Circular No. 19-LDTBXH/TT guiding the implementation of the Labor Regulations for foreign-invested enterprises

 

CIRCULAR

GUIDELINES FOR IMPLEMENTING THE LABOUR REGULATIONS FOR ENTERPRISES WITH FOREIGN INVESTMENT CAPITAL

Pursuant to Decree No. 233-HĐBT dated June 22, 1990 of the Council of Ministers promulgating the Labour Regulations for enterprises with foreign investment capital, after exchanging opinions and reaching consensus with the State Committee on Investment Cooperation and some relevant ministries and sectors, the Ministry of Labour - Invalids and Social Affairs guides and specifies the implementation as follows:

I - SCOPE AND SUBJECTS OF APPLICATION.

1. Scope of application of the labour regulations:

Enterprises, joint ventures, wholly foreign-owned enterprises, foreign parties conducting business cooperation based on contracts, foreign representative offices, established and operating within the territory of the Socialist Republic of Vietnam according to the Law on Foreign Investment in Vietnam, which have been granted licenses by the State Committee on Investment Cooperation.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

The Director or the person authorized by the Director to conclude labour contracts and collective labour agreements shall continue to implement the terms already concluded when the Director changes. The successor automatically continues to perform the concluded terms.

Vietnamese or foreign workers working at enterprises falling under the scope mentioned in Point 1, Part I above.

II - RECRUITMENT AND TRAINING

1. Recruitment criteria for workers:

The physical fitness, gender, educational level, skills, specialty, and vocational requirements for workers are set by the enterprise according to recruitment needs and must be at least 18 years old according to the Gregorian calendar.

In cases where it is necessary to recruit workers under 18 years old, this shall be carried out in accordance with Article 4 of the Labour Regulations.

2. Recruitment methods:

Clause 3 of the Labour Regulations stipulates that enterprises may recruit through three methods:

a) Based on the worker criteria, the enterprise directly selects from those introduced by local labour authorities.

The local labour authority referred to here is the Department of Labour - Invalids and Social Affairs of provinces, cities, and centrally-administered municipalities.

b) If the enterprise does not have the conditions to select directly, it may entrust a labour supply company or an investment service company to recruit according to the enterprise's requirements.

A labour supply company or an investment service company must have full legal status, defined functions for supplying labour, and when performing functions to introduce jobs and recruit workers for foreign-invested enterprises, they must have a permit according to the classification level.

Companies under central ministries and sectors are licensed by the Ministry of Labour - Invalids and Social Affairs.

Companies under localities are licensed by the People's Committee Chairman of the province.

In cases where the content of recruiting workers has been recorded in the joint venture contract or the business cooperation contract, which is the responsibility of the Vietnamese side, the Vietnamese enterprise participating in the joint venture or cooperation shall implement the commitments made.

c) After selecting through methods a and b without achieving the required results, the enterprise shall notify the local labour authority to apply the method of widely announcing recruitment through mass media, including people residing in other areas.

Within 15 days after recruitment, the enterprise shall report the results to the local labour authority for monitoring, management, and creating necessary conditions for workers when they reside in the area.

d) Introduction or recruitment fees under agency:

The introduction or recruitment fees under agency mentioned in sub-clause a and b shall only be charged once according to the agreed amount, but shall not exceed:

3% of the monthly wage stated in the labour contract for each case recruited through introduction to cover transaction costs, recruitment announcements, documents, forms, and necessary personal files.

8% of the monthly wage stated in the contract for each case recruited under agency to cover transaction costs, recruitment announcements, documents, forms, necessary personal files, health check-ups, skill tests, or professional qualification checks.

3. Recruitment of foreigners:

a) For jobs requiring high technical skills or managerial positions that Vietnam cannot meet, the enterprise has the right to recruit foreigners but must submit a written request to the local labour authority for approval with the following basic contents:

The job requiring foreign workers, specific usage period;

||| Specific training programs and plans to replace foreign workers with Vietnamese workers;

||| Units, organizations, or individuals responsible for the costs of bringing foreign workers into Vietnam and returning them to their home countries.

||| b) Upon arrival in Vietnam, foreign workers shall be issued work permits according to a uniform model prescribed by the Ministry of Labor, Invalids, and Social Affairs.

||| III- EMPLOYMENT CONTRACTS

||| 1. Model employment contract:

||| The model employment contract is issued in Appendix A attached to this Circular.

||| The contents of the employment contract are clearly stated in the provisions of Chapter III of the Labor Regulations.

||| 2. Termination of employment contracts:

||| a) The unilateral right to terminate employment contracts by employees as stipulated in Article 15 of the Labor Regulations. Specify some points:

||| For indefinite-term employment contracts: employees have the right to terminate the contract at any time without providing reasons but must notify the Factory Director (or a person authorized by the Director) at least 60 days in advance.

||| For fixed-term employment contracts and employment contracts for specific tasks, seasonal, or annual work, employees have the right to unilaterally terminate the contract (but must provide prior notice as specified in Article 18 of the Labor Regulations) if any of the following circumstances occur:

||| Point 2, Article 15: The factory intentionally delays or underpays wages and allowances (if any) for one week or more in two consecutive pay periods or four non-consecutive pay periods within a year.

||| Point 3, Article 15: The Factory Director or a person authorized by the Director directly or indirectly tolerates subordinates who insult, threaten, or offend employees, causing physical harm or significant mental distress, even though such actions do not constitute criminal offenses under the Criminal Code.

||| b/ The unilateral right to terminate employment contracts by the factory as stipulated in Article 16 of the Labor Regulations:

||| Point 1, Article 16: An employee is considered to frequently fail to complete assigned tasks according to the contract when they do not meet or complete the quantity and quality of work assigned for two consecutive months or three months within a year.

||| 3. Compensation levels for violations of termination conditions of employment contracts or prior notice periods:

||| The factory or employee violating the termination conditions of employment contracts or failing to comply with the prior notice period as prescribed shall bear responsibility for compensation as follows:

||| a. Violation of termination conditions of employment contracts: The party in violation must compensate the other party:

||| At least three (3) months' salary if it is an indefinite-term employment contract or a fixed-term employment contract that has been performed for less than half of the agreed term.

||| At least two (2) months' salary if it is a fixed-term employment contract that has been performed for more than half of the agreed term.

||| At least one (1) month's salary for all other cases.

||| The salary mentioned above includes the basic salary and allowance (if any) recorded in the employment contract.

||| b. Violation of prior notice periods:

||| The party in violation must compensate an amount equal to the salary and allowance (if any) for the entire remaining notice period.

||| c. In cases where an employee trained by the factory subsequently violates the termination conditions of the employment contract, in addition to the compensation as prescribed above, the employee must also compensate the training costs incurred by the factory, as recorded in the employment contract, if requested by the employer. The compensation level is agreed upon beforehand and recorded in the employment contract.

||| d. Payment obligations of both parties after termination of employment contracts:

||| Within one week from the date of termination of the employment contract, the factory and the employee shall be responsible for settling all benefits stipulated for each party, including those recorded in the contract and any compensations if applicable;

||| The factory shall be responsible for returning any labor (if any) and all other documents submitted by the employee during their employment at the factory. If the factory causes damage or loss, it must pay the costs for the employee to obtain necessary replacement documents;

||| The employee shall return any equipment and supplies not owned personally that were provided during their employment at the factory, including the factory entry card (if any). Simultaneously, the employee may request the factory to issue necessary certificates regarding their working period at the factory, vocational qualifications, professional skills, and benefits received.

||| IV- COLLECTIVE LABOR AGREEMENTS

||| 1. In addition to the contents already stipulated in Article 23 of the Labor Regulations, collective labor agreements may include the following:

||| Working relationships between labor representatives (or the Factory Union) and the Director;

||| Rest policies for jobs or tasks where working hours cannot follow the standard schedule;

||| Agreements on layoffs due to risks, disasters, or technological changes;

||| Provisions on wage systems, bonuses, salary increments, training, and skill enhancement, and payday within the month;

||| Methods for resolving labor disputes;

||| Other benefits.

||| All such agreements must not contravene the Labor Regulations and the guidelines set forth in this Circular.

||| 2. Depending on the specific conditions of each factory, the Director (or a person authorized by the factory Director) may proactively draft, negotiate with the union or labor representatives, and sign collective labor agreements in accordance with regulations.

||| When a factory does not have a union and needs to appoint labor representatives, these representatives shall be selected from among the employees working at the factory through a secret ballot witnessed by the Factory Director (or a representative) and a representative of the local labor authority.

||| 3. The local labor authority (Department of Labor, Invalids, and Social Affairs) is the registration body for collective labor agreements of factories. Within a maximum of 15 days after receiving the agreement, if the local labor authority does not respond with approval for registration, the collective labor agreement shall automatically take effect.

4. Collective labor agreement is one of the important legal grounds for inspection, supervision, and resolution of labor disputes at the enterprise.

V- TRADE UNION

1. The General Director of the enterprise must respect the rights regarding organization and operation of the Trade Union in accordance with the Trade Union Law and provisions set forth in Articles 28, 29, 30 of the Labor Regulations.

2. The Chairman or the person authorized by the Trade Union Executive Board may attend and provide opinions in meetings where the content pertains to the rights and interests of workers.

3. When terminating the Labor Contract pursuant to Article 16 of the Labor Regulations, the General Director of the enterprise shall consult with the Trade Union Executive Board. In case there is disagreement with the General Director's decision, the Trade Union Executive Board has the right to report to the competent authority to resolve labor disputes.

4. When violations concerning the implementation of policies and laws affecting workers are observed, the Trade Union Executive Board has the right to request the General Director of the enterprise to comply with such policies and laws.

5. The General Director of the enterprise is responsible for creating favorable conditions for the activities of the Trade Union, providing means, information, and timely notification of wage, bonus, occupational safety, and health conditions, and matters related to workers within the enterprise.

The Trade Union is responsible for educating workers to strictly adhere to their labor contracts.

VI- WORKING HOURS AND REST PERIODS

1. Working hours and rest periods stipulated in the Labor Regulations specify maximum or minimum levels depending on the situation. If the Labor Regulations stipulate a maximum level, the enterprise has the right to implement a lower level, and conversely, if a minimum level is specified, the enterprise has the right to implement a higher level.

2. Rest periods between shifts:

For workers working in shifts: rest periods between shifts are not counted as working hours.

For workers working regular office hours: rest periods between shifts are not counted as working hours.

3. Annual leave:

Annual leave includes working days, including travel days. When annual leave coincides with weekly rest days or public holidays, those days are not deducted from annual leave.

Workers may take leave in multiple instances but the total number of annual leave days shall not exceed the prescribed limit and shall not exceed three times in a year.

If workers voluntarily choose not to take leave or do not exhaust their annual leave days, they will be compensated for those unused days.

Workers may be reimbursed for transportation costs for annual leave according to the enterprise's capacity, and this provision is recorded in the collective labor agreement.

4. Paid leave time:

Public holidays that do not coincide with weekly rest days as stipulated in Article 33 of the Labor Regulations;

Annual leave as stipulated in Article 35 of the Labor Regulations;

Maternity leave for women under the maternity allowance system;

Daily care time for children under 12 months old;

Three days off in the event of marriage; death of parents (from either side), spouse, or child as stipulated in Article 38 of the Labor Regulations;

Other paid leave days agreed upon in the collective labor agreement, employment contract, or granted by the General Director of the enterprise.

Full pay here refers to the basic salary and any allowances (if applicable) as recorded in the employment contract.

VII- WAGES - PAY FOR LABOR

1. Wages stipulated in the contract:

Based on the field of production-business, industry, profession, working conditions, skill level, expertise, the basic wage and allowances of workers recorded in the contract are formed through negotiation between the worker and the General Director of the enterprise (or a person authorized by the General Director), but the basic wage cannot be lower than the minimum wage announced annually by the Minister of Labor, Invalids, and Social Affairs applicable to workers in foreign-invested enterprises.

The basic wage can be recorded as hourly, daily, weekly, or monthly wages, but in all cases, it must also include the monthly wage as a basis for resolving specific regulations set forth in this Circular.

To facilitate wage negotiations with workers, before recruiting workers, the enterprise may cooperate with the Ministry of Labor, Invalids, and Social Affairs or local labor authorities to study and develop wage scales and allowance systems suitable for the industries, professions, and jobs of the enterprise.

The enterprise has the right to apply appropriate wage payment methods to link wages with the results of work performed by groups or individual workers.

2. Provisions on wage payment:

The enterprise is responsible for directly, fully, and timely paying wages and allowances (if any) to workers at the workplace as stipulated. If payment is delayed or insufficient, penalties will be imposed at a rate of 0.3% per day for the first week and 0.5% per day thereafter for the amount delayed or insufficiently paid.

Wages may be paid entirely or partially in foreign currency or Vietnamese currency with a foreign currency base, based on the exchange rate published by the State Bank of Vietnam at the time of payment and must be paid in cash.

Workers working night shifts (from 10 PM to 6 AM) are entitled to an additional payment of at least 50% of the daytime hourly wage rate. For hotels, this additional payment may be lower but should not be less than 25% of the daytime hourly wage rate.

Workers working overtime on regular days are entitled to an additional payment of at least 50% of the standard hourly wage (including the basic wage and allowances). If working overtime on public holidays or weekly rest days, they are entitled to an additional payment of at least 100% of the standard hourly wage.

When the enterprise goes bankrupt, is dissolved, or liquidated, wages must be the first priority debt to be settled.

Monthly, the enterprise is responsible for reporting actual income (including wages, bonuses, and other income) of workers employed in the enterprise to financial and local labor authorities.

VIII- SOCIAL INSURANCE

1. The amount of social insurance contributions due from the enterprise:

a. Pursuant to Article 36 of the Labor Regulations: "monthly, the enterprise has the obligation to pay a social insurance amount equal to 10% of the total wage fund of workers employed at the enterprise."

The total wage fund is calculated based on the basic salary (recorded in the labor contract) of the number of workers employed at the enterprise, including both management staff and key personnel of the enterprise decided by the Joint Stock Company's Management Board or the sole foreign owner of the enterprise.

b. The use of the 10% social insurance amount under the enterprise's obligations is as follows:

Monthly, the enterprise is responsible for paying 2% to the local labor authority or Social Insurance Company (if any) to contribute to the fund for unemployment benefits for workers. The specific beneficiaries and benefit levels are stipulated by the State.

The payment date within the month shall be agreed upon by the enterprise and the local labor authority or Social Insurance Company. If payment is late or insufficient, compensation must be made according to the bank interest rate prevailing at the time of delay or insufficiency.

The remaining 8% is placed into a social insurance fund established at the enterprise jointly managed by representatives of the enterprise and workers' representatives to cover the following social insurance benefits:

Allowance paid to workers who take leave due to illness, work-related accidents, occupational diseases, at least equal to 50% of the basic salary recorded in their contract.

Allowance equivalent to 100% of the salary paid to female workers taking maternity leave according to the maternity regulations (at least 12 weeks). In cases where, after the aforementioned period, the mother is still unable to return to work due to maternity reasons and has a medical certificate from the hospital, the enterprise may grant additional leave, but not exceeding 12 weeks. Allowance for additional leave days will be paid as per the sick leave allowance regulations. Additionally, the enterprise may grant further unpaid leave depending on specific circumstances.

Medical examination and treatment costs due to illness, maternity, work-related accidents, occupational diseases, including travel expenses from residence or workplace to the medical facility, orthopedic fitting and installation fees for orthopedic devices due to work-related accidents or occupational diseases.

Medicine costs for treating illness, maternity, work-related accidents, occupational diseases, which do not require hospitalization.

Allowance for female workers during maternity leave and implementation of family planning measures and women's health care.

Funeral expenses for workers who die while working at the enterprise, including:

1 (one) wooden coffin of Group V (five);

20 (twenty meters) of burial cloth;

A hearse and a vehicle for mourners;

Incense, flowers, candles, and other incidental expenses.

The system and record-keeping for managing the 8% social insurance fund shall be implemented in accordance with the provisions of the financial authority or the enterprise may establish its own system and records, subject to approval by the provincial, municipal, or centrally-administered city financial authority.

2. The social insurance amount under the obligation of workers:

Article 47 |||According to the Labor Regulations: "monthly, workers have the obligation to pay 10% of their salary into the local social insurance fund to cover various social insurance benefits."

The salary referred to here is the basic monthly salary recorded in the labor contract, not based on the actual income of the worker. Collection and payment are centralized at the enterprise through monthly payroll periods, and the enterprise is responsible for timely transfer to the local labor authority (or Social Insurance Company).

Vietnamese workers retiring or leaving due to loss of working capacity shall enjoy all benefits as domestic workers retiring or leaving due to loss of working capacity. Those who do not meet the conditions for retirement or loss of working capacity shall be entitled to termination benefits as prescribed.

Procedures and sources of funding for workers retiring or leaving due to loss of working capacity shall be handled by the local labor authority (or Social Insurance Company).

This 10% social insurance amount is not mandatory for foreign workers.

IX- WORK SAFETY AND HEALTH PROTECTION

The enterprise is responsible for ensuring safety and protecting the health of workers in accordance with Articles 48, 49, and 50 of the Labor Regulations.

1. Pre-notification before the enterprise commences operations:

Before commencing operations, the enterprise must notify the local labor authority about the following contents:

The location of the enterprise;

Hazardous factors that may arise during the operation of the enterprise;

Measures to ensure work safety and hygiene for workers and protect the surrounding environment.

Fire prevention and explosion control plans and emergency response procedures in case of work-related accidents or environmental pollution incidents.

2. Provision of personal protective equipment:

The enterprise provides workers with appropriate personal protective equipment suitable for the work they perform to ensure work safety and hygiene.

For types of personal protective equipment that could lead to work-related accidents if lacking, such as insulated gloves, oil-resistant boots, acid-resistant boots, safety harnesses, gas masks, special heat-resistant clothing, acid-resistant clothing, diving suits, etc., these must not be compensated in cash to workers.

The type of personal protective equipment provided to workers and the usage period for each type should be clearly stated in the labor contract.

3. Regarding work-related accidents and occupational diseases:

All occurrences of work-related accidents and occupational diseases must be reported, investigated, documented, and reported in accordance with the regulations of the Socialist Republic of Vietnam.

The enterprise is responsible for insuring workers at the Vietnamese insurance agency, with a minimum compensation of $8,000 (eight thousand US dollars) for a worker who dies or loses more than 81% of their working capacity due to a work-related accident or occupational disease not caused by the worker's fault.

Other compensation levels depend on the degree of disability and permanent loss of working capacity, and workers will receive compensation according to the regulations of the Vietnamese insurance agency.

4. Employment of female workers and those under 18 years old:

The list of hazardous, heavy, and dangerous occupations and jobs is issued in Appendix B attached to this Circular.

The list may be supplemented or amended by the Minister of Labor, War Invalids and Social Affairs when necessary.

5. Handling violations related to occupational safety and labor hygiene:

Enterprises violating laws and regulations on occupational safety and labor hygiene that cause or have the potential to cause workplace accidents, occupational diseases, or environmental pollution shall be subject to fines under the Administrative Offense Sanctions Ordinance or criminal liability under the Penal Code of the Socialist Republic of Vietnam, depending on the severity of the violation.

X- LABOR INSPECTION AND AUDIT

Provincial labor inspectors, labor inspectors from the Ministry of Labor, War Invalids and Social Affairs, and officials authorized by the Minister of Labor, War Invalids and Social Affairs have the authority to inspect and audit compliance with labor regulations, collective labor agreements, and other labor provisions at enterprises.

Regular inspections must be announced in advance to the enterprise's General Director through a detailed plan.

Unannounced inspections must be led by the Deputy Chief Inspector of the provincial labor inspection agency or the Deputy Chief Inspector of the Ministry of Labor, War Invalids and Social Affairs, and their results must be reported to the Minister of Labor, War Invalids and Social Affairs along with recommendations.

XI- RESOLUTION OF LABOR DISPUTES

1. Procedure for resolution:

a. Complaints:

Both the enterprise's General Director and workers have the right to submit complaints regarding labor relations to competent state agencies and request resolution.

Initially, these complaints must be presented to the local Department of Labor, War Invalids and Social Affairs. Only after the Department has resolved the complaint and the party concerned deems it unsatisfactory can the complaint be escalated to the Ministry of Labor, War Invalids and Social Affairs.

The Department of Labor, War Invalids and Social Affairs is responsible for transferring the complaint case file, along with documentation on the unsatisfactory resolution of the complaint, to the Ministry of Labor, War Invalids and Social Affairs.

The party concerned may directly present the complaint to the Ministry of Labor, War Invalids and Social Affairs provided they have a written resolution from the Department level and relevant documents.

b. Mediation and Arbitration:

When there is a labor dispute, the enterprise's General Director, workers, and the enterprise's trade union (or worker representatives) must negotiate to resolve the issue within seven days from the date one party raises the disagreement.

If negotiations fail, the dispute will be mediated according to the following procedure:

Mediation will be conducted by the Department of Labor, War Invalids and Social Affairs as intermediary within seven days from the date the Department receives a mediation request from either party.

The Department of Labor, War Invalids and Social Affairs may establish an arbitration board and organize the examination of the dispute within ten days from receiving a request from either party.

Both parties may jointly propose an individual to act as mediator or request the Minister of Labor, War Invalids and Social Affairs to appoint an arbitrator, agreeing to abide by the arbitrator's conclusion. The selection and resolution process must be completed within fifteen days from the time both parties agree on the mediator. The disputing parties have the right to choose one of the above mediation methods without following the prescribed order.

Only after applying the steps mentioned above and obtaining unsatisfactory results, the parties may submit the dispute to the Ministry of Labor, War Invalids and Social Affairs for resolution.

Within twenty days from receiving the dispute case file, the Ministry will issue conclusions on the dispute.

However, if the results are still unsatisfactory, the parties may request the People's Court to adjudicate.

c. The mediation and arbitration steps mentioned above need to be agreed upon and recorded in the collective labor agreement by the enterprise's General Director and the workforce.

XII. IMPLEMENTATION PROVISIONS

This Circular takes effect from the date of signing. All previous regulations of ministries, sectors, localities, and agreements of the Ministry of Labor, War Invalids and Social Affairs that conflict with this Labor Regulation and this Circular are hereby abolished.

Heads of relevant ministries and sectors, Chairpersons of Provincial People's Committees, heads of units under the Ministry of Labor, War Invalids and Social Affairs, Directors of Departments of Labor, War Invalids and Social Affairs, and Directors and workers of foreign-invested enterprises shall implement this Labor Regulation and the detailed provisions set forth in this Circular.

Any difficulties encountered during implementation should be promptly reported to the Ministry of Labor, War Invalids and Social Affairs for study and resolution.

 

ANNEX A

SAMPLE LABOR CONTRACT

(Annexed to Circular No. 19-LDTBXH/TT dated December 31, 1990, issued by the Ministry of Labor, War Invalids and Social Affairs, guiding the implementation of the Labor Regulations for enterprises with foreign investment).

We:

One party is: Mr./Ms.

Year of Birth: Nationality:

Position:

Representing (enterprise - company):

And the other party is Mr./Ms.:

Year of Birth: Nationality:

Educational Level:

Occupation:

Place of residence:

Identity Card (or Workbook) Number:

Agree to enter into a labor contract containing the following terms:

Article 1. - Mr./Ms.:

Will work for (enterprise, company)

In the form of (specify whether it is an indefinite-term contract, a fixed-term contract, or a contract for a specific task):

At the location: (details - including anticipated range of movement):

.................................................................... ...................................................

Means of transportation to work (from residence to the enterprise and vice versa, provided by the enterprise or self-provided):

Position and role to be undertaken:

Base salary (in figures and words, type of currency):

.............................................................. ...............................

Allowances include:

................................................................................................

Article 2. - Mr./Ms.:

Will work under the schedule (normal, special):

Annual paid leave includes:

.........................................................................................................................

Will be provided with necessary equipment for work such as:

..........................................................................................................................

...and must be responsible (or not responsible) for maintaining and preserving those assets if they are:

Lost

Damaged

Personal protective equipment while working includes:

Article 3. - Mr./Ms. ...

Shall be directly supervised in his/her work by:

(specify supervisor's position):

.................................................................................................................

Additionally, follow instructions from: Mr./Ms.

.........................................................................................................................

Article 4. - Mr./Ms.:...

Obligations:

...........

Article 5. - Mr./Ms.:...rights:

Request to renegotiate one or all of the contents already stated in this contract (through direct management, worker representative, or trade union representative, directly with the Director).

Entitled to (benefits) including: and to be (awarded bonuses, salary increments, allowances)

.......................................................................

Terminate the labor contract when:

.....................

but must notify (the factory, company) in advance for a period of:

If not adhering to the advance notice period, you may be (liable for compensation, reduction in bonuses):

Article 6. - Factory (Company)

has the obligation to:

.....................

and has the right to:

.....................

Article 7. - This contract shall take effect from the date ... until the date ...

Article 8. - This contract is made in two copies (02):

One copy kept by Mr. (Mrs.) ...

One copy retained at the factory (company)

Prepared at:

Prepared by Accountant Director

||| ANNEX B

LIST OF OCCUPATIONS AND JOBS WITH HEAVY, DANGEROUS, AND TOXIC CONDITIONS

(Annexed to Circular No. 19-LDTBHXH/TT dated December 31, 1990 of the Ministry of Labor

- Invalids and Social Affairs).

1. Melting and pouring molten metal,

2. Rolling hot metal,

3. Smelting colored metal ores (copper, lead, mercury, zinc, silver),

4. Rolling, drawing lead products, lead-coated products,

5. Operating coke ovens, breaking molds,

6. Cleaning boilers, gas pipes,

7. Welding lead batteries, welding in sealed containers, welding at heights over 10 meters,

8. All work involving exposure to open radioactive sources,

9. Producing, packaging, or frequently exposed to aniline,

10. Producing phosphorus, arsenic, and arsenic compounds,

11. Packaging production and frequent exposure to gasoline, paint, ink containing lead,

12. Frequent exposure to manganese, dioxide, mercury,

13. Operating sulfuric acid roasting furnaces, absorption, washing purification gas operation pumps, electrostatic dust removal, slag disposal (in sulfuric acid production),

14. Producing nitric acid and sodium sulfate,

15. Producing carbon disulfide,

16. Producing hydrogen,

17. Distilling, bottling benzene and its homologues,

18. Electrolyzing chlorine, liquefying chlorine, bottling chlorine, processing chlorine (in hydrochloric acid production),

19. Operating open oil refining furnaces, manually grinding oil,

20. Regenerating lead, melting lead alloys, casting lead balls, casting lead blocks, mixing and applying high-temperature paste (in battery production),

21. Producing, packaging, or frequently exposed to strong toxic substances such as:

Arsenic and arsenic salts,

Zinc phenate, aluminum phenate, hydrogen phenate,

Hydrofluoric acid, hydrochloric acid, hydrocyanic acid and cyanide salts,

Chloropicrin,

Nitrobenzene,

Organic mercury (stibine, selenomethane...),

Organophosphorus (ethylparathion, methylparathion...),

Organochlorine (various DDT, various 666...),

Repairing chemical equipment such as: repairing furnaces, tanks, enclosed towers, underground pipelines,

28. Compounding, weighing, screening chemicals in rubber production,

29. Vulcanizing, forming, loading large rubber products such as: drums, fuel tanks, car tires...

30. Working in rubber smokehouses,

31. Tunneling, shaft digging,

32. All work in mines including transportation,

33. Drilling exploration, blasting, shooting explosives,

34. Grinding, compounding ore and raw materials under conditions where silica dust exceeds 10%,

35. Lead ore beneficiation,

36. Extracting various types of radioactive ores,

37. Installing drilling platforms,

38. Drilling oil and gas wells,

39. Working on offshore drilling equipment,

40. Oil and gas divers,

41. Helicopter pilots for drilling platforms,

42. Repairing lead-coated cable, soldering lead boxes,

43. High-voltage power line repair, erecting high-voltage poles,

44. Constructing, repairing submarine communication cables,

45. Mixing chlorine,

46. Frequently handling hypochlorites,

47. Frequently mixing aniline dyes,

48. Glass melting, mouth-blowing glass,

49. Chromium plating, cyanide plating,

50. Operating phenol resin kettle, pressing phenolic plastic sheets,

51. Operating textile fiber looms,

52. Applying photographic emulsion paper,

53. Tanning, salting hides,

54. Removing live hides,

55. Pressing large, hard leather sheets,

56. Working in tobacco fermentation vats,

57. Paraffin coating in wine tanks,

58. Packing milk in closed rooms,

59. Painting, rust removal in beer fermentation tanks,

60. Soaking, removing rotten powder,

61. Working in submerged tanks,

62. Aligning large panels,

63. Well digging,

64. Levering rocks on mountains,

65. Using hand-held pneumatic tools with pressure exceeding 4 atmospheres (such as drills, hammers...),

66. Loading heavy loads onto cranes,

67. Operating heavy construction machinery with power greater than 36 horsepower such as excavators, bulldozers, tracked vehicles,

68. Operating steam locomotive boilers,

69. Operating trains,

70. Cleaning boilers,

71. Painting, welding, rust removal in enclosed spaces,

72. Soaking defective parts,

73. Carrying loads over 50 kg,

74. Operating boilers on ships,

75. Operating steam boilers,

76. Operating floating cranes,

77. Shoveling coal in ship holds,

78. Rolling, forging, fitting ship hulls,

79. Pouring concrete underwater,

80. River surveying,

81. Operating mud suction boats,

82. Divers,

83. Driving trucks with a load capacity over 2.5 tons,

84. Melting lead, pouring and finishing lead type casting,

85. Acid washing deep engraving molds,

86. Fishing, shrimp catching, and other sea products on the ocean,

87. Feather processing,

88. Herding cattle and buffalo on high mountains,

89. Buying and transporting cattle and buffalo,

90. Operating agricultural tractors with power of 50 horsepower or more,

91. Cutting down large trees,

92. Transporting large timber,

93. Selling, stacking large timber manually,

94. Floating logs downstream on rivers with rapids,

95. Manually sawing large timber,

96. Diving to retrieve sunken wood,

97. Receiving, storing oil in caves,

98. Operating oil pumps in caves,

99. Measuring oil in caves,

100. Cleaning underground sewers,

101. Immersing oneself in dirty, foul-smelling water,

102. Performing autopsies, embalming, burying the dead, exhuming graves./.

99. Measuring fuel in underground storage tanks,

100. Cleaning underground sewers,

Immersing oneself in foul-smelling dirty water,

Performing autopsies, embalming, burying the deceased, exhuming graves./.