Vietnam: What is the Labor Code applied in 2024? What are the latest legislative documents guiding the Labor Code 2019?
What is the Labor Code applied in 2024 in Vietnam?
On November 20, 2019, the National Assembly of Vietnam issued the Labor Code 2019.
Up to now, there has not been any information or document or draft on the issuance of a legislative document to replace the Labor Code 2019.
Therefore, in 2024, the Labor Code 2019 will still be in effect and continue to be applied until there is a replacement document.
Under Articles 1 and 2 of the Labor Code 2019, the regulated entities and scope of application of the Labor Code 2019 are specified as follows:
Scope
The Labor Code sets forth labor standards; rights, obligations and responsibilities of employees, employers, internal representative organizations of employees, representative organizations of employers in labor relations and other relations directly related to labor relations; and state management of labor.
Regulated entities
- Employees, trainees, apprentices and other workers without labor relations.
- Employers.
- Foreign employees who work in Vietnam.
- Other organizations and individuals directly related to labor relations.
What are the latest legislative documents guiding the Labor Code 2019 in Vietnam?
The latest legislative documents guiding the Labor Code 2019 in Vietnam are specified as follows:
(1) Circular 20/2023/TT-BCT on working hours and rest periods of offshore petroleum workers issued by the Minister of Industry and Trade
(2) Decree 70/2023/ND-CP on amendments Decree 152/2020/ND-CP on foreign workers working in Vietnam, and recruitment and management of Vietnamese workers working for foreign employers in Vietnam
(3) Circular 09/2023/TT-BYT amendments to some Articles of Circular No. 14/2013/TT-BYT on guidance on health checkups
(4) Decree 83/2022/ND-CP on retirement at older ages for officials holding leadership and management positions
(5) Decree 12/2022/ND-CP on Penalties for administrative violations against regulations on labour, social insurance, and Vietnamese guest workers
(6) Decree 38/2022/ND-CP on prescribing statutory minimum wages paid to employees working under employment contracts
(7) Circular 19/2021/TT-BLDTBXH on promulgating list of extremely disadvantaged areas as basis for determination of eligibility for retirement before normal retirement age under normal working conditions
(8) Circular 04/2021/TT-BCT on working hours and resting hours of workers working in underground mines
(9) Decree 152/2020/ND-CP on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam
(10) Decree 145/2020/ND-CP on elaboration of some Articles of the Labor Code on working conditions and labor relations
(11) Decree 135/2020/ND-CP on retirement age
(12) Circular 10/2020/TT-BLDTBXH on elaborating and guiding certain articles of the Labor Code concerning employment contracts, collective bargaining council and jobs with hazards to reproductive function and children raising issued by the Ministry of Labor, War Invalids and Social Affairs
(13) Circular 09/2020/TT-BLDTBXH elaborating some Articles of the Labor Code on minor workers issued by the Ministry of Labor, War Invalids and Social Affairs
What are the rights and obligations of employees in Vietnam?
Under the provisions of Article 5 of the Labor Code 2019:
Rights and obligations of employees
1. An employee has the rights to:
a) work; freely choose an occupation, workplace or occupation; participate in basic and advanced occupational training; develop professional skills; suffer no discrimination, forced labor and sexual harassment in the workplace;
b) receive a salary commensurate with his/her occupational skills on the basis of an agreement with the employer; be provided with personal protective equipment and work in an occupationally safe and healthy environment; take statutory sick leaves, annual paid leaves and receive collective welfare benefits;
c) establish, join an representative organization of employees, occupational associations and other organizations in accordance with law; request and participate in dialogues with the employer, implementation of democracy regulations and collective bargaining with the employer; receive consultancy at the workplace to protect his/her legitimate rights and interests; participate in management activities according to the employer’s regulations;
d) refuse to work if he/she finds that the work directly threatens his/her life or health;
dd) unilaterally terminate the employment contract;
e) go on strike;
g) exercise other rights prescribed by law.
2. An employee has the obligations to:
a) implement the employment contract, collective bargaining agreement and other lawful agreements;
c) obey internal labor regulations, the lawful management, administration and supervision by the employer;
c) implement regulations of laws on labor, employments, vocational education, social insurance, health insurance, unemployment insurance, occupational safety and health.
Thus, the rights and obligations of employees in Vietnam are specified above.
LawNet