Decree No. 27/2014/NĐ-CP detailing implementation of certain provisions of the Labor Code concerning domestic workers

DECREE

Detailed regulations on certain provisions of the Labor Code regarding foreign workers working in Vietnam

on domestic workers

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

Based on the Labor Code dated June 18, 2012;

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree to provide detailed regulations for implementation of certain provisions of the Labor Code concerning domestic workers.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates certain rights, obligations, responsibilities of employers, domestic workers, agencies, organizations, and individuals related to the performance of labor contracts, wages, social insurance, health insurance, working hours, rest periods, occupational safety and hygiene, labor discipline, material responsibility, and resolution of labor disputes as prescribed by the Labor Code.

Article 2. Applicability

1. Domestic worker as defined in Clause 1, Article 179 of the Labor Code.

2. Employer who hires and uses domestic workers under a labor contract.

3. Agencies, organizations, and individuals related to the implementation of the provisions of this Decree.

This Decree does not apply to Vietnamese domestic workers working abroad.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Domestic worker as defined in Clause 1, Article 179 of the Labor Code (hereinafter referred to collectively as the worker), including: Workers living in the employer's household; workers not living in the employer's household.

2. Other work within the household but not related to commercial activities as defined in Clause 1, Article 179 of the Labor Code, including tasks such as cooking for members of the household without selling food; growing vegetables, fruits, ornamental plants, raising livestock and poultry for the household's daily needs without selling or exchanging goods; cleaning houses, gardens, protecting the household's property without being factories, shops, offices, production bases; driving to pick up and drop off members of the household or transporting household items without transporting members of the household to participate in production and business, transporting goods and raw materials for production and business; accompanying members of the household in studying; washing clothes and bedding for members of the household without operating a laundry business or washing protective clothing for hired workers engaged in production and business of the household; other tasks serving the life and daily needs of the household and its members that do not directly or contribute to generating income for the household or individuals within the household.

3. Regularly performing household tasks refers to tasks in the labor contract that are repeated at regular intervals (hourly, daily, weekly, or monthly).

4. Employer is a household or multiple households that hire and use domestic workers under a labor contract.

Chapter II
LABOR CONTRACTS

Article 4. Parties to the Labor Contract

1. The party to the labor contract on behalf of the employer shall be one of the following persons:

a) Household head;

b) A person authorized by the household head or heads;

c) A person authorized by members of the household or households.

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

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

b) A worker aged 15 years or older but under 18 years old and with the written consent of the worker's legal representative.

Article 5. Signing of Labor Contracts

1. When signing a labor contract with a worker who cannot read or write, the employer must read out the entire content of the labor contract for the worker to hear and agree on its contents before signing the labor contract; if necessary, the worker may request the employer to invite a third party who is not a member of the household to witness the signing of the labor contract.

2. In cases where the employer hires multiple domestic workers, the employer shall sign individual labor contracts with each worker.

3. The labor contract shall be made in at least two copies, one copy retained by the employer and one copy by the worker.

4. Within ten days from the date of signing the labor contract, the employer shall notify the People's Committee of the commune, ward, or town where the worker is working about the employment of domestic workers.

Article 6. Provision of Information Before Signing a Labor Contract

1. The employer must provide the worker with the following essential information:

a) Information as prescribed in Clause 1, Article 19 of the Labor Code;

b) Living conditions of the worker, characteristics of family members, and household activities or households.

2. The worker must provide the employer with the following essential information:

a) Information as prescribed in Clause 2, Article 19 of the Labor Code;

b) Identity card number, place and date of issuance, permanent residence registration, family circumstances; name and address of the person to contact when necessary.

Article 7. Contents of the Labor Contract

The labor contract shall include the following main contents:

1. Contents as prescribed in Clause 1, Article 23 of the Labor Code;

2. Living conditions of the worker (if applicable);

3. Travel expenses to return to the place of residence upon termination of the labor contract at the end of the term;

4. Time and level of support costs for the worker to study culture and vocational training (if applicable);

5. Liability for compensation for damage caused by the destruction of tools, equipment, or other actions causing property damage to the employer;

6. Prohibited acts for each party.

Article 8. Probationary Period

1. The employer and the worker may agree on a probationary period, rights, and obligations of both parties during the probationary period and the conclusion of the probationary period according to Articles 26, 28, and 29 of the Labor Code.

2. The probationary period shall not exceed six working days.

Article 9. Suspension of Execution of Labor Contracts

1. The employer and the worker may agree to suspend the execution of the labor contract according to Clauses 4 and 5, Article 32 of the Labor Code.

2. Upon expiration of the suspension period of the labor contract, the worker must be present at the workplace, except in cases where both parties have agreed otherwise. Upon expiration of the suspension period of the labor contract, the employer must resume the worker’s employment.

3. After the suspension period of the labor contract or the period agreed upon by both parties according to Clause 2 of this Article, if the worker is absent, the employer has the right to unilaterally terminate the labor contract.

Article 10. Cases for terminating labor contracts

1. Expiration of the term of the labor contract.

2. Completion of work as stipulated in the labor contract.

3. Mutual agreement to terminate the labor contract.

4. Death of the worker.

5. Death of the employer who is an individual.

6. Unilateral termination of the labor contract by either the employer or the worker.

Article 11. Advance notice period for unilateral termination of labor contracts by workers

1. Provide 15 days' advance notice when unilaterally terminating the labor contract, except in cases provided for in Clause 2 and Clause 3 of this Article.

2. Provide at least 3 days' advance notice when unilaterally terminating the labor contract in the following cases:

a) Not being assigned to work according to the job and workplace specified in the labor contract;

b) Not receiving full wages or timely payment of wages as stipulated in the labor contract, except where both parties have agreed otherwise;

c) Not being provided with clean and hygienic accommodation as stipulated in the labor contract;

d) Being ill or injured and unable to continue working.

3. No need to provide advance notice when unilaterally terminating the labor contract in the following case:

a) Being subjected to abuse, defamation, violation of dignity and personality, sexual harassment, use of force, or forced labor by the employer or members of the employer's household;

b) Discovering that working conditions pose a risk of accidents or threats to health and safety, having reported this to the employer but not remedied;

c) Due to natural disasters, fires, or other force majeure reasons, the worker has taken all measures to remedy the situation but cannot continue to perform the labor contract.

Article 12. Advance notice period for unilateral termination of labor contracts by employers

1. Provide 15 days' advance notice when unilaterally terminating the labor contract, except in cases provided for in Clause 2 and Clause 3 of this Article.

2. Provide at least 3 days' advance notice when unilaterally terminating the labor contract in the following cases:

a) The worker violates prohibited acts in the labor contract, except in the case provided for in Point a Clause 3 of this Article;

b) The worker has been ill or injured and has been continuously treated for 30 days.

3. No need to provide advance notice when unilaterally terminating the labor contract in the following cases:

a) The worker engages in theft, gambling, intentionally causing injury to members of the employer's household or other workers, using addictive substances, or engaging in prostitution;

b) The worker engages in abuse, defamation, violation of dignity and personality, sexual harassment, coercion, or use of force against the employer or members of the employer's household;

c) Due to natural disasters, fires, or other force majeure reasons, the employer has taken all measures to remedy the situation but cannot continue to perform the labor contract.

Article 13. Responsibilities of employers and workers when terminating labor contracts

1. When the labor contract terminates as prescribed in Article 10 of this Decree, the employer and the worker shall be responsible for settling all amounts related to the rights and interests of each party in the labor contract. In special cases agreed upon by both parties, but not exceeding 7 working days from the date of termination of the labor contract.

2. When the labor contract terminates as prescribed in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5 of Article 10 and unilaterally terminates the labor contract as prescribed in Article 11, Clause 1, Point b Clause 2, Point c Clause 3 of Article 12 of this Decree, the employer shall be responsible for paying severance pay to the worker in accordance with Article 48 of the Labor Code.

3. Within 10 days from the date of termination of the labor contract, the employer shall be responsible for notifying the People's Committee of the commune, ward, town where the worker works about the termination of the labor contract.

Article 14. Cultural and Vocational Training for Workers

1. The employer shall arrange time for workers to participate in cultural and vocational training upon request from the workers.

2. The specific time for workers to participate in cultural and vocational training shall be agreed upon by both parties in the labor contract.

Chapter III
WAGES, SOCIAL INSURANCE, HEALTH INSURANCE

Article 15. Wages, Payment Methods, and Payment Periods

1. The wage level shall be agreed upon by both parties and recorded in the labor contract. The wage level (including living expenses such as food and accommodation if the worker resides with the employer) must not be lower than the minimum regional wage set by the Government. The employer and the worker may agree on monthly living expenses (if applicable), but they must not exceed 50% of the wage level stipulated in the labor contract.

2. The payment method and period shall be agreed upon by both parties. In cases where wages are paid through a bank account, the employer shall create conditions for the worker to open a bank account. Any fees related to opening and maintaining the account shall be agreed upon by both parties. The employer shall not charge fees for transferring wages into the worker's bank account.

3. If the employer requires the worker to work outside the hours specified in the labor contract, including working on holidays or days off with pay, the employer shall pay overtime wages according to Article 97 of the Labor Code.

Article 16. Wages During Work Stoppage

1. The employer shall be responsible for paying full wages to the worker when the worker is required to stop work due to the employer’s fault, except where both parties have agreed otherwise.

2. The employer shall not be required to pay wages to the worker when the worker is required to stop work without the employer’s fault, except where both parties have agreed otherwise.

Article 17. Wage Deductions

1. The employer may only deduct wages from the worker to compensate for damages caused by the destruction of tools, equipment, or loss of property belonging to the employer, as stipulated in the labor contract.

2. The monthly deduction rate shall be agreed upon by both parties but shall not exceed 30% of the worker’s monthly wage if the worker does not reside with the employer; it shall not exceed 60% of the remaining wage after deducting monthly living expenses (if applicable) if the worker resides with the employer.

3. When deducting wages, the employer shall inform the worker.

Article 18. Bonuses

Annually, based on the worker’s performance and the household’s economic capacity, the employer shall award bonuses to the worker.

Article 19. Social Insurance and Health Insurance

The employer shall be responsible for additionally paying an amount equivalent to the mandatory social insurance and health insurance contributions that the employer is required to make under the laws on social insurance and health insurance, concurrently with the wage payment period, so that the worker can manage their own insurance coverage.

Article 20. Obligations of the Employer when the Employee is Sick or Ill

1. In cases where the employee lives with the employer's family and falls ill, the employer shall create conditions for the employee to rest, undergo medical examination, and receive treatment. The cost of medical examination and treatment shall be borne by the employee, except in cases where both parties have agreed otherwise.

2. The employer is not required to pay wages for days when the employee is absent from work due to illness.

Chapter IV
WORKING HOURS AND REST PERIODS

Article 21. Working Hours and Rest Periods for Employees Living with the Employer's Family

1. Working hours and rest periods shall be agreed upon by both parties, but the employee must be granted at least eight hours of rest, including six consecutive hours within a twenty-four hour period.

2. Working hours for employees under eighteen years old, but over fifteen years old, shall comply with the provisions set forth in Clause 2, Article 163 of the Labor Code.

Article 22. Weekly Rest

Each week, the employee shall be granted at least twenty-four consecutive hours of rest. In cases where this cannot be arranged, the employer shall ensure that the employee receives at least four days of rest on average per month. The time of rest shall be agreed upon by both parties.

Article 23. Annual Leave, Holidays, and Festivals

1. An employee who has worked for twelve months for an employer shall be entitled to twelve working days of annual leave with full pay. The time of leave shall be agreed upon by both parties. The employee may agree with the employer to take annual leave in multiple sessions or combine up to three years' leave into one session.

2. During holidays and festivals as stipulated in Article 115 of the Labor Code, the employee shall be entitled to paid leave.

3. When taking annual leave, the employee shall be advanced an amount of money equivalent to at least their salary for the days of leave.

Chapter V
LABOR SAFETY AND HEALTH

Article 24. Labor Safety and Health

1. The employer shall be responsible for guiding the use of equipment, machinery, and tools related to the employee's work, as well as fire prevention measures; providing personal protective equipment for the employee during work.

2. The employee shall be responsible for complying with the guidance on the use of equipment, machinery, and tools, as well as fire prevention measures; ensuring environmental hygiene requirements in the household and residential area.

3. Annually, the employer shall arrange for the employee to undergo regular health check-ups. If necessary, the employer may require the employee to undergo a health check-up. The cost of health check-ups shall be borne by the employer, except in cases where both parties have agreed otherwise.

Article 25. Obligations of the Employer when the Employee Suffers a Work-related Accident

1. When an employee suffers a work-related accident, the employer shall fulfill the following responsibilities:

a) Provide prompt first aid and thorough treatment;

b) Inform the employee's relatives;

c) Fulfill the obligations of the employer as prescribed in Article 144 of the Labor Code;

d) Report and cooperate with competent authorities to investigate the work-related accident according to the law.

2. The employer shall not unilaterally terminate the labor contract with an employee who has suffered a work-related accident during the treatment period, except in cases provided for in Point b, Clause 2, Decree 249/2025/NĐ-CP.

Chapter VI
DISCIPLINARY ACTION IN LABOR, MATERIAL LIABILITY,
SETTLEMENT OF LABOR DISPUTES

Article 26. Labor Discipline and Material Liability

1. When an employee commits acts violating the contents of the labor contract but does not fall under the circumstances prescribed in Clause 2 and Clause 3 of Article 12 of this Decree, the employer shall impose disciplinary action in the form of reprimand; if the employee repeats the violation, depending on the extent of the violation, the employer may terminate the labor contract in accordance with the provisions of Clause 1 of Article 12 of this Decree.

2. An employee who damages tools, equipment, or engages in other acts causing property damage to the employer must compensate according to the provisions of Article 130 of the Labor Code, except where both parties have agreed otherwise.

Article 27. Resolution of Labor Disputes

When a labor dispute arises between the employer and the employee or between the employee and a member of the household, both the employer and the employee shall negotiate and resolve the dispute. If one of the two parties does not reach an agreement, either party may request a labor mediator or the Court to resolve individual labor disputes in accordance with the provisions of Article 201 of the Labor Code.

Chapter VII
IMPLEMENTING PROVISIONS

Article 28. Effective Date

1. This Decree takes effect from May 25, 2014.

2. Matters not provided for in this Decree shall be implemented in accordance with the provisions of the Labor Code and other guiding documents.

3. Employers currently hiring domestic workers before the date this Decree takes effect shall, based on the provisions of this Decree, agree with employees to amend, supplement the labor contract or sign a new labor contract and notify the People's Committee of the commune, ward, town where the employee works in accordance with this Decree.

Article 29. Responsibility for Implementation

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

2. The People's Committee of the commune, ward, town shall be responsible for receiving notifications of the employment of domestic workers and termination of labor contracts; supporting the resolution of labor disputes when requested by the employee or employer; receiving and resolving complaints from employees when employers engage in abusive behavior, sexual harassment, forced labor, or other acts that violate the law; compiling and reporting on the implementation of labor laws concerning domestic workers in their jurisdiction.

3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial and centrally-run city People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Decree./.