What are details of the newest Labor Code and its guiding documents in Vietnam in 2024?

What are details of the newest Labor Code and its guiding documents in Vietnam in 2024?

On November 20, 2019, the National Assembly issued the Labor Code 2019 defining labor standards; rights, obligations, and responsibilities of employees, employers, labor representative organizations at the grassroots level, and employer representative organizations in labor relations and other relations directly related to labor; state management of labor.

The Labor Code 2019 which came into effect on January 1, 2021, consists of 220 Articles and 17 Chapters. Thus, the latest Labor Code of 2024 is the Labor Code 2019 and will be used until a replacement document is issued.

Currently, the Labor Code 2019 has 16 guiding documents in effect in Vietnam as of October 14, 2024, and will continue to be updated if necessary:

[1] Decree 99/2024/ND-CP amending Point p Clause 1 Article 2 of Decree 83/2022/ND-CP regarding retirement at an older age for officials holding leadership and management positions

[2] Decree 74/2024/ND-CP stipulating the minimum wage for employees working under employment contracts

[3] Circular 20/2023/TT-BCT regulating working hours and rest periods for workers doing special jobs in the field of offshore oil and gas exploration and extraction

[4] Decree 70/2023/ND-CP amending Decree 152/2020/ND-CP regarding foreign workers working in Vietnam and the recruitment, management of Vietnamese workers working for foreign organizations and individuals in Vietnam

[5] Decree 83/2022/ND-CP regulating retirement at an older age for officials holding leadership and management positions

[6] Circular 12/2022/TT-BCT regulating working hours and rest periods for workers operating, maintaining, and repairing gas distribution pipeline systems and gas works

[7] Resolution 19/NQ-CP of 2022 on the national program on occupational safety and hygiene for the period 2021-2025

[8] Decree 12/2022/ND-CP concerning administrative sanctions in labor, social insurance, Vietnamese workers working abroad under contracts

[9] Circular 19/2021/TT-BLDTBXH regarding the list of areas with particularly challenging socio-economic conditions as a basis for determining cases eligible for early retirement in conditions unlike those in normal employment

[10] Circular 04/2021/TT-BCT regulating working hours and rest periods for workers engaged in underground jobs

[11] Decision 449/QD-TTg of 2021 on establishing the National Wage Council

[12] Decree 152/2020/ND-CP about foreign workers in Vietnam and the recruitment, management of Vietnamese workers employed by foreign organizations, individuals in Vietnam

[13] Decree 145/2020/ND-CP guiding the Labor Code on working conditions and labor relations

[14] Decree 135/2020/ND-CP regulating retirement age

[15] Circular 10/2020/TT-BLDTBXH guiding the Labor Code on contents of employment contracts, the Council for Collective Bargaining and professions, jobs that adversely affect reproductive functions and child-rearing

[16] Circular 09/2020/TT-BLDTBXH guiding the Labor Code on juvenile workers

What are details of the newest Labor Code and its guiding documents in Vietnam in 2024? (Image from the Internet)

What are the essential contents an employment contract must include?

Based on Article 21 of the Labor Code 2019 stipulating the contents of an employment contract in Vietnam:

Article 21. Contents of an employment contract

1. an employment contract must include the following essential contents:

a) Name, address of the employer and full name, title of the person entering into the employment contract on the employer's side;

b) Full name, date of birth, gender, residence, ID card number, Citizen ID, or passport of the person entering into the employment contract on the employee’s side;

c) Job and workplace;

d) Term of the labor contract;

dd) Salary according to job or title, form of salary payment, salary payment term, allowances, and other supplements;

[...]

Thus, an employment contract must include the following essential contents:

- Name, address of the employer, and full name, title of the person entering into the employment contract on the employer's side

- Full name, date of birth, gender, residence, ID card number, Citizen ID, or passport of the person entering into the employment contract on the employee’s side

- Job and workplace

- Term of the employment contract

- Salary according to job or title, form of salary payment, salary payment term, allowances, and other supplements

- Pay grade, salary increase regime

- Working hours, rest periods

- Labor protection equipment for workers

- Social insurance, health insurance, and unemployment insurance

- Training, further education, improving professional skills

What rights do employees in Vietnam have?

Based on Article 5 of the Labor Code 2015 stipulating that employees in Vietnam have the following rights:

- Work; freely choose employment, workplace, occupation, vocational training, and enhance professional skills; not to be discriminated against, forced labor, sexually harassed at the workplace

- Receive wages commensurate with their professional skills and upon agreement with the employer; be provided with labor protection, work under safe and hygienic conditions; entitled to leave policies, annual paid leave, and collective welfare

- Establish, join, and work in labor representation organizations, professional organizations, and other organizations as prescribed by law; demand and participate in dialogues, implement democratic regulations, collective bargaining with the employer, and have consultations at the workplace to protect their legitimate rights and interests; participate in management according to the employer's regulations

- Refuse work if there is a clear imminent threat to life, health during the work process

- Unilaterally terminate the employment contract

- Strike

- Other rights as prescribed by law