THE GOVERNMENT
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———

No. 182/2013/ND-CP

Hanoi , November 14, 2013

DECREE

STIPULATING REGION-BASED MINIMUM WAGE LEVELS FOR LABORERS WORKING FOR ENTERPRISES, COOPERATIVES, COOPERATIVE GROUPS, FARMS, HOUSEHOLDS, INDIVIDUALS AND AGENCIES, ORGANIZATIONS EMPLOYING LABORERS

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Labor Code dated June 18, 2012;
Pursuant to the Law on Enterprises dated November 29, 2005;
At the request of the Minister of Labor, Invalids and Social Affairs;
The Government promulgates Decree stipulating region-based minimum wage levels for laborers working for enterprises, cooperatives, cooperative groups, farms, households, individuals and agencies, organizations employing laborers,
Article 1. Scope of regulation
This Decree stipulates the region-based minimum wage levels applied to laborers working for enterprises, cooperatives, cooperative groups, farms, households and individuals and agencies, organizations employing laborers.
Article 2. Subjects of application
1. The enterprises which are established; organized and managed; and operated under the Law on Enterprises (including Vietnam-based foreign-invested enterprises).
2. The cooperatives, cooperative unions, cooperative groups, farms, households, individuals and the other organizations of Vietnam employing laborers.
3. The foreign agencies, foreign organizations, international organizations and foreigners in Vietnam employing laborers (unless the international treaties, of which the Socialist Republic of Vietnam is a member, have provisions different from this Decree).
Enterprises, cooperatives, cooperative unions, cooperative groups, farms, households, agencies, organizations, and individuals defined in Clauses 1, 2 and 3 of this Article are collectively referred to as enterprises.
Article 3. Region-based minimum wage levels
1. To stipulate the region-based minimum wage levels applied to enterprises as follows:
a) The level of VND 2,700,000/month applies to enterprises operating in localities of region I.
b) The level of VND 2,400,000/month applies to enterprises operating in localities of region II.
c) The level of VND 2,100,000/month applies to enterprises operating in localities of region III.
d) The level of VND 1,900,000/month applies to enterprises operating in localities of region IV.
2. Localities in which region-based minimum wage levels will be applied are specified in the Appendix attached to this Decree.
Article 4. Application of region-based minimum wage levels
1. The region-based minimum wage levels specified in clause 1 Article 3 of this Decree are basis for enterprises and laborers making agreement on wage ensuring:
a) The monthly wage levels paid to untrained laborers working simplest jobs, under normal working conditions, being ensured sufficient the normal working duration in month and finished under the labor norms or the agreed work are not lower than the minimum wage levels.
b) The lowest wage levels paid to laborers who have received vocational training (including laborers trained by enterprises themselves) must be at least 7% higher than the region-based minimum wage levels.
2. Based on the region-based minimum wage levels specified in Clause 1 Article 3 of this Decree, the enterprises shall determine and adjust wage levels in the wage scales, wage tables adopted and issued by them, the wage levels in labor contracts of employees in line with labor legislation.
3. The enterprises are encouraged to make agreements and pay the wage to the laborers higher than the region-based minimum wage levels specified in Clause 1 Article 3 and Clause 1 this Article.
Article 5. Effect
1. This Decree takes effect on December 31, 2013. The region-based minimum wage levels specified in Clause 1 Article 3 of this Decree shall be applied from January 01, 2014.
2. This Decree replaces Government’s Decree No. 103/2012/ND-CP dated December 04, 2012, stipulating the region-based minimum wage levels applied to laborers working for enterprises, cooperatives, cooperative groups, farms, households and individuals, and agencies, organizations employing laborers.
Article 6. Responsibilities of implementation
1. The Minister of Labor, Invalids and Social Affairs shall guide implementation of this Decree.
2. The Ministry of Labor, Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Vietnam General Confederation of Labor, The Vietnam Chamber of Commerce and Industry, Vietnam Cooperative Alliance, Association of Vietnamese small and medium-sized enterprises, Ministries, relevant agencies and People’s Committees of provinces, central-affiliated cities in propagating, popularizing down employees, the employers and inspecting, supervising implementation of the region-based minimum wage levels specified in this Decree; submitting to the Government for consideration and adjustment of the region-based minimum wage levels in accordance with regulations.
3. The Ministers, heads of ministerial-level agencies, heads of governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, and agencies, enterprises are responsible for the implementation of this Decree.
 

 
APPENDIX
LIST OF LOCALITIES APPLIED THE REGION-BASED MINIMUM WAGE LEVELS FROM JANUARY 01, 2014
(Issuing together with the Government’s Decree No. 182/2013/ND-CP of November 14, 2013)
1. Region I, covering the following localities:
– Urban districts and Gia Lam, Dong Anh, Soc Son, Thanh Tri, Tu Liem, Thuong Tin, Hoai Duc, Thach That, Quoc Oai, Thanh Oai, Me Linh, Chuong My rural districts and Son Tay town of Hanoi City;
– Urban districts and Thuy Nguyen, An Duong, An Lao, Vinh Bao rural districts of Hai Phong City;
– Urban districts and Cu Chi, Hoc Mon, Binh Chanh, Nha Be rural districts of Ho Chi Minh City;
– Bien Hoa City and Nhon Trach, Long Thanh, Vinh Cuu, Trang Bom rural districts of Dong Nai province;
– Thu Dau Mot city, Thuan An, Di An towns, and Ben Cat, Tan Uyen rural districts of Binh Duong province;
– Vung Tau City of Ba Ria – Vung Tau province.
2. Region II, covering the following localities:
– The remaining rural districts of Hanoi City;
– The remaining rural districts of Hai Phong City;
– Hai Dung City of Hai Duong province;
– Hung Yen City and My Hao, Van Lam, Van Giang, Yen My rural districts of Hung Yen province;
– Vinh Yen City, Phuc Yen town and Binh Xuyen, Yen Lac rural districts of Vinh Phuc province;
– Bac Ninh City, Tu Son town and Que Vo, Tien Du, Yen Phong, Thuan Thanh rural districts of Bac Ninh province;
– Ha Long, Mong Cai Cities of Quang Ninh province;
– Thai Nguyen City of Thai Nguyen province;
– Viet Tri City of Phu Tho province;
– Lao Cai City of Lao Cai province;
– Ninh Binh City of Ninh Binh province;
– Hue City of Thua Thien Hue province;
– Urban and rural districts of Da Nang City;
– Nha Trang, Cam Ranh cities of Khanh Hoa province;
– Da Lat, Bao Loc cities of Lam Dong province;
– Phan Thiet City of Binh Thuan province;
– Can Gio rural districts of Ho Chi Minh City;
– Long Khanh town and Dinh Quan, Xuan Loc rural district of Dong Nai province;
– Phu Giao, Dau Tieng rural district of Binh Duong province;
– Chon Thanh rural district of Binh Phuoc province;
– Ba Ria City and Tan Thanh rural district of Ba Ria – Vung Tau province;
– Tan An City and Duc Hoa, Ben Luc, Can Duoc, Can Giuoc rural districts of Long An province;
– My Tho City of Tien Giang province;
– Urban districts of Can Tho City;
– Rach Gia City of Kien Giang province;
– Long Xuyen City of An Giang province;
– Ca Mau City of Ca Mau province;
3. Region III, covering the following localities:
– The remaining centrally-affiliated cities (except those of region I and region II);
– Chi Linh town and Cam Giang, Nam Sach, Kim Thanh, Kinh Mon, Gia Loc, Binh Giang, Tu Ky rural districts of Hai Duong province;
– Vinh Tuong, Tam Dao, Tam Duong, Lap Thach, Song Lo rural districts of Vinh Phuc province;
– Phu Tho town and Phu Ninh, Lam Thao, Thanh Ba, Tam Nong rural district of Phu Tho province;
– Gia Binh, Luong Tai rural districts of Bac Ninh province;
– Viet Yen, Yen Dung, Hiep Hoa, Tan Yen, Lang Giang rural districts of Bac Giang province;
– Hoanh Bo, Dong Trieu rural districts of Quang Ninh province;
– Bao Thang, Sa Pa rural districts of Lao Cai province;
– The remaining rural districts of Hung Yen province;
– Song Cong town and Pho Yen, Phu Binh, Phu Luong, Dong Hy, Dai Tu rural districts of Thai Nguyen province;
– My Loc rural district of Nam Dinh province;
– Duy Tien, Kim Bang rural districts of Ha Nam province;
– Tam Diep town and Gia Vien, Yen Khanh, Hoa Lu rural districts of Ninh Binh province;
– Bim Son town and Tinh Gia rural district of Thanh Hoa province;
– Ky Anh rural district of Ha Tinh province;
– Huong Thuy, Huong Tra towns and Phu Loc, Phong Dien, Quang Dien, Phu Vang rural districts of Thua Thien Hua province;
– Dien Ban, Dai Loc, Duy Xuyen, Nui Thanh rural districts of Quang Nam province;
– Binh Son, Son Tinh rural districts of Quang Ngai province;
– Song Cau town of Phu Yen province;
– Ninh Hai, Thuan Bac rural districts of Ninh Thuan province;
– Ninh Hoa town and Cam Lam, Dien Khanh, Van Ninh rural districts of Khanh Hoa province;
– Dak Ha rural district of Kon Tum province;
– Duc Trong, Di Linh rural district of Lam Dong province;
– La Gi town and Ham Thuan Bac, Ham Thuan Nam rural district of Binh Thuan province;
– Trang Bang, Go Dau rural districts of Tay Ninh province;
– Dong Xoai, Phuoc Long, Binh Long towns and Dong Phu, Hon Quan rural districts of Binh Phuoc province;
– The remaining rural districts of Dong Nai province;
– Long Dien, Dat Do, Xuyen Moc, Chau Duc, Con Dao rural district of Ba Ria – Vung Tau province;
– Thu Thua, Duc Hue, Chau Thanh, Tan Tru, Thanh Hoa rural districts of Long An province;
– Go Cong town and Chau Thanh rural district of Tien Giang province;
– Chau Thanh rural district of Ben Tre province;
– Binh Minh town and Long Ho rural district of Vinh Long province;
– Rural districts of Can Tho City;
– Ha Tien town and Kien Luong, Phu Quoc, Kien Hai, Giang Thanh, Chau Thanh rural districts of Kien Giang province;
– Tan Chau town of An Giang province;
– Nga Bay town and Chau Thanh, Chau Thanh A rural districts of Hau Giang province;
– Nam Can, Cai Nuoc, U Minh, Tran Van Thoi rural districts of Ca Mau province.
4. Region IV, covering the remaining localities.

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MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS 
——–

SOCIALIST REPUBLIC OF VIETNAM 
Independence – Freedom – Happiness
—————-

No. 25/2013/TT-BLDTBXH

Hanoi, October 18, 2013

CIRCULAR

ON PROVISION OF PERQUISITES FOR WORKERS IN HARMFUL OR DANGEROUS ENVIRONMENTS

Pursuant to Article 141 of the Labor Code dated June 18, 2012;
Pursuant to the Government’s Decree No. 106/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;
At the request of the Director of the Department of Labor safety;
The Minister of Labor, War Invalids and Social Affairs provides guidance on provision of perquisites for workers in harmful or dangerous environments,
Article 1. Scope and subjects of application
1. This Circular provides guidance on the provision of benefits in kind (perquisites) for workers in harmful or dangerous environments.
2. This Circular is applicable to officials, civil servants, workers, students, apprentices, or interns (hereinafter referred to as workers) in the following companies, organizations, and cooperatives:
a) Administrative agencies; public service agencies; the armed forces (including forces working in cipher);
b) Political organizations, socio-political organizations, socio-professional organizations, other social organizations;
c) Companies from every economic sector;
d) Cooperatives;
dd) Foreign organizations and international organizations having offices in the Socialist Republic of Vietnam;
e) Other organizations that employ workers.
The aforesaid companies, organizations, and cooperatives are hereinafter referred to as employer.
Article 2. Conditions for being provided with perquisites and level of perquisites
1. A worker is entitled to perquisites when the following conditions are satisfied:
a) Doing the jobs in the list of arduous, harmful and dangerous jobs or the list of extremely arduous, harmful and dangerous jobs promulgated by the Ministry of Labor, War Invalids and Social Affairs;
b) Working in an environment with at least one dangerous or harmful factor below the hygiene standards established by the Ministry of Health, or in direct contact with infectious sources.
The factors mentioned in Point b Clause 1 of this Article shall be identified by a unit capable of inspecting working environments as prescribed by the Ministry of Health (hereinafter referred to as inspecting unit).
2. Level of perquisites:
a) Levels of perquisites in the form of daily meals converted into cash:
– Level 1: 10,000 VND;
– Level 2: 15,000 VND;
– Level 3: 20,000 VND;
– Level 4: 25,000 VND.
b) The level of perquisites depends on the working environments and indicators specified in Appendix 1 to this Circular.
Article 3. Rules for provision of perquisites
1. The perquisites must be provided during the shift or working day in a convenient and hygienic way.
2. Perquisites must not be converted into cash or included in salaries.
3. If the work is not stationary and does not allow the provision of perquisites at one place (e.g. workers are itinerant, scattered, or few), the employer shall directly provide the perquisites for workers. In this case, the employer must make a list of recipients bearing the signatures of workers, and inspect the consumption of them.
4. Specific levels of perquisites:
a) If the worker satisfies the conditions in Clause 1 Article 2 of this Circular shall be given the full portion of perquisites if he works at least 50% of the normal working duration in a day, or half portion of the perquisites if he works less than 50% of the normal working duration in a day according to Appendix 1 to this Circular;
If the worker works overtime, the level of perquisites shall be increased in proportion to the number of overtime working hours under the same rule;
b) The employer shall consider providing perquisites at level 1 (10,000 VND) for the workers not doing the works in the list of arduous, harmful and dangerous jobs or the list of extremely arduous, harmful and dangerous jobs promulgated by the Ministry of Labor, War Invalids and Social Affairs, but working in an environment that has at least one dangerous or harmful factor below the hygiene standard, or in direct contact with infectious sources.
5. The cost of perquisites shall be included in the regular expense, production and business cost of the employer, and considered a reasonable expense when calculating corporate income tax. The budget for provision of perquisites for students, apprentices and interns shall be provided by the governing body.
6. Workers in special fields or jobs who are provided with fixed portions as prescribed by the Government are not entitled to the perquisites prescribed in this Circular.
Article 4. Responsibilities of the employer
1. Adopt technical measures, enhance the use of occupational hygiene and safety equipment to improve the working environment; if the dangerous or harmful factors are not eliminated, perquisites must be provided for workers to prevent diseases and ensure their health. The provision of perquisites may be stopped when technical measures are taken, the use of occupational hygiene and safety equipment is enhanced, and all dangerous or harmful factors are eliminated.
2. Assess the working environment annually. Decide the level of perquisites for each job and work based on the result of working environment assessment, infectious sources and occupational hygiene standards according to Appendix 1 to this Circular.
If the working environment is so complicated that the level of perquisites cannot be determined, the employer shall send a list of works and jobs that need to be provided with perquisites to the Ministry or governing body or the People’s Committee of the province. The Ministry of Labor, War Invalids and Social Affairs shall take charge and cooperate with the Ministry of Health in considering the lever of perquisites.
3. When adopting technical measures and improving the working conditions, the levels of perquisites shall be adjusted based on the new assessment of the working environment and harmful microorganisms according to Article 2 of this Circular.
4. Disseminate the purposes and importance of the perquisites, spread the contents of this Circular and internal regulations on this benefit among the workers.
5. Instruct the health department to establish the perquisite provision system that suitable for the enhancement of body immunity corresponding to the levels of perquisites.
6. Provide sufficient perquisites for workers in accordance with this Circular.
Article 5. Responsibilities of Ministries, governing bodies and local governments
1. Provide guidance on the implementation of this Circular to the companies and organizations under their management.
2. Send suggestions of works and jobs that need perquisite provision requested by the companies and organizations under their management to the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health for consideration, including:
a) A list of works and jobs that need perquisite provision (the form in Appendix 2 to this Circular);
b) A result of annual assessment of working environment, given by the inspecting unit, specifying the dangerous and harmful factors at the workplace. For the works in direct contact with infectious sources prescribed in Point b Clause 1 Article 2 of this Circular, the result of annual assessment of working environment is exempt.
3. Inspect the adherence to of local companies and units of this Circular.
Article 6. Implementation
1. This Circular takes effect on December 05, 2013.
2. The Joint Circular No. 13/2012/TTLT-BLDTBXH-BYT dated May 30, 2012 of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health providing guidance on the provision of perquisites for workers in harmful or dangerous environments are annulled on the effective date of this Circular.
Difficulties that arise during the implementation must be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration and settlement./.
 

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THE GOVERNMENT
——-

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
————–

No. 102/2013/ND-CP

Hanoi, September 05, 2013

DECREE

ELABORATING SOME ARTICLES OF THE LABOR CODE ON FOREIGN WORKERS IN VIETNAM

Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Labor Code dated June 18, 2012;
At the request of the Minister of Labor, War Invalids and Social Affairs;
The Government promulgates a Decree on elaborating some Article of the Labor Code on foreign workers in Vietnam,
Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation
This Decree elaborates some Articles of the Labor Code on the issuance of work permits to foreign citizens that work in Vietnam, the expulsion of foreign citizens that work in Vietnam without work permits.
Article 2. Subjects of application
1. Workers being foreign citizens that work in Vietnam (hereinafter referred to as foreign workers) in one of the forms below:
a) Working under labor contracts;
b) Being reassigned within the company;
c) Implementing contracts or agreements on business, commerce, finance, banking, insurance, inspection plan, culture, sports, education, vocational training, and health;
d) Providing services under contract;
dd) Offering services;
e) Working for foreign non-governmental organizations or international organizations in Vietnam that are allowed to operate within Vietnam’s law;
g) Volunteers;
h) The person in charge of establishing the commercial presence;
i) Managers, executive officer, experts, technicians>
k) Participating in the execution of contracts and projects in Vietnam.
2. Employers of foreign workers include:
a) Enterprises operating within the Law on Enterprises, the Law on Investment, or the International Agreements to which the Socialist Republic of Vietnam is a signatory;
b) Foreign or Vietnamese contractors (main contractors, subcontractors);
c) Representative offices, branches of enterprises, agencies, organizations, and contractors licensed by competent authorities;
d) State agencies;
dd) Foreign non-governmental organizations, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, international organizations in Vietnam;
e) Public service agencies established within the law;
g) Offices of foreign projects or international organizations in Vietnam;
h) Operating offices of foreign partners in business cooperation contracts in Vietnam;
i) Law-practicing organization in Vietnam;
k) Cooperatives and associated cooperatives established and operated within the Law on Cooperatives;
l) Public service agencies established within the law;
m) Business household and individuals allowed to do business within the law.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Reassigned foreign workers are the managers, executive officers, experts, and technicians of a foreign enterprise that has established a commercial presence in Vietnam, are temporarily reassigned within the same enterprise to a commercial presence in Vietnam, and has been employed by the foreign enterprise for at least 12 months.
2. Volunteers are unpaid foreign workers that voluntarily work in Vietnam to implement the International Agreements to which the Socialist Republic of Vietnam is a signatory.
3. Experts are foreign workers that are recognized as experts, or foreign engineers, bachelors that have worked at least 05 years in their fields.
4. Technicians are foreign workers that had undergone technical training for at least 01 year and have worked for at least 03 years in their fields.
Chapter 2.

ISSUANCE OF WORK PERMIT, REISSUANCE OF WORK PERMIT, EXPULSION OF FOREIGN WORKERS WITHOUT WORK PERMIT

SECTON 1. DETERMINATION OF POSITIONS AVAILABLE FOR FOREIGN WORKERS
Article 4. Demand for foreign workers
1. Annually, the employer (except for contractors) shall determine the demand for foreign workers for every position in which Vietnamese workers are not competent, and send a report to Presidents of the People’s Committees of the province or central-affiliated city (hereinafter referred to as the People’s Committee of the province) where the head office of the employee is situated. The employer shall send a report to the President of the People’s Committee of the province if the demand for foreign workers is changed during the implementation.
2. The President of the People’s Committee of the province shall issue a written approval to the employer for the employment of foreign workers in each position.
Article 5. Demand for foreign workers of the contractor
1. Where the bid package requires competent foreign workers, the invitation to tender must specify the quantity, standards, capacity of foreign workers that are needed for the contract. It is prohibited to employ foreign workers to do the jobs that can be satisfactorily done by Vietnamese workers, especially manual jobs and unskilled jobs.
The assessment and selection of contractors must comply with the regulations on employment in the invitation to tender and other regulations on tendering of Vietnam’s law.
2. When the contract is executed, the investor shall carry out supervise and request the contractor to stick to the commitment in the tendering documents in terms of employment of Vietnamese workers and foreign workers.
3. Before recruiting foreign workers, the contractor shall send a written request for the employment of Vietnamese workers in the positions made available for foreign workers (enclosed with a certification of the investor) to the President of the People’s Committee of the province where the contract is executed.
Where the contractor wishes to change or increase the number of workers in the tender, the investor shall certify change or increase of workers of the foreign contractor.
4. The President of the People’s Committee of the province shall direct local agencies to introduce and supply Vietnamese workers for the contractor. If Vietnamese workers are not provided for the contractor within 02 months from the day on which the written request for 500 Vietnamese workers is received, or within 01 month from the day on which the request for fewer than 500 Vietnamese workers is received, the President of the People’s Committee of the province shall consider allowing the contractor to recruit foreign workers hold the positions in which Vietnamese workers are not competent.
5. The investor shall provide guidance, urge, and inspect the compliance of the regulations on employment of foreign workers in accordance with law; monitor and ensure that foreign workers comply with Vietnam’s law; send quarterly reports to Services of Labor, War Invalids and Social Affairs on the contractor’s recruitment, employment and management of foreign workers according to regulations of the Ministry of Labor, War Invalids and Social Affairs.
6. Quarterly, Services of Labor, War Invalids and Social Affairs shall cooperate with the police and relevant agencies in inspection the compliance with Vietnam’s law of the foreign workers working for local contractors.
Article 6. Report on employment of foreign workers 
Every 06 months and every year, the Service of Labor, War Invalids and Social Affairs shall report the demand for foreign workers to the Ministry of Labor, accepted demand for foreign workers, and the employment of foreign workers working locally.
SECTION 2. FOREIGN WORKERS EXEMPT FROM WORK PERMITS
Article 7. The cases in which the foreign worker is exempt from applying for the work permit
1. The foreign workers mentioned in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, and Clause 8 Article 172 of the Labor Code.
2. Other cases in which the work permit is not issued:
a) The workers that are reassigned within the enterprises engaged in within 11 service industries in the commitment on services between Vietnam and WTO, including: business, communication, construction, distribution, education, environment, finance, health, tourism, entertainment, and transportation;
The Ministry of Industry and Trade shall provide guidance on the basis and procedure for identifying reassigned foreign workers within 11 aforesaid service industries.
b) The workers enter Vietnam to technical advisory services or perform other tasks serving the research, development, appraisal, assessment, management, and execution of programs and projects funded by ODA according to the International Agreements on ODA between competent authorities of Vietnam and other countries;
c) The workers are issued with the license for the practice of journalism in Vietnam by the Ministry of Foreign Affairs;
d) The workers are teachers of foreign organizations that are sent to Vietnam by such organizations to teach in international schools under the management of foreign diplomatic missions or international organizations in Vietnam;
dd) The workers are volunteers;
The foreign workers mentioned in Point d and Point dd Clause 2 of this Article must obtain the certification of the foreign diplomatic missions or international organizations in Vietnam.
e) The workers hold master’s degrees or higher and provide consultancy, teach or conduct scientific research at institutions of higher education or vocational colleges within 30 days;
The institutions of higher education or vocational colleges must make a written certification of the consultancy, teaching, and scientific research of the foreign workers.
g) The foreign workers enter Vietnam to implement international agreements to which central state agencies, local state agencies, and central socio-political organizations are signatories.
The central state agencies, local state agencies, and central socio-political organizations are signatories shall send written notifications to the agency authorized to issue work permits of the foreign workers’ entering Vietnam to implement the international agreements to which they are signatories.
h) Other cases decided by the Prime Minister at the request of the Minister of Labor, War Invalids and Social Affairs.
Article 8. Procedure for certifying foreign workers exempt from work permit
1. Services of Labor, War Invalids and Social Affairs are authorized to certify the employee exempt from work permit.
2. The employer shall request the Service of Labor, War Invalids and Social Affairs of the province where the foreign workers regularly work to certify that such foreign workers are exempt from work permit at least 07 working days before the day on which they start to work.
3. The application for the certification of exemption from work permit consists of:
a) The written request for the certification that the foreign workers are exempt from work permit;
b) The list of foreign workers, which specifies their full names, ages, genders, nationalities, passport numbers, staring and ending dates, and their positions;
c) Other papers proving that the foreign workers are exempt from the work permit.
The papers proving that the foreign workers are exempt from the work permit is 01 original or 01 copy; the papers that are made in foreign language are exempt from consular legalization but they must be translated into Vietnamese and authenticated in accordance with Vietnam’s law.
4. Within 03 working days from the day on which the sufficient application is received, the Service of Labor, War Invalids and Social Affairs shall send a written certification to the employer. A written response and explanation shall be provided if the certification is rejected.
SECTION 3. ISSUANCE OF WORK PERMIT
Article 9. Conditions for issuing the work permit
1. The worker is capable of civil acts as prescribed by law.
2. The worker’s health is suitable for his or her job.
3. The worker is a manager, executive officer, expert, or technician.
The foreign workers that provide medical examination, medical treatment in Vietnam, or work in education and vocational training must meet the conditions for provision of medical examination, medical treatment, education and vocational training of Vietnam’s law.
4. The worker is not a criminal or liable to criminal prosecution according to Vietnam’s law and the foreign country’s law.
5. The employment of the foreign worker is approved in writing by a competent authority.
Article 10. Application for the work permit
1. The written request for the work permit made by the employer in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs.
2. The health certificate issued in the worker’s home country or in Vietnam as prescribed by the Ministry of Health.
3. The written certification that the worker is not a criminal or liable to criminal prosecution according to Vietnam’s law and the foreign country’s law, which is made within the previous 06 months from the day on which the application is submitted.
4. The written certification that the worker is a manager, executive officer, expert, or technician.
For some jobs and works, the written certification of the qualification of the foreign worker shall be replaced with one of the papers below:
a) The written certification that the worker is an artist in the traditional professions, which is issued by the competent authority of the foreign country;
b) The documents proving experience of foreign soccer players;
c) The pilot certificate issued by a Vietnam’s competent authority to the foreign pilot;
d) The license for airplane maintenance issued by a Vietnam’s competent authority to the foreign worker that maintains airplanes.
5. The written approval for employment of foreign workers given by the President of the People’s Committee of the province.
6. 02 color pictures ( 4 cm x 6 cm, bareheaded, frontal, clear face, ears, no glasses, white background) that are taken within the previous 06 months from the day on which the application is submitted.
7. The copy of the passport or an equivalent paper, which is unexpired.
The papers mentioned in Clause 2, Clause 3 and Clause 4 of this Article is 01 original or copy; the papers in foreign languages must be consularly legalized, except for the cases in which consular legalization is expired according to the International Agreements to which Vietnam and the foreign country are signatories or following the principle of reciprocity, be translated into Vietnamese, and authenticated in accordance with Vietnam’s law.
8. Other papers related to the foreign workers:
a) The foreign workers mentioned in Point b Clause 1 Article 2 of this Decree must have papers of the foreign enterprise showing that they are sent to work at the commercial presence of such foreign enterprise in Vietnam, and the papers proving that they have been employed by such foreign enterprise for at least 12 months before they are sent to work in Vietnam;
b) The foreign workers mentioned in Point c Clause 1 Article 2 of this Decree must have contracts or agreement sign by the Vietnamese partner and the foreign partner, including the agreements on sending foreign workers to Vietnam;
c) The foreign workers mentioned in Point d Clause 1 Article 2 of this Decree must have service contracts signed by the Vietnamese partner and the foreign partner, and the papers proving that the foreign workers have worked for the foreign enterprise without commercial presence for at least 02 years;
d) The foreign workers mentioned in Point dd Clause 1 Article 2 of this Decree must have the paper made by the service provider that sends the foreign workers to Vietnam to negotiate the service provision;
dd) The foreign workers mentioned in Point e Clause 1 Article 2 of this Decree must have the paper proving that the foreign non-governmental organization or international organization is allowed to operate within Vietnam’s law;
e) The foreign workers mentioned in Point h Clause 1 Article 2 of this Decree must have the paper made by the service provider that sends the foreign workers to Vietnam to establish its commercial presence;
g) The foreign workers mentioned in Point b Clause 1 Article 2 of this Decree, who participate in the operation of the foreign enterprise that has established its commercial presence in Vietnam, must have papers proving the foreign workers’ eligibility to participate in such foreign enterprise.
The papers mentioned in this Clause are 01 original or 01 copy; the papers that are made in foreign language are exempt from consular legalization but they must be translated into Vietnamese and authenticated in accordance with Vietnam’s law.
Article 11. Duration of the work permit
The duration of a work permit shall not exceed 02 years, and is equal to one of the durations below:
1. The duration of the labor contract to be signed;
2. The duration of assignment in Vietnam decided by the foreign partner;
3. The duration of the contract or agreement between the Vietnamese partner and the foreign partner;
4. The duration of the service contract or agreement between the Vietnam partner and the foreign partner;
5. The duration stated in the paper made by the service provider that sends the foreign worker to Vietnam to negotiate the service provision;
6. The duration stated in the certificate of foreign non-governmental organization or international organization operating within Vietnam’s law;
7. The duration in the paper made by the service provider that sends the foreign workers to Vietnam to establish its commercial presence;
8. The duration in the paper proving the foreign worker’s eligibility to participate in the operation of a foreign enterprise that has established its commercial presence in Vietnam.
Article 12. Procedure for issuing the work permit
1. At least 15 working days before the day on which the foreign worker intends to start working, the employer shall submit the application for the work permit to the Service of Labor, War Invalids and Social Affairs of the province where the foreign worker works for the employer the whole time.
Where the foreign worker does not work for the employer in the same province the whole time, the application for the work permit shall be submitted at the Service of Labor, War Invalids and Social Affairs of the province where the employer’s head office is situated.
2. Within 10 working days from the day on which the sufficient application is received, the Service of Labor, War Invalids and Social Affairs shall issue the work permit to the foreign worker using the form provided by the Ministry of Labor, War Invalids and Social Affairs. A written response and explanation shall be provided if the work permit is not issued.
3. After the foreign worker mentioned in Point a Clause 1 Article 2 of this Decree is issued with the work permit, the employer and the foreign worker shall sign a written labor contract in accordance with Vietnam’s law before the intended workday. The labor contract contents must be consistent with the contents of the work permit issued.
Within 05 working days from the day on which the labor contract is signed, the employer shall send a copy of the signed labor contract and a copy of the work permit issued to the Service of Labor, War Invalids and Social Affairs that issued such work permit.
SECTION 4. ISSUANCE OF WORK PERMIT
Article 13. The cases in which the work permit is reissued
1. The work permit is lost, damaged, or the contents of the work permit such as name, date of birth, nationality, passport number, or workplace is changed;
2. The work permit expires.
Article 14. Application for reissuance of the work permit
1. The written request for reissuance of the work permit made by the employer in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs.
2. 02 color pictures ( 4 cm x 6 cm, bareheaded, frontal, clear face, ears, no glasses, white background) that are taken within the previous 06 months from the day on which the application is submitted.
3. Other papers related to the foreign workers:
a) A copy of the unexpired passport or an equivalent paper and the work permit issued (unless it is lost) must be presented in the case defined in Clause 1 Article 13 of this Decree;
b) In the case defined in Clause 2 Article 13 of this Decree, the work permit that is still valid for 05 – 15 more days must be presented (unless it is lost), the health certificate mentioned in Clause 2 Article 10 of this Article, the written approval for employment of the foreign workers given by the President of the People’s Committee of the province, and one of the papers below:
– The paper made by the foreign partner that sends the foreign workers to Vietnam;
– The contract or agreement sign by the Vietnam and the foreign partner, including the agreements on sending foreign workers to Vietnam;
– The service contract signed by the Vietnam and the foreign partner, or the paper proving that the foreign worker keeps negotiating the service provision in Vietnam;
– The certificate of foreign non-governmental organization or international organization operating within Vietnam’s law;
– The paper proving that the foreign worker keeps working at a foreign non-governmental organization or international organizations in Vietnam;
– The paper of made by a service provider that sends the employee to Vietnam to establish its commercial presence;
– The paper proving the foreign worker’s eligibility to participate in the operation of a foreign enterprise that has established its commercial presence in Vietnam.
The papers mentioned in this Clause are be translated into Vietnamese and authenticated in accordance with Vietnam’s law.
Article 15. Procedure for reissuing the work permit
1. For the cases prescribed in Clause 1 Article 13 of this Decree:
a) The foreign worker shall notify the employer within 03 days from the day on which the foreign worker discovers that his or her work permit is lost, damaged or the contents of the work permit are changed;
b) The employer shall submit an application for the reissuance of the work permit to the Service of Labor, War Invalids and Social Affairs that issued it within 05 working days from the day on which the employer is notified by the foreign worker.
2. For the cases prescribed in Clause 2 Article 13 of this Decree:
05 – 15 days before the work permit expires, the employer shall submit an application for the reissuance of the work permit to the Service of Labor, War Invalids and Social Affairs that issued it.
3. Within 03 working days from the day on which the sufficient application for the reissuance of the work permit is received, the Service of Labor, War Invalids and Social Affairs shall reissue the work permit. A written response and explanation shall be provided if the work permit is not reissued.
4. After the foreign worker mentioned in Point a Clause 1 Article 2 of this Decree is reissued with the work permit, the employer and the foreign worker shall sign a written labor contract in accordance with Vietnam’s law before the day on which the employee intends to return to work. The labor contract contents must be consistent with the contents of the work permit reissued.
Within 05 working days from the day on which the labor contract is signed, the employer shall send a copy of the signed labor contract and a copy of the work permit reissued to the Service of Labor, War Invalids and Social Affairs that reissued it.
Article 16. Duration of the reissued work permit
1. The duration of the work permit reissued in the cases in Clause 1 Article 13 of this Article is equal to the duration of the issued work permit minus the period of time the foreign worker has worked up to the day the application for the reissuance of the work permit is submitted.
2. The duration of the work permit reissued in the cases in Clause 2 Article 13 of this Decree does not exceed 02 years, and is equal to one of the following durations:
a) The duration of the labor contract to be signed;
b) The duration of assignment in Vietnam decided by the foreign partner;
c) The duration of the contract or agreement between the Vietnamese party and the foreign party;
d) The duration of the service contract or agreement between the Vietnam partner and the foreign partner;
dd) The duration stated in the paper made by the service provider that sends the foreign worker to Vietnam to negotiate the service provision;
e) The duration stated in the certificate of foreign non-governmental organization or international organization operating within Vietnam’s law;
g) The duration in the paper made by the service provider that sends the foreign workers to Vietnam to establish its commercial presence;
h) The duration in the paper proving the foreign worker’s eligibility to participate in the operation of a foreign enterprise that has established its commercial presence in Vietnam.
SECTION 5. REVOCATION OF WORK PERMIT, EXPULSION OF FOREIGN WORKERS
Article 17. Revocation of the work permit
1. The cases in which the work permit is revoked:
a) The contents of the application for the issuance or reissuance of the work permit is found bogus;
b) The work permit expires;
c) The foreign worker or employer fails to comply with the work permit issued;
d) The labor contract is terminated;
dd) The labor contract contents are not consistent with the contents of the work permit issued;
e) The contract or agreement on business, commerce, finance, banking, insurance, science and technology, culture, sports, education and vocational training, or health is expired or terminated;
g) The foreign partner makes a written notification that the foreign worker is no longer on assignment in Vietnam;
h) The employer shuts down;
i) The foreign worker is imprisoned, dead, or missing as declared by the court;
k) A competent authority makes a written request for the revocation of the work permit due to the violations against Vietnam’s law committed by the foreign worker.
2. The Service of Labor, War Invalids and Social Affairs is entitled to revoke the work permits they issued.
Article 18. Expelling foreign workers
1. The foreigners that work in Vietnam without the work permit and do not fall into the cases in Article 7 of this Decree shall be expelled in accordance with Vietnam’s law.
2. Services of Labor, War Invalids and Social Affairs shall request the police to expel the foreigners that work in Vietnam without the work permit.
Organizations and individuals shall report the foreigners working in Vietnam without the work permit to Services of Labor, War Invalids and Social Affairs upon discovery.
3. Within 15 working days from the day on which the foreign worker is pronounced working in Vietnam without the work permit, the Service of Labor, War Invalids and Social Affairs shall request the police to expel that foreign worker.
4. The Ministry of Industry and Trade shall:
a) Provide guidance on the power and procedure for expelling the foreigners working in Vietnam without the work permit;
b) Provide guidance on the issuance of visas to foreign workers after they are issued or reissued with the work permits, or the application for the issuance or reissuance of work permit is submitted;
c) Take charge and cooperate with the Ministry of Labor, War Invalids and Social Affairs in providing guidance on the procedure for sending the list of foreign workers issued and reissued with work permits to immigration agencies.
Chapter 3.

IMPLEMENTATION

Article 19. Effects
1. This Decree takes effect on November 01, 2013.
2. The Government’s Decree No. 34/2008/NĐ-CP dated March 25, 2008 on recruitment and management of foreign workers in Vietnam; the Government’s Decree No. 46/2011/NĐ-CP dated June 17, 2011 on amendments to the Government’s Decree No. 34/2008/NĐ-CP dated March 25, 2008 on recruitment and management of foreign workers in Vietnam are annulled from the effective date of this Decree.
3. The work permits that are still unexpired up to the effective date of this Decree might not be renewed.
Article 20. Responsibility for the implementation
1. The Minister of Labor, War Invalids and Social Affairs, the Minister of Public Security, the Minister of Industry and Trade, and the Minister of Health shall provide guidance on the implementation of this Decree.
2. Other Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of central-affiliated cities and provinces are responsible for the implementation of this Decree./.
 

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 DECREE

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LABOR CODE REGARDING LABOR CONTRACTS

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 18, 2012 Labor Code;
Pursuant to the November 29, 2005 Law on Enterprise;
At the proposal of the Minister of Labor, Invalids and Social Affairs;
The Goverment promulagtes the Decree detailing the implementation of a number of articles of the labor code regarding labor contracts,
Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation
This Decree details the implementation of the Labor Code regarding participation in compulsory social insurance, unemployment insurance and medical insurance of employees when enter into labor contracts with many employers; content of labor contracts applied to employees who are hired to do as directors in enterprises with capital contributed  by the State; the orders of and procedures for announcement of invalid labor contracts of labor inspectorate and handling of invalid labor contracts.
Article 2. Subjects of application

1. Employees as prescribed in clause 1 Article 3 of the Labor Code.
2. Employers as prescribed in clause 2 Article 3 of the Labor Code.
3. The agencies, organizations and individuals relating to contents specified in Article 1 of this Decree.

Article 3. Interpretation of terms
In this Decree, the following terms are construed as follows:

1. Enterprises with capital contributed by the State mean enterprises operating in accordance with the Law on enterprises of which the State holds under 100% of the charter capital.
2. Employees hired to do as directors in enterprises with capital contributed by the State include Vietnamese persons or foreigners having full standards and conditions as prescribed by law (hereinafter referred to as persond hired to do as directors)
3. Heads of inspectorate teams mean the heads of the inspectorate teams implementing the task of labor inspectorate, including: Heads of inspectorate teams of the provincial Departments of Labor, Invalids and Social Affairs, the Ministry of Labor, Invalids and Social Affairs and Heads of specialized inspectorate teams of Departments, General Departments attached the Ministry of Labor, Invalids and Social Affairs.

Chapter 2.
PARTICIPATION IN COMPULSORY SOCIAL INSURANCE, UNEMPLOYMENT INSURANCE AND MEDICAL INSURANCE OF EMPLOYEES WHEN ENTER INTO LABOR CONTRACTS WITH MANY EMPLOYERS 
Article 4. Responsibility for participation in compulsory social insurance, unemployment insurance and medical insurance of employers and employees 

1. Responsibility for participation in compulsory social insurance, unemployment insurance and medical insurance of employers and employees:
2. Employees when enter into labor contracts with many employers and employees and employers subject to participation in compulsory social insurance and unemployment insurance, the employees and employers of the first labor contracts shall be responsible for participation in compulsory social insurance and unemployment insurance as prescribed by law.

The employers of remaining labor contracts shall be responsible for paying the amounts equal to the payable levels of compulsory social insurance and unemployment insurance belonging to their responsibility as prescribed by law at the same time with the salary term of employees.

1. When a labor contract which employee and employer participating in the compulsory social insurance and unemployment insurance terminates or changes and the employee and employer not subject to participation in the compulsory social insurance and unemployment insurance, the employee and employer subject to participation in the compulsory social insurance and unemployment insurance of the following labor contract shall participate in the compulsory social insurance and unemployment insurance as prescribed by law.
2. Responsibility for participation in compulsory medical insurance of employers and employees:
3. Employees when enter into labor contracts with many employers and employees and employers subject to participation in compulsory medical insurance, the employees and employers of the labor contracts that have the highest salary level shall be responsible for participation in compulsory medical insurance as prescribed by law on medical insurance.

The employers of remaining labor contracts shall be responsible for paying the amounts equal to the payable levels of medical insurance belonging to their responsibility as prescribed by law on medical insurance at the same time with the salary term of employees.

1. When a labor contract which employee and employer participating in the compulsory medical insurance terminates or changes and the employee and employer not subject to participation in the compulsory medical insurance, the employee and employer subject to participation in the compulsory medical insurance of the labor contract with the highest salary level in the remaining labor contracts shall be responsible for participation in the compulsory medical insurance as prescribed by law.
2. The change of responsibility for participation in compulsory social insurance, unemployment insurance and medical insurance as prescribed in point b, clause 1, point b clause 2 of this Article is provided as follows:
3. Employees and employers shall be responsible for amending and supplementing contents on the compulsory social insurance, unemployment insurance and medical insurance in labor contracts as prescribed by law;
4. Employees shall be responsible for notification and sending of the social insurance books, medical insurance cards and other relevant papers to employers of the following labor contract for implementation.
5. Employees shall be responsible for notification and enclosing copies of labor contracts which have been signed or amended and supplemented or terminated to the remaining employers for information.

Article 5. Responsibilities of employers with respect to employees suffering occupational accidents or occupational illnesses

1. If employees suffer occupational accidents or occupational illnesses during the course of implementation of work, task under labor contract with employers where participating in the compulsory social insurance, employers and social insurance organizations shall solve regimes for employees as prescribed by law.  Within 02 working days, after employees suffer occupational accidents or are defined to suffer occupational illness, employers shall notify in writing the employers of the remaining labor contract about health status of employees.
2. If employees suffer occupational accidents or occupational illnesses during the course of implementation of work, task under labor contract with employers which do not participate in the compulsory social insurance and medical insurance for employees, employers shall:
3. Pay expenses from first-aid until employees are treated to be stable as prescribed in clause 1 Article 144 of the Labor Code;
4. Pay full salary under labor contract for employees who suffer occupational accidents or occupational illness and have to stop work in treatment duration;
5. Pay compensation or allowance for employees as prescribed in clause 3 or clause 4 Article 145 of the Labor Code;
6. Notify in writing the employers of remaining labor contracts about the health status of employees.
7. Employers of labor contracts are not entitled to unilaterally terminate the labor contracts with employees suffering occupational accidents, occupational illness in the treatment duration, except case specified in point b clause 1 Article 38 of the Labor Code.

When employees have recovered health, the employers and employees may agree on further implementation of labor contracts or amending and supplementing content of labor contract or termination of the signed labor contracts as prescribed by law.
Chapter 3.
CONTENT OF LABOR CONTRACTS APPLIED TO EMPLOYEES WHO ARE HIRED TO DO AS DIRECTORS IN ENTERPRISES WITH CAPITAL CONTRIBUTED  BY THE STATE
Article 6. Content of labor contracts applied to employees who are hired to do as directors in enterprises with entire capital owned by the State

1. Name, address of enterprises with entire capital owned by the State; full name; date of birth; ID number of the Chairperson of Members’ Council or the President of Company.
2. Full name; date of birth; gender; nationality; professional qualifications; address of residence; ID number or other lawful papers as prescribed by law of the person who is hired director.
3. Two parties shall define the duration of labor contract that is between full 12 months and 36 months.

Time limit for the employer and the hired director to agree for termination of labor contract or extension of labor contract or concluding a new labor contract shall be agreed by two parties but not exceed 45 days before the expiry day of labor contract.  In case of prolonging duration of labor contract, duration of labor contract shall be agreed by parties but not exceed 12 months.

4. Works entitled to do, works not entitled to do and responsibilities for implementation of work of the hired directors shall comply with regulations of law.
5. Working loacation of the hired directors.
6. Content, time limit, responsibilities for protection of business secret, technological secret of the hired directors and handling of offences.
7. Rights and obligations of the employer, including:
8. To assure capital, assets and other force sources for the hired director to implement his/her work.
9. To provide information for the hired director to implement his/her work;
10. To inspect, supervise, assess the efficiency of work implementation of the hired director;
11. To issue the working regulation of director;
12. Other rights and obligations as prescribed by law;
13. Other rights and obligations agreed by two parties.
14. Rights and obligations of the hired director, including:
15. To implement the works already concluded;
16. To report difficulties during the course of implementation of work already concluded and propose remedial solutions;
17. To report situation of management and use of capital, assets, laborers and other force sources;
18. Other rights and obligations as prescribed by law;
19. Other rights and obligations agreed by two parties.
20. Benefits of the hired director, including:
21. Annual salary, advance amounts and payment of salary, the salary rising regime;
22. Bonus, advance amounts and payment of bonus;
23. The time for work and the time for rest;
24. Social insurance, medical insurance, unemployment insurance as prescribed by law;
25. Training and improving the qualifications and skills to implement the works already concluded;
26. Equipment for working,means for travelling, information, contact, and other supplementations;
27. Other benefits agreed by two parties.
28. Conditions, process, procedures for amending and supplementing labor contract, unilaterally terminating labor contract.
29. Powers and duties of the employer and the hired director when labor contract is terminated.
30. Labor discipline, material duties, settlement of labor disputes and complaints.
31. Other agreements.

Article 7. Content of labor contracts applied to employees who are hired to do as directors in enterprises with capital contributed by the State
Content of labor contract applied to employees who are hired to do as directors in enterprises with capital contributed by the State shall be agreed by Members’ Council or Board of Directors and the hired director for application of provisions in Artice 6 of this Decree.
Chapter 4.
THE ORDERS OF AND PROCEDURES FOR ANNOUNCEMENT OF INVALID LABOR CONTRACTS OF LABOR INSPECTORATE AND HANDLING OF INVALID LABOR CONTRACTS
SECTION 1. THE ORDERS OF AND PROCEDURES FOR ANNOUNCEMENT OF INVALID LABOR CONTRACTS OF LABOR INSPECTORATE
Article 8. The competence of announcement of invalid labor contracts of labor inspectorate
The Chief Inspectors of the provincial Departments of  Labor, Invalids and Social Affairs have the competence to announce invalid labor contracts.
Article 9. The orders of and procedures for announcement of invalid labor contracts of labor inspectorate

1. During inspection or settlement of complaints, denunciations on labor, if detect content of labor contract to be violated and belong to one of cases specified in Article 50 of the Labor Code, the head of inspectorate team or independent labor inspectors or persons assigned the specialized inspectorate task shall make record on violated cases and suggest employers, employees to amend and supplement the violated labor contracts.
2. Within 05 working days, after receiving the record on violated cases, employers and employees must amend and supplement the violated labor contract.
3. Within 03 working days, after the expiry date of amending and supplementing the violated labor contracts, if two parties fail to amend and supplement, the head of inspectorate team or independent labor inspectors or persons assigned the specialized inspectorate task shall send the record together with copies of violated labor contracts to the Chief Inspectors of the provincial Department of Labor, Invalids and Social Affairs where enterprise locates its head office.
4. Within 03 working days, after receiving the record on violated case, the Chief Inspectors of the provincial Department of Labor, Invalids and Social Affairs shall consider and issue decision on announcement of the invalid labor contracts.
5. Decision on announcement of the invalid labor contracts must be sent to the employer and each employee related to the invalid labor contracts, organization representing labor collective and the labor state management agency where the enterprise located its head office.

SECTION 2. HANDLING OF THE INVALID LABOR CONTRACTS
Article 10. Handling of the partial invalid labor contracts

1. Within 03 working days, after receiving the decision on announcement of the partial invalid labor contracts, the employer and employee must amend and supplement the labor contract by signing Annex of labor contract or concluding new labor contract as prescribed by law.
2. In time since labor contract is announced to be partially invalid untill two parties amend and supplement the part already announced to be invalid, rights and interests or employee shall be solved according to labor regulations, collective labor agreement (if any) and law provisions on labor.

If the invalid labor contract has salary lower than law provisions on labor, labor regulations, collective labor agreement that are applying, two parties may re-agree as prescribed in clause 1 of this Article.  The employer shall return the difference between the agreed salary and the salary in the invalid labor contract according to the actual working time of employee but not exceed 12 months.
Article 11. Handling of the completely invalid labor contracts

1. Within 15 days, after receiving decision on announcement of the completely invalid labor contracts because the signer of labor contract is not proper with competence, the labor state management agency where the enterprise located its head office shall guide parties to re-sign labor contract.
2. Labor contract of which whole content contrary to law shall be canceled when there is decision on announcement of the completely invalid labor contract.
3. Within 03 working days, after receiving the decision on announcement of the completely invalid labor contract because whole its content provided rights and interests of employee at the levels lower than law provisions on labor, labor regulations, collective labor agreement that are applying, the employer and employee are responsible for concluding new labor contract as prescribed by law on labor.

In time as from labor contract is announced to be completely invalid,untill two parties conclude new labor contract, rights and interests of employees shall be solved as prescribed in clause 2 Article 10 of this Decree.

4. Within 03 working days, after receiving the decision on announcement of the completely invalid labor contract because the work already concluded in labor contract by two parties is work prohibited by law, the employer and employee are responsible for concluding new labor contract as prescribed by law on labor.

If failing to conclude new labor contract, the employer will be responsible for paying an amount to employee, this amount is agreed by two parties but at least for each working year it will be one month regional minimum salary which is announced by the Government at time of decision on announcement of the completely invalid labor contract.

5. Within 03 working days, after receiving the decision on announcement of the completely invalid labor contract because its content restrained or prevented the rights to establish, accede and operate in Trade Union of employees, the employer and employee are responsible for signing new labor contract as prescribed by law on labor.

Article 12. Initiating lawsuits or complaining related to decision on announcement of invalid labor contracts
If the employer or employee does not agree with decision on announcement of the invalid labor contract, the employer or employee may initiate lawsuits at the Court or complain with the competent state agencies as prescribed by law.
Chapter 5.
IMPLEMENTATION PROVISIONS
Article 13. Effect

1. This Decree takes effect on July 01, 2013.
2. The Government’s Decree No. 44/2003/ND-CP, of May 09, 2003, detailing and guiding the implementation of a number of articles of the Labor Code regarding labor contracts and all previous documents which are contrary to this Decree hereby cease to be effective on the effective date of this Decree.

Article 14. Responsibility for implementation

1. The Minister of Labor, Invalids and Social Affairs shall guide implementation of this Decree.
2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities, the concerned agencies, enterprises, organizations and individuals shall have to implement this Decree.

 
 
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