude a labor contract.

3. The person authorized to conclude a labor contract as specified in Clause 1 and Clause 2 of this Article shall not further authorize another person to conclude a labor contract.

Article 4. Contents of a labor contract

The main contents of a labor contract at Clause 1 of Article 23 of the Labor Code are prescribed as follows:

1. Name and address of the employer are prescribed as follows:

a) The name of the enterprise, agency, organization, cooperative, or household leasing or using labor under a labor contract as stated in the business registration certificate, cooperative registration certificate, or investment certificate, or establishment decision of the agency or organization; in case of an individual leasing or using labor, the full name of the employer as stated in the identity card or passport issued;

b) The address of the enterprise, agency, organization, cooperative, household, or individual leasing or using labor as stated in the business registration certificate, cooperative registration certificate, or investment certificate, or establishment decision of the agency or organization as prescribed by law;

c) Full name, date of birth, identity card number or passport number, place of residence, position within the enterprise, organization, cooperative, or household leasing or using labor of the party to a labor contract on behalf of the employer as prescribed in Clause 1 of Article 3 of this Decree.

2. Identity card number or other lawful document of the employee is prescribed as follows:

a) The identity card number or passport number issued by the competent authority of the employee;

b) Work permit number, date of issuance, and issuing authority of the work permit for foreign workers working in Vietnam;

c) Written agreement of the legal representative for employees aged fifteen to under eighteen years old to conclude a labor contract;

d) Full name, date of birth, gender, place of residence, identity card number or passport number of the legal representative of an employee under fifteen years old;

đ) Written agreement of an employee under fifteen years old allowing their legal representative to conclude a labor contract.

3. Job and workplace are prescribed as follows:

a) Job: The job that the employee must perform;

b) Workplace of the employee: The scope and location where the employee performs the agreed job; in case the employee works at multiple locations, the main locations where the employee works should be recorded.

4. Duration of the labor contract: The period of performance of the labor contract (number of months or days), start and end dates of the labor contract's performance (for fixed-term or seasonal or specific task labor contracts); start date of the labor contract's performance (for indefinite-term labor contracts).

5. Wage level, wage payment form, wage payment period, wage supplements, and other additional items are prescribed as follows:

a) Wage level, wage supplements, and other additional items are determined according to Clause 1 of Article 21 of this Decree;

b) Wage payment form is determined according to Article 94 of the Labor Code;

c) Wage payment period is determined by both parties according to Article 95 of the Labor Code.

a) Daily and weekly working hours; shifts; start and end times of the day, week, or shift; number of working days per week; overtime and related terms when working overtime;

b) Rest time during working hours; weekly, annual, holiday, personal leave, and unpaid leave.

a) The percentage calculated on the monthly salary for social insurance, unemployment insurance, and health insurance contributions, which are the responsibility of the employer and the employee according to the laws on social insurance, unemployment insurance, and health insurance;

b) The method and duration of social insurance, unemployment insurance, and health insurance contributions by the employer and the employee.

10. Training, upgrading, and enhancing the vocational skills of employees during the performance of the contract: The rights and obligations of the employer and the employee regarding ensuring time and funding for training, upgrading, and enhancing vocational skills.

11. Other contents related to the implementation of the agreed terms between the two parties.

Article 5. Amending the term of the labor contract through an annex to the labor contract

The term of the labor contract may only be amended once through an annex to the labor contract and shall not change the type of contract already concluded, except in cases where the term of the labor contract is extended for older workers and non-professional trade union officers as stipulated in Clause 6, Article 192 of the Labor Code.

Article 6. Labor contracts with older workers

1. When the employer has a need and the older worker is found to have sufficient health according to the conclusion of a medical examination facility established and operating in accordance with the law, both parties may agree to extend the term of the labor contract or conclude a new labor contract.

Article 7. Notification of results of probationary work

1. Within three days before the end of the probationary period for employees working in jobs with probationary periods specified in Clause 1 and 2, Article 27 of the Labor Code, the employer must notify the employee of the results of the probationary work performed; if the probationary work meets the requirements, upon completion of the probationary period, the employer must immediately conclude a labor contract with the employee.

2. Upon completion of the probationary period for employees working in jobs with probationary periods specified in Clause 3, Article 27 of the Labor Code, the employer must notify the employee of the results of the probationary work performed; if the probationary work meets the requirements, the employer must immediately conclude a labor contract with the employee.

Section 2
IMPLEMENTATION OF LABOR CONTRACTS

Article 8. Temporary transfer of employees to other jobs

The employer's temporary transfer of employees to other jobs different from those specified in Clause 1, Article 31 of the Labor Code shall be regulated as follows:

1. The employer has the right to temporarily transfer employees to other jobs different from those specified in the labor contract in the following cases:

a) Natural disasters, fires, epidemics;

b) Implementation of measures to prevent and remedy occupational accidents and occupational diseases;

c) Power outages, water supply interruptions;

d) Due to production and business needs.

2. The employer shall specify in the enterprise regulations the cases where due to production and business needs, the employer can temporarily transfer employees to other jobs different from those specified in the labor contract.

3. If the employer has temporarily transferred employees to other jobs different from those specified in the labor contract for a cumulative total of sixty working days within one year, and continues to need to temporarily transfer such employees to other jobs different from those specified in the labor contract, the employer must obtain the written consent of the employee.

4. If the employee disagrees with temporarily performing other jobs different from those specified in Clause 3 of this Article and must stop work, the employer must pay the employee停工待命工资 according to Clause 1, Article 98 of the Labor Code.

Article 9. Agreement to temporarily suspend labor contracts when appointed or designated as state capital representative

1. The employer and employees in a single-member limited liability company owned by the State, a single-member limited liability company owned by the parent company of a state economic group, state corporation, or parent company operating under a parent company-subcompany model shall agree to temporarily suspend labor contracts in the following cases:

a) Employees are appointed by the competent authority to be members of the Board of Directors or Chairman of the company, Supervisory Board member, General Director (Director), Deputy General Director (Deputy Director), Chief Accountant;

b) Employees are designated by the competent authority to represent state capital or the parent company's capital and work at enterprises with state capital contribution or parent companies operating under a parent company-subcompany model.

2. The period of temporary suspension of the labor contract is the period during which the employee is appointed or designated to represent capital and works at enterprises with state capital contribution or parent companies operating under a parent company-subcompany model.

Article 10. Receiving employees back upon expiration of the temporary suspension period of labor contracts

The procedure for receiving employees back upon expiration of the temporary suspension period of labor contracts as stipulated in Article 33 of the Labor Code is as follows:

1. Within fifteen days from the date of expiration of the temporary suspension period of the labor contract, the employee must be present at the workplace, and the employer must resume the employee’s employment. In case the employee cannot be present at the workplace within the prescribed time limit, the employee must negotiate with the employer regarding the time of presence.

2. The employer has the responsibility to arrange for the employee to perform the job specified in the labor contract; if it is not possible to assign the job specified in the labor contract, both parties shall negotiate a new job and amend or supplement the existing labor contract or conclude a new labor contract.

Section 3
AMENDMENT, SUPPLEMENTATION, TERMINATION OF LABOR CONTRACTS

Article 11. Unilateral termination of labor contracts by employees

1. Employees have the right to unilaterally terminate labor contracts under Point c Clause 1 Article 37 of the Labor Code in cases where they are assaulted by the employer or subjected to verbal or behavioral humiliation, actions affecting their health, dignity, reputation, or forced labor; or sexually harassed at the workplace.

2. Employees have the right to unilaterally terminate labor contracts under Point d Clause 1 Article 37 of the Labor Code in the following cases:

a) Must take leave to care for a spouse, father, mother, father-in-law, mother-in-law, husband-in-law, wife-in-law, or child who is ill or injured;

b) When moving abroad to live or work;

c) When the family encounters difficulties due to natural disasters, fire, enemy attacks, epidemics, or relocation, and the employee has taken all measures but cannot continue to fulfill the labor contract.

Article 12. Unilateral termination of labor contracts by employers

The unilateral right to terminate labor contracts by employers under Points a and c Clause 1 Article 38 of the Labor Code is as follows:

1. The employer must clearly define criteria for assessing job performance in the enterprise regulations, serving as a basis for evaluating employees who consistently fail to complete tasks as stipulated in the labor contract. The regulation on assessing job performance is issued by the employer after consulting the representative organization of the workforce at the workplace.

2. Other force majeure reasons falling under one of the following cases:

a) Due to enemy attacks, epidemics;

b) Relocation or reduction of production and business sites according to the requirements of the competent state authorities.

1. Changes to organizational structure and technology under Clause 1, Article 44 of the Labor Code include the following cases:

a) Changes to organizational structure, reorganization of labor;

b) Changes to products, product structure;

c) Changes to production and business processes, technology, machinery, and equipment related to the industry or profession of the employer.

2. Economic reasons under Clause 2, Article 44 of the Labor Code include one of the following cases:

a) Economic crisis or recession;

b) Implementation of state policies for economic restructuring or international commitments.

3. In cases where changes to organizational structure, technology, or economic reasons affect employment or pose a risk of job loss involving two or more workers, the employer must fulfill obligations as stipulated in Article 44 of the Labor Code.

1. The employer has the responsibility to pay severance pay as provided in Article 48 of the Labor Code to workers who have worked continuously for at least twelve months when the labor contract terminates according to Clauses 1, 2, 3, 5, 6, 7, and 9 of Article 36 and when the employer unilaterally terminates the labor contract as provided in Article 38 of the Labor Code.

2. The employer has the responsibility to pay unemployment assistance as provided in Article 49 of the Labor Code to workers who have worked continuously for at least twelve months and lose their jobs due to changes in organizational structure, technology, or economic reasons, or due to mergers, consolidations, divisions, or spin-offs of enterprises or cooperatives as provided in Clause 10 of Article 36, Article 44, and Article 45 of the Labor Code.

a) Actual working time of the worker for the employer includes: time the worker worked for the employer; probationary period, vocational training, apprenticeship time to work for the employer; time the employer sent the worker to study; time off according to the Social Insurance Law; weekly rest time as provided in Article 110, paid leave as provided in Articles 111, 112, 115, and Clause 1 of Article 116 of the Labor Code; time off for trade union activities as provided by law; time off due to stoppage or cessation of work not due to the worker's fault; time off due to temporary suspension of work and time detained or imprisoned but returned to work upon conclusion by a competent authority that the worker did not commit a crime;

b) Time the worker participated in unemployment insurance includes: time the employer paid unemployment insurance as provided by law and time the employer simultaneously paid a sum equivalent to the unemployment insurance contribution as provided by law along with the worker's salary period;

c) Working time for calculating severance pay and unemployment assistance of the worker is calculated annually (at least 12 months); if there is a partial month, from one month to less than six months is counted as half a year; six months or more is counted as one full year of work.

4. Severance pay and unemployment assistance in certain special cases are regulated as follows:

a) In cases where a worker has worked continuously for at least twelve months for the employer and loses their job but the working time for calculating unemployment assistance is less than eighteen months, the employer is responsible for paying unemployment assistance to the worker for at least two months' salary;

b) After mergers, consolidations, divisions, or spin-offs of enterprises or cooperatives, if the worker terminates the labor contract, the employer is responsible for paying severance pay or unemployment assistance for the time the worker worked for them and the time the worker worked for the employer before the merger, consolidation, division, or spin-off of the enterprise or cooperative.

a) The employer is not an individual ceasing operations;

b) The employer or the worker encounters natural disasters, fires, enemy attacks, or infectious diseases;

c) The employer changes organizational structure, technology, or economic reasons as stipulated in Article 13 of this Decree.

Article 15. Responsibility for drafting labor utilization plans, calculating severance pay, and unemployment assistance for employers in cases of transferring ownership or usage rights of assets of enterprises

1. In cases where there is a transfer of ownership or usage rights of assets of an enterprise, the employer prior to the transfer shall be responsible for drafting a labor utilization plan in accordance with Article 46 of the Labor Code.

2. If an employee must terminate their employment contract according to the labor utilization plan stipulated in Clause 1 of this Article, the employer shall be responsible for calculating and paying unemployment assistance in accordance with Article 49 of the Labor Code.

3. If an employee continues to be employed, is sent for retraining to continue being employed, or is transferred to work part-time at the enterprise after the transfer of ownership or usage rights of assets in accordance with the labor utilization plan stipulated in Clause 1 of this Article, when terminating their employment contract, the subsequent employer shall be responsible for calculating and paying termination benefits in accordance with Article 48 or unemployment assistance in accordance with Article 49 of the Labor Code for the actual time the employee worked for them and termination benefits for the actual time the employee worked at the enterprise before the transfer of ownership or usage rights of assets, including the time working in the state sector recruited into the enterprise transferring ownership or usage rights of assets before January 1, 1995.

4. In cases where the employer of the enterprise continues to implement the transfer of ownership or usage rights of assets of a portion or all of the enterprise after the transfer of ownership or usage rights of assets of the enterprise, the employer prior to and after the transfer of ownership or usage rights of assets shall be responsible for implementing the provisions of Clauses 1, 2, and 3 of this Article.

Chapter III
COLLECTIVE BARGAINING, COLLECTIVE LABOR AGREEMENTS

Article 16. Regular Collective Bargaining

Regular collective bargaining as stipulated in Clause 2 of Article 67 of the Labor Code shall be conducted at least once a year. The timing of regular collective bargaining sessions shall be agreed upon by both parties.

Article 17. Responsibilities of Trade Union Organizations, Employer Representative Organizations, and State Labor Management Authorities in Participating in Collective Bargaining Sessions

1. Upon receiving a written request from either party to the collective bargaining session, the Vietnam General Confederation of Labor, provincial or municipal Federation of Labor, direct superior trade union organizations, central and local employer representative organizations, the Ministry of Labor, Invalids, and Social Affairs, provincial People's Committees, and district People's Committees shall be responsible for dispatching officials to attend the collective bargaining session.

2. Officials dispatched to attend the collective bargaining session by the organization or agency shall be responsible for providing information related to the content of the bargaining and guiding labor laws to the participants in the collective bargaining session.

Article 18. Parties to the Collective Labor Agreement of the Enterprise

1. The parties to the collective labor agreement of the enterprise under Clause 1, Article 83 of the Labor Code are defined as follows:

a) The representative of the trade union side is the Chairman of the grassroots trade union or the Chairman of the directly superior trade union at places where no grassroots trade union has been established;

b) The employer's representative is the person authorized by the enterprise's charter, cooperative, head of the agency or organization, or individual who employs workers under a labor contract.

2. In cases where the parties to the collective labor agreement specified in Clause 1 of this Article do not directly sign the collective labor agreement, they shall authorize another person in writing to sign the collective labor agreement. The authorized person may not further delegate authority to another person to sign the collective labor agreement.

Article 19. Responsibilities of State Management Agencies for Receiving Collective Labor Agreements

The responsibilities of state management agencies for receiving collective labor agreements are stipulated as follows:

1. Establish a register to manage collective labor agreements according to the model prescribed by the Ministry of Labor, War Invalids and Social Affairs.

2. Within fifteen days from the date of receipt of the collective labor agreement, if it is found that the collective labor agreement contains contents contrary to the law or was signed beyond the authority, the state management agency shall issue a written request to the People's Court to declare the collective labor agreement void, and simultaneously notify both parties to the collective labor agreement.

If the collective labor agreement has not taken effect, the state management agency shall issue a written request for both parties to negotiate amendments and supplements to the collective labor agreement and submit it to the state management agency as prescribed.

Article 20. Request to Declare the Collective Labor Agreement Void

When inspecting or handling complaints or accusations related to labor, if it is discovered that the collective labor agreement falls under any of the circumstances stipulated in Article 78 of the Labor Code, the Head of the Inspection Team, independent labor inspector, or the person assigned to conduct specialized inspections shall record the collective labor agreement as void and simultaneously issue a written request for the People's Court to declare the collective labor agreement void.

Chapter IV
WAGES

Article 21. Wages

Wages as stipulated in Clause 1 and Clause 2 of Article 90 of the Labor Code are defined as follows:

1. Wages recorded in the labor contract agreed upon between the worker and the employer to perform specific tasks include:

a) The wage level based on job or position is the wage level within the wage scale or wage table established by the employer in accordance with Article 93 of the Labor Code. The lowest wage level for the simplest work under normal working conditions (excluding overtime pay and night shift pay) must not be lower than the minimum regional wage set by the Government;

b) Wage supplements are amounts paid to offset factors such as working conditions, complexity of the job, living conditions, and the attractiveness of the job which have not been fully considered in the wage level based on job or position;

c) Other additional amounts are payments made outside the wage and wage supplements and are related to the performance of the job or position under the labor contract, except for bonuses, meal allowances during work shifts, and other support or subsidies provided by the employer that are unrelated to the job or position under the labor contract.

2. The wages paid to the worker are based on the wages recorded in the labor contract, labor productivity, quantity and quality of work performed by the worker.

3. The wages recorded in the labor contract and the wages paid to the worker are stipulated in Vietnamese Dong, except in cases where wages and wage supplements are paid to non-residents or foreign residents in accordance with laws on foreign exchange.

Article 22. Forms of Salary Payment

The form of salary payment according to Clause 1, Article 94 of the Labor Code is stipulated as follows:

1. Time-based salary is paid to workers based on actual working time per month, week, day, or hour, specifically:

a) Monthly wage is paid for a month's work based on the labour contract;

b) Weekly wage is paid for a week's work based on the monthly wage multiplied by 12 months and divided by 52 weeks;

c) Daily salary is paid for a determined working day based on monthly salary divided by the number of normal working days in a month as prescribed by law and selected by the enterprise;

d) Hourly salary is paid for a determined working hour based on daily salary divided by the number of normal working hours in a day as provided for in Article 104 of the Labor Code.

2. Piece-rate salary is paid based on the quantity and quality of products completed according to labor norms and product unit prices assigned.

3. Contracted salary is paid based on the volume and quality of work and the time required to complete it.

Article 23. Periods for Salary Payment for Monthly Wage Earners

1. Workers receiving monthly wages shall be paid their monthly salary once a month or twice a month.

2. The payment date is agreed upon by both parties and fixed at a specific point in time each month.

Article 24. Principles of Salary Payment

1. Workers must be paid directly, fully, and within the agreed timeframe.

2. In special cases due to natural disasters, fires, or other force majeure reasons where the employer has taken all possible measures but cannot pay the salary on time as agreed in the labor contract, the delay shall not exceed one month. The additional amount that the employer must pay to the worker for delayed salary payment is stipulated as follows:

a) If the delayed payment period is less than 15 days, no additional payment is required;

b) If the delayed payment period is 15 days or more, an additional amount equal to at least the delayed payment multiplied by the ceiling deposit interest rate for a one-month term announced by the State Bank of Vietnam at the time of salary payment shall be paid. When the State Bank of Vietnam does not specify a ceiling interest rate, it shall be calculated based on the deposit interest rate for a one-month term of a commercial bank where the enterprise or agency maintains its transaction account at the time of salary payment.

Article 25. Overtime Pay and Night Work Pay

1. Workers are entitled to overtime pay according to Clause 1, Article 97 of the Labor Code, which is stipulated as follows:

a) Workers who are paid time-based salaries are entitled to overtime pay when working outside regular working hours as defined by the employer according to Article 104 of the Labor Code;

b) Workers who are paid piece-rate salaries are entitled to overtime pay when working outside regular working hours to produce additional quantities or volumes of products or tasks beyond the labor norms agreed with the employer.

2. Overtime pay according to Clause 1 of this Article is calculated based on the unit price of the salary or the actual salary paid for the job being performed as follows:

a) On regular days, at least 150%.

b) On weekly rest days, at least 200%;

c) On public holidays, festivals, or rest days with pay, at least 300%, excluding the holiday pay stipulated by the Labor Code for workers paid daily salaries.

3. Workers who work night shifts according to Clause 2, Article 97 of the Labor Code shall be paid an additional amount of at least 30% of the salary calculated based on the unit price of the salary or the actual salary paid for the regular working day's job.

4. Workers who work overtime during night shifts according to Clause 3, Article 97 of the Labor Code, in addition to the payment stipulated in Clauses 2 and 3 of this Article, shall also be paid an additional 20% of the salary calculated based on the unit price of the salary or the actual salary paid for the daytime job of the regular working day or the weekly rest day or the holiday.

5. Workers who work overtime on public holidays or festivals coinciding with weekly rest days as stipulated in Article 110 of the Labor Code shall be paid overtime pay on public holidays or festivals. Workers who work overtime on compensatory rest days when public holidays or festivals coincide with weekly rest days as stipulated in Clause 3, Article 115 of the Labor Code shall be paid overtime pay on weekly rest days.

6. The salary paid to workers for overtime work and night work as stipulated in Clauses 2, 3, 4, and 5 of this Article shall be calculated in accordance with the forms of salary payment stipulated in Article 22 of this Decree.

Clause 1. The wages serving as the basis for paying workers during periods of work stoppage as stipulated in Clause 1, Article 98 of the Labor Code shall be the wages recorded in the labor contract when the worker must stop working, and shall be calculated according to the wage payment methods prescribed in Clause 1, Article 22 of this Decree.

Clause 3. The wages serving as the basis for paying workers for days not taken as annual leave or not fully taken as annual leave as provided for in Article 114 of the Labor Code shall be determined as follows:

Point a. For workers who have worked for at least six months, it shall be the average wage according to the labor contract of the six consecutive months immediately preceding the time the worker ceases employment or loses their job. For workers who have not taken annual leave or have not fully taken their annual leave due to other reasons, it shall be the average wage according to the labor contract of the six consecutive months immediately preceding the time the employer calculates payment for the days not taken as annual leave;

Point b. For workers who have worked less than six months, it shall be the average wage according to the labor contract for the entire period of employment.

Clause 4. The wages paid to workers for days not taken as annual leave or not fully taken as annual leave shall be the wages specified in Clause 3 of this Article divided by the number of normal working days according to the employer's regulations in the month immediately preceding the calculation point by the employer, multiplied by the number of days not taken or not fully taken as annual leave.

Clause 5. The wages serving as the basis for advance payment to workers during temporary leave to fulfill civic duties as stipulated in Clause 2, Article 100 or being temporarily suspended from work as provided for in Article 129 of the Labor Code shall be the wages according to the labor contract of the month immediately preceding the time the worker takes temporary leave or is temporarily suspended from work, and shall be calculated according to the wage payment methods prescribed in Clause 1, Article 22 of this Decree.

Clause 6. The wages serving as the basis for deducting wages from workers to compensate for damage caused by breaking tools or equipment as stipulated in Clause 1, Article 130 of the Labor Code shall be the actual monthly wages received by the worker after compulsory social insurance contributions, health insurance contributions, unemployment insurance contributions, and individual income tax payments (if applicable) have been deducted according to the regulations.

Chapter V
DISCIPLINARY ACTION IN LABOR, MATERIAL LIABILITY

Section 1
DISCIPLINARY ACTION IN LABOR

Article 27. Contents of the Labor Regulations

The main contents of the labor regulations according to Clause 2, Article 119 of the Labor Code are stipulated as follows:

1. Working hours and rest periods: Provisions on normal working hours in one day, in one week; shifts; start time, end time of shifts; overtime work (if any); overtime work in special cases; time for short breaks outside regular break times; shift change rest; weekly rest days; annual leave, personal leave, unpaid leave.

2. Order at the workplace: Provisions on the scope of work and movement during working hours; conduct, attire; compliance with assignments and dispatches from the employer (except in cases where there is clear danger of accidents, occupational diseases, serious threats to life and health).

3. Occupational safety and hygiene at the workplace: Responsibility to be familiar with regulations on safety, hygiene, fire prevention; compliance with measures to ensure occupational safety and hygiene, prevent accidents and occupational diseases; adherence to internal rules, procedures, standards, and criteria for occupational safety and hygiene; use and maintenance of personal protective equipment; cleaning, detoxification, disinfection at the workplace.

4. Protection of property, technological secrets, business secrets, and intellectual property rights of the employer: List of assets, documents, technological secrets, business secrets, and intellectual property rights that must be protected within the scope of assigned responsibilities.

5. Violations of labor discipline, forms of disciplinary action, and material liability: List of violations, corresponding levels of violation with forms of disciplinary action; extent of damage, responsibility for compensation.

Article 28. Registration of Labor Regulations and Effectiveness of Labor Regulations

1. Within ten days from the date of issuance of the labor regulations, the employer must submit the registration dossier of the labor regulations to the provincial-level state management agency for labor affairs where the business registration is located.

4. Upon receipt of the notification that the labor regulations contain provisions contrary to the law, the employer shall amend and supplement the labor regulations, seek opinions from the representative organization of employees at the workplace, and re-register the labor regulations.

5. In cases of amending and supplementing existing effective labor regulations, the employer shall seek opinions from the representative organization of employees at the workplace and re-register the labor regulations.

6. The registration dossier for re-registering the labor regulations as stipulated in Clauses 4 and 5 of this Article shall be carried out in accordance with the registration of labor regulations.

7. The labor regulations become effective fifteen days after the provincial-level state management agency for labor affairs receives the registration dossier or the re-registration dossier of the labor regulations.

8. Employers with branches, units, production and business establishments located in multiple provinces and centrally-administered cities shall be responsible for sending the labor regulations to the provincial-level state management agency for labor affairs where the branches, units, production and business establishments are located after they become effective.

9. Employers employing fewer than ten workers are not required to register the labor regulations.

Article 29. Disciplinary Measures for Employees Caring for Children under 12 Months Old

1. Employers shall not impose disciplinary measures on employees who are the biological father, biological mother, or legally adopted father or mother caring for children under 12 months old.

2. When the period of caring for a child under 12 months old ends, if the statute of limitations for disciplinary measures has expired, the statute of limitations for disciplinary measures may be extended, but not exceeding 60 days from the date the period of caring for a child under 12 months old ends.

The procedure for imposing disciplinary measures as stipulated in Article 123 of the Labor Code is as follows:

1. Employers must send a written notice to the trade union’s basic-level executive committee or the higher-level trade union executive committee where a basic-level trade union has not been established, the employee, the employee's parent, or the legal representative of the employee under 18 years old at least five working days before conducting the disciplinary meeting.

2. The disciplinary meeting shall be held when all participants notified according to Clause 1 of this Article are present. In cases where the employer has sent three written notifications, but one of the participants is absent, the employer may proceed with the disciplinary meeting, except when the employee is within the period during which they cannot be disciplined as provided for in Clause 4 of Article 123 of the Labor Code.

3. The disciplinary meeting must be recorded in minutes and approved by the participants before the end of the meeting. The minutes must contain signatures of all participants notified according to Clause 1 of this Article and the person recording the minutes. If one of the participants who attended the meeting does not sign the minutes, the reason must be clearly stated.

4. The party entering into a labor contract as prescribed in Points a, b, c, and d of Clause 1 of this Decree is authorized to issue a decision on disciplinary measures against the employee. An authorized party entering into a labor contract only has the authority to impose disciplinary measures in the form of reprimand.

5. The decision on disciplinary measures must be issued within the time limit of the statute of limitations for disciplinary measures or the extended statute of limitations for disciplinary measures as provided for in Article 124 of the Labor Code. The decision on disciplinary measures must be sent to the participants in the disciplinary meeting.

Article 31. Dismissal Discipline for Employees Who Leave Work Without Permission

2. Employees who take leave for valid reasons in the following cases:

a) Due to natural disasters or fires;

b) The employee, their biological father, biological mother, adopted father, adopted mother, husband's father, husband's mother, wife's father, wife's mother, spouse, or legitimate child is ill, with confirmation from a medical facility established and operating in accordance with the law;

c) Other cases specified in the internal regulations of the workplace.

Section 2
MATERIAL LIABILITY

Article 32. Compensation for Damage

Compensation for damage as prescribed in Article 130 of the Labor Code shall be regulated as follows:

1. The employee must compensate up to a maximum of three months' salary recorded in the labor contract of the month immediately preceding the damage caused, deducted monthly from wages according to Clause 3, Article 101 of the Labor Code due to negligence resulting in damage to tools and equipment with actual loss not exceeding ten times the minimum wage applicable in the region where the employee works as published by the Government.

2. The employee must compensate partially or fully at market value when falling under any of the following circumstances:

a) Due to negligence causing damage to tools and equipment with actual loss exceeding ten times the minimum wage applicable in the region where the employee works as published by the Government;

b) Causing the loss of tools, equipment, or assets of the employer or other assets entrusted by the employer;

c) Exceeding the permitted quota of material consumption set by the employer.

3. In cases where the employee causes damage to the employer as stipulated in Clause 2 of this Article and has entered into a responsibility agreement with the employer, compensation shall be made according to such agreement.

4. In cases where the damage is caused by natural disasters, fires, enemy actions, epidemics, catastrophes, or unforeseeable and unavoidable events despite the employer's application of all necessary measures within its capacity, the employee shall not be required to compensate.

5. The procedures, formalities, and time limits for handling compensation for damage shall be applied according to the procedures, formalities, and time limits for handling disciplinary actions against employees.

Article 33. Appeals Regarding Disciplinary Actions Against Employees and Material Liability

1. An employee subject to disciplinary action, temporary suspension of work, or required to compensate under the material liability system may file an appeal with the employer or competent authority as provided by law, or request resolution of individual labor disputes according to the procedure stipulated in Article 201 of the Labor Code if they consider it inappropriate.

2. The employer must revoke or issue a replacement decision and notify the employee within the enterprise when the competent state agency concludes that the decision on disciplinary action against the employee, temporary suspension of work, or compensation decision differs from the content of the employer's decision.

3. The employer must restore the rights and interests of the employee violated by the disciplinary action decision, temporary suspension of work decision, or compensation decision of the employer. If the disciplinary action involves illegal dismissal, the employer is obligated to comply with the provisions of Clauses 1, 2, 3, and 4 of Article 42 of the Labor Code.

Chapter VI
SETTLEMENT OF LABOR DISPUTES

Article 34. Labor Arbitration Council

1. The Labor Arbitration Council as stipulated in Article 199 of the Labor Code consists of the following members:

a) The Chairman of the Council is the head of the provincial-level state management agency for labor affairs;

b) The Secretary of the Council;

c) Members of the Council are representatives of the provincial-level trade union organization and the provincial-level organization representing employers.

2. The Chairman and members of the Council serve on a part-time basis, with a term of five years.

3. The Secretary of the Council belongs to the staff of the Department of Labor, Invalids, and Social Affairs and serves on a full-time basis, receiving a duty allowance equivalent to the position allowance of a department director.

4. The Chairman of the Labor Arbitration Council shall establish the operational regulations of the Council.

Article 35. Handling of Strikes Not in Accordance with Procedures and Formalities

The handling of strikes not in accordance with procedures and formalities as stipulated in Article 222 of the Labor Code is provided as follows:

1. The Chairman of the People's Committee of the province shall declare a strike not in accordance with procedures and formalities as follows:

a) When it is found that the organization and leadership of the strike do not comply with the provisions of Articles 212 and 213 of the Labor Code, the employer shall immediately notify the Chairman of the People's Committee of the district and the Trade Union of the district, town, city under the province, or the trade union of the industrial park, export processing zone, economic zone, high-tech park where the strike occurs;

b) Upon receiving the notification from the employer, the Chairman of the People's Committee of the district shall direct the Department of Labor - Invalids and Social Affairs to cooperate with the Trade Union of the district, town, city under the province, or the trade union of the industrial park, export processing zone, economic zone, high-tech park where the strike occurs to inspect the matter. Within 24 hours from receiving the directive, the Department of Labor - Invalids and Social Affairs shall report to the Chairman of the People's Committee of the district the results of the inspection;

c) In the case of a strike not in accordance with procedures and formalities, within 12 hours after receiving the report from the Department of Labor - Invalids and Social Affairs, the Chairman of the People's Committee of the district shall issue a document requesting the Chairman of the People's Committee of the province to decide on declaring the strike in violation of procedures and formalities;

d) Within 12 hours after receiving the request from the Chairman of the People's Committee of the district, the Chairman of the People's Committee of the province shall issue a decision declaring the strike in violation of procedures and formalities and immediately notify the Chairman of the People's Committee of the district.

2. Within 12 hours from receiving the decision declaring the strike in violation of procedures and formalities issued by the Chairman of the People's Committee of the province, the Chairman of the People's Committee of the district shall direct the Department of Labor - Invalids and Social Affairs to take the lead and coordinate with the Trade Union of the district, town, city under the province, or the trade union of the industrial park, export processing zone, economic zone, high-tech park where the strike occurs, and relevant agencies and organizations to meet with the employer, the Executive Board of the grassroots trade union or the higher-level trade union directly responsible for the workplace where no grassroots trade union has been established to hear opinions and assist the parties in resolving the issue.

3. Participants in a strike not in accordance with procedures and formalities shall not be entitled to wages and other benefits prescribed by law during the period of participation in the strike. Workers who do not participate in the strike but are required to stop work due to the strike shall be paid停工待薪期间的工资及其他劳动法规定的权益。根据《劳动法》第98条第2款的规定，他们将获得停工待薪期间的工资，并享有其他法律规定的工作权益。

Article 36. Compensation for Damages in Cases of Illegal Strikes

The compensation for damages in cases of illegal strikes as stipulated in Clause 1 of Article 233 of the Labor Code is provided as follows:

1. The employer shall determine the value of the damage caused by the illegal strike, including:

a) Damage to machinery, equipment, raw materials, semi-finished products, finished products, after deducting the value recovered from liquidation or recycling (if any);

b) Costs to mitigate the consequences caused by the illegal strike, including: operating machinery and equipment according to technological requirements; repairing or replacing damaged machinery and equipment; recycling raw materials, semi-finished products, and finished products that have been damaged; preserving raw materials, semi-finished products, and finished products during the strike period; environmental sanitation; compensating customers or penalties for breach of contract due to the strike.

2. The employer shall issue a document requesting the leading trade union organization of the illegal strike to compensate for the damage. The document requesting compensation shall include the following main contents:

a) The value of the damage caused by the illegal strike as stipulated in Clause 1 of this Article;

b) The value of the compensation requested;

c) The deadline for compensation.

3. Based on the content of the document requesting compensation for damages from the employer, the representative of the trade union organization directly leading the strike shall be responsible for implementing the compensation for damages in accordance with the regulations.

If they disagree with the value of the damage, the value of the compensation, or the deadline for compensation as requested by the employer, within five working days from receiving the request document, the representative of the trade union organization directly leading the strike shall issue a document requesting the employer to organize negotiations on the contents not agreed upon.

After negotiation, if both parties reach an agreement, they shall be responsible for implementing the agreed-upon contents. If no agreement is reached, either party may request the court to resolve the matter in accordance with the law.

Chapter VII
IMPLEMENTING PROVISIONS

Article 37. Effective Date

1. This Decree takes effect from March 1, 2015.

2. Decree No. 196/CP dated December 31, 1994 of the Government detailing and guiding the implementation of certain articles of the Labor Code regarding collective labor agreements; Decree No. 93/2002/NĐ-CP dated November 11, 2002 of the Government amending and supplementing certain articles of Decree No. 196/CP dated December 31, 1994 of the Government detailing and guiding the implementation of certain articles of the Labor Code regarding collective labor agreements; Decree No. 41/CP dated July 6, 1995 of the Government detailing and guiding the implementation of certain articles of the Labor Code regarding labor discipline and material responsibility; Decree No. 33/2003/NĐ-CP dated April 2, 2003 of the Government amending and supplementing certain articles of Decree No. 41/CP dated July 6, 1995 of the Government detailing and guiding the implementation of certain articles of the Labor Code regarding labor discipline and material responsibility; Decree No. 11/2008/NĐ-CP dated January 30, 2008 of the Government providing for compensation for damages in cases where illegal strikes cause damage to employers and previous regulations inconsistent with the provisions of this Decree shall cease to be effective from the date this Decree takes effect.

Article 38. Transitional provisions

1. Labour contracts, collective labour agreements, labour regulations, and other rules established by employers that were signed or issued before this Decree takes effect shall be reviewed, amended, supplemented, and the issuance procedures completed in accordance with the provisions of this Decree by the relevant parties.

2. For wholly state-owned enterprises or enterprises undergoing shareholding reform from state-owned enterprises when terminating labour contracts with employees who have worked at agencies, organizations, units, or enterprises under the public sector and transferred to work at such enterprises before January 1, 1995 but have not yet received severance pay or unemployment benefits, the employer shall be responsible for paying severance pay or unemployment benefits for the time the employee worked for them and severance pay for the time the employee worked for agencies, organizations, units, or enterprises under the public sector prior to that.

3. Employees working in a joint-stock company with a single member owned by the State who are appointed by the competent authority to serve as members of the Board of Members or Chairman of the Company, General Director (Director), Deputy General Director (Deputy Director), Auditor, Chief Accountant, or appointed as representatives of contributed capital and working at another enterprise before this Decree takes effect shall have their temporary suspension of labour contracts as stipulated in Article 9 of this Decree calculated from the date of appointment or designation as a representative of contributed capital.

Article 39. Responsibility for Implementation

1. The Minister of Labor, Invalids, and Social Affairs shall be responsible for guiding the implementation of this Decree.

2. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairpersons of People's Committees of provinces and centrally-administered cities, and related agencies, organizations, enterprises, and individuals shall be responsible for implementing this Decree./.