Amendment and supplementation to 10 Circulars providing guidelines on labor, wages, remuneration, and bonuses in Vietnam from December 29, 2024
Amendment and supplementation to 10 Circulars providing guidelines on labor, wages, remuneration, and bonuses in Vietnam from December 29, 2024
On November 14, 2024, the Minister of Labor, War Invalids and Social Affairs of Vietnam issued Circular 12/2024/TT-BLDTBXH which amends 10 Circulars providing guidance on the management of labor, wages, remuneration, and bonuses for the Vietnam Deposit Insurance, Vietnam Asset Management Company for Credit Institutions, Vietnam Television, Local Development Investment Fund, State Capital Investment and Trading Corporation, Credit Guarantee Fund for Small and Medium Enterprises, Small and Medium Enterprise Development Fund, National Technology Innovation Fund, Cooperative Development Support Fund and the management of labor, wages, remuneration, and bonuses for the limited liability company of Vietnam Debt and Asset Trading Corporation.
The amendment and supplementation apply to the 10 following Circulars:
(1) Circular 32/2016/TT-BLDTBXH providing guidance on the management of labor, wages, remuneration, and bonuses for the Vietnam Deposit Insurance
(2) Circular 37/2016/TT-BLDTBXH providing guidance on the management of labor, wages, remuneration, and bonuses in the Vietnam Asset Management Company for Credit Institutions
(3) Circular 34/2016/TT-BLDTBXH providing guidance on the management of labor, wages for the Vietnam Television
(4) Circular 45/2016/TT-BLDTBXH providing guidance on the management of labor, wages, remuneration, and bonuses for the Local Development Investment Fund
(5) Circular 16/2018/TT-BLDTBXH providing guidance on the management of labor, wages, remuneration, and bonuses for employees and managers of the State Capital Investment and Trading Corporation
(6) Circular 04/2019/TT-BLDTBXH providing guidance on the management of labor, wages, remuneration, and bonuses for the Credit Guarantee Fund for Small and Medium Enterprises
(7) Circular 34/2019/TT-BLDTBXH providing guidance on the management of labor, wages, remuneration, and bonuses for the Small and Medium Enterprise Development Fund
(8) Circular 12/2022/TT-BLDTBXH providing guidance on the management of labor, wages, remuneration, and bonuses for the National Technology Innovation Fund
(9) Circular 13/2022/TT-BLDTBXH providing guidance on the management of labor, wages, remuneration, and bonuses for the Cooperative Development Support Fund
(10) Circular 12/2024/TT-BLDTBXH also provides guidance on the management of labor, wages, remuneration, and bonuses for the one-member limited liability company of Vietnam Debt and Asset Trading Corporation (DATC) in Circular 26/2016/TT-BLDTBXH
Amendment and supplementation to 10 Circulars providing guidelines on labor, wages, remuneration, and bonuses in Vietnam from December 29, 2024 (Image from the Internet)
What are rights and obligations of employees in Vietnam?
Based on Article 5 of the Labor Code 2019, the rights and obligations of employees are stipulated as follows:
- Employees have the following rights:
+ Work; freedom to choose employment, workplace, occupation, apprenticeship, and to improve professional skills; not be discriminated against, forced into labor, or sexually harassed at the workplace;
+ Receive wages corresponding to professional levels and skills on the basis of agreement with the employer; be assured of labor safety and hygiene; have paid leave according to policies, annual leave with pay, and enjoy collective welfare;
+ Establish, join, and operate within a labor representation organization, professional organization, and other organizations according to the law; request and participate in dialogue, implement democratic regulation, participate in collective bargaining with employers, and be consulted at the workplace to protect their legitimate rights and interests; participate in management according to the employer's internal regulations;
+ Refuse to work if there is a clear risk directly threatening life or health during job performance;
+ Unilaterally terminate the employment contract;
+ Strike;
+ Other rights as prescribed by law.
- Employees have the following obligations:
+ Perform the employment contract, collective labor agreement, and other lawful agreements;
+ Comply with labor discipline, labor regulations; follow the management, operation, and supervision of the employer;
+ Implement the provisions of law on labor, employment, vocational education, social insurance, health insurance, unemployment insurance, and labor safety and hygiene.
What are types of employment contracts in Vietnam?
According to Article 12 of the Labor Code 2019, the types of employment contracts are as follows:
Article 20. Types of employment contracts
- A employment contract must be concluded in one of the following types:
a) An indefinite-term employment contract is one in which the two parties do not determine the term or time of termination of the contract's validity;
b) A definite-term employment contract is one in which the two parties determine the term and the time of termination of the contract's validity within a period not exceeding 36 months from the effective date of the contract.
- When the definite-term employment contract mentioned at point b of clause 1 of this Article expires, and the employee continues to work, it shall be performed as follows:
a) Within 30 days from the date the employment contract expires, the two parties must sign a new employment contract; during the time of not yet signing a new employment contract, the rights, obligations, and interests of the two parties shall be implemented according to the concluded contract;
[...]
There are 02 types of employment contracts, including:
[1] An indefinite-term employment contract is one in which the two parties do not determine the term or time of termination of the contract's validity
[2] A definite-term employment contract is one in which the two parties determine the term and the time of termination of the contract's validity within a period not exceeding 36 months from the effective date of the contract
