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Guide to Vietnamese Labor Law for the Garment Industry
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Copyright International Labour Organization ILO and International Finance Corporation IFC 2011. First published 2011, Publications of the ILO enjoy copyright under Protocol 2 of the Universal Copyright Convention Nevertheless short. excerpts from them may be reproduced without authorization on condition that the source is indicated For rights. of reproduction or translation application should be made to the ILO acting on behalf of both organizations ILO. Publications Rights and Permissions International Labour Office CH 1211 Geneva 22 Switzerland or by email. pubdroit ilo org The IFC and ILO welcome such applications. Libraries institutions and other users registered with reproduction rights organizations may make copies in accordance. with the licences issued to them for this purpose Visit www ifrro org to find the reproduction rights organization in your. ILO Cataloguing in Publication Data, Guide to Vietnamese labour law for the garment industry International Labour Office H NG D N LU T LAO NG. CHO NG NH MAY Geneva ILO 2011,ISBN 9789220242490 print 9789220242506 web pdf. International Labour Office, clothing industry labour legislation comment minimum age trade union collective agreement labour dispute. sex discrimination forced labour wages labour contract employment occupational health occupational safety. hours of work Viet Nam,ILO Cataloguing in Publication Data.
The designations employed in this which are in conformity with United Nations practice and the presentation of. material therein do not imply the expression of any opinion whatsoever on the part of the IFC or ILO concerning the. legal status of any country area or territory or of its authorities or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles studies and other contributions rests solely with their. authors and publication does not constitute an endorsement by the IFC or ILO of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the IFC or. ILO and any failure to mention a particular firm commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries or direct from ILO. Publications International Labour Office CH 1211 Geneva 22 Switzerland Catalogues or lists of new publications are. available free of charge from the above address or by email pubvente ilo org. Visit our website www ilo org publns,Printed by Better Work Vietnam. Better Work Vietnam is a partnership between the International Labour Organization ILO and the International Finance. Corporation IFC The Vietnam program is funded by the Australian Agency for International Development AusAID and. the IFC under its Corporate Advice and Sustainability Program whose donors include Finland Ireland New Zealand the. Netherlands and Switzerland,ACKNOWLEDGEMENTS, Original versions of this document in both English and Vietnamese were developed by Onestep Viet Co Limited. Better Work Vietnam would like to express its thanks to Mr Nguyen Van Tien Chief Inspector of Ministry of Labour Invalids. and Social Affairs MOLISA and Mr Nguyen Tien Tung Deputy Chief Inspector of MOLISA for their expert advice and de. tailed comments on the Guide and for their assistance with the publication process. Tara Rangarajan Program Manager Better Work Vietnam. Hua Minh Duc Enterprise Advisor Better Work Vietnam. Pham Quoc Thuan Enterprise Advisor Team Leader Better Work Vietnam. Michelle Brown Independent Consultant,Design Layout. Spot Design Trading Services Co Ltd,Better Work Viietnam. 35 Ly Van Phuc Tan Dinh Ward District 1 Ho Chi Minh City Vietnam. Tel 84 8 3820 6064 Fax 84 8 3820 6331, Email vietnam betterwork org Website www betterwork org vietnam.
Guide to Vietnamese Labor Law,for the Garment Industry. Responsible for publication Nguyen Thi Thanh Huong. Editor Hoai Nam,Proof Reader Thanh Van,Ho Chi Minh City General Publishing House. 62 Nguyen Thi Minh Khai Dist 1 HCMC,Quantity 1 000 copies size 18 1cm x 25 6cm. Publication Permit No 298 11 CXB 72 23 THTPHCM,Send to archives Q2 2011. Better Work Vietnam is a partnership program between the International Labor. Organization ILO and International Finance Corporation IFC The program began. conducting assessment and advisory services in December 2009 The purpose of this. program is to promote competitiveness in Vietnam s garment industry by enhancing. economic performance at the enterprise level and improving compliance with. Vietnam labor law and international conventions on Fundamental Principles and. Rights at work The program is consulted and supervised by the Project Advisory. Committee PAC including representatives of the Ministry of Labor Invalids and. Social Affairs MOLISA Vietnam Chamber of Commerce and Industry VCCI and. Vietnam General Confederation of Labor VGCL, The Better Work program builds a mechanism for social dialogue and effective.
workplace cooperation as a basis for sustainable development To achieve. this employers and employees must have full knowledge of their rights and. responsibilities regulated by law Therefore the dissemination of labor legislation to. relevant stakeholders is indispensable, This book was prepared by Better Work Vietnam with the aim to provide basic. legal information in an easily understandable way for different readers We hope. this publication will be an effective contribution for building social compliance. harmonious labor relations friendly working environments and offer benefits to. enterprises as well as to society,February 2011, Chief Inspector of Ministry of Labor Invalids and Social Affairs. Nguyen Van Tien, Better Work Vietnam has produced this Guide with the aim of helping employers em. ployees international buyers and other stakeholders better understand the obliga. tions and rights stipulated under Vietnamese labour law The guide integrates every. major source of Vietnam labour law into one easy to use booklet. For each subject area the key elements of the law are explained not in technical legal. language but in plain language that is more easily understood The sources of the. law that are relevant to each area are listed so that actual legal texts can be referred. to if desired, The Guide covers all major areas of Vietnam labour law derived from the Labour Code. itself the laws on Trade Unions and Social Insurance governmental regulations in. ternational labour standards that have been ratified by Vietnam and the Vietnamese. Constitution, This Guide reflects the standards set by national law However for the fundamen.
tal rights at work freedom of association and collective bargaining the elimination. of forced labour the abolition of child labour and the elimination of employment. discrimination Better Work Vietnam assesses compliance in accordance with inter. national labour standards Accordingly Better Work Vietnam s assessment standards. for fundamental rights vary from the Guide in areas where national law differs from. international standards, Better Work Vietnam is pleased to be involved with the Vietnamese government in. producing this publication We see it as an important contribution to maintaining. labour standards and increasing good employment opportunities in the country. Rie Vejs Kjeldgaard,ILO Office Vietnam,Table of Contents. 1 MINIMUM WORKING AGE 14,1 1 DEFINITION 14,1 2 PROTECTING YOUNG EMPLOYEES 14. 1 3 DOCUMENTATION FOR YOUNG EMPLOYEES 14,2 TRADE UNION 15. 2 1 ESTABLISHING A TRADE UNION 15, 2 2 TRADE UNION REPRESENTATIVES RIGHTS RESPONSIBILITIES 15.
2 3 EMPLOYERS RIGHTS RESPONSIBILITIES 15,2 4 UNION FUNDS 16. 2 5 REGULATIONS ON MANAGEMENT OF UNION FUND 16,3 COLLECTIVE BARGAINING AGREEMENTS CBA 17. 3 1 DEFINITION 17,3 2 CONTENTS OF A CBA 17,3 3 REGISTRATION PROCEDURES 17. 3 4 DURATION OF A CBA 18,3 5 EMPLOYERS OBLIGATIONS IN NEGOTIATING CBAS 18. 4 LABOR DISPUTES 19,4 1 INDIVIDUAL LABOR DISPUTES 19.
4 2 COLLECTIVE LABOR DISPUTES 19,4 3 STRIKES 19,4 3 1 DEFINITION 19. 4 3 2 ORGANIZING STRIKES 19,4 3 3 THE TRADE UNION S RIGHTS 20. 4 3 4 EMPLOYERS RIGHTS 20,4 3 5 EMPLOYEES RIGHTS 20. 4 3 6 PROHIBITED ACTIONS BEFORE DURING AND AFTER A STRIKE 20. 4 3 7 ILLEGAL STRIKES 20,4 3 8 COMPENSATION FOR ILLEGAL STRIKES 21. 5 DISCRIMINATION 22,5 1 RACE RELIGION AND POLITICAL OPINIONS 22.
5 2 GENDER 22,5 3 DISABILITIES 22,5 4 HIV AND AIDS 22. 6 FORCED LABOR 23,6 1 DEFINITION 23,6 2 COERCION 23. 6 3 UNDERSTANDING FORCED LABOR AND OVERTIME 23,7 WAGES AND BENEFITS 24. 7 1 WAGES 24,7 2 MINIMUM WAGES 24,7 3 WAGE SCALES AND TABLES 25. 7 4 METHODS OF PAYMENT 25,7 5 PAYMENT DELIVERY 26,7 6 WAGE DEDUCTIONS 26.
7 7 PROBATION APPRENTICE AND TEMPORARY WORKER WAGES 26. 7 8 PAYMENT FOR DOWNTIME 26,7 9 OVERTIME WAGES AND NIGHT SHIFT ALLOWANCES 27. 7 9 1 CALCULATING OVERTIME 27,7 9 2 CALCULATING NIGHT SHIFT ALLOWANCES 28. 7 10 BONUSES AND INCENTIVES 29,7 11 WAGE INCREASE REVIEWS 29. 7 12 MANDATORY INSURANCE 30,7 13 PAID LEAVE 31,7 13 1 PUBLIC HOLIDAYS 31. 7 13 2 ANNUAL LEAVE 31,7 13 3 PAY FOR UNUSED ANNUAL LEAVE 31.
7 13 4 PERSONAL LEAVE WITH PAY 32,7 13 5 SICK LEAVE 32. 8 CONTRACTS AND HUMAN RESOURCES 33,8 1 RECRUITMENT 33. 8 2 PROBATION PERIODS 33,8 3 APPRENTICES 33,8 4 EMPLOYMENT CONTRACTS 34. 8 4 1 TEMPORARY LABOR 34,8 4 2 EXTENDED EMPLOYMENT CONTRACTS 34. 8 4 3 TEMPORARY JOB TRANSFER 35,8 5 TERMINATION OF EMPLOYMENT CONTRACTS 35.
8 5 1 OBVIOUS TERMINATION 35,8 5 2 UNILATERAL TERMINATION 35. 8 5 2 1 REASONS FOR LAWFUL UNILATERAL TERMINATION 35. 8 5 2 2 PRIOR NOTICE 36, 8 5 2 3 PROCEDURES FOR UNILATERAL TERMINATION OF A LABOR CONTRACT 36. 8 5 2 4 UNLAWFUL UNILATERAL TERMINATION 36, 8 5 3 REQUIRED ALLOWANCES AND COMPENSATION FOR TERMINATING CONTRACTS 37. 8 5 4 SEVERANCE ALLOWANCE AND JOB LOSS ALLOWANCE 38. 8 6 INTERNAL REGULATIONS 38,8 7 DISCIPLINE 38,8 7 1 TYPES OF DISCIPLINE 38. 8 7 2 CONDITIONS FOR DISMISSAL 39,8 7 3 REGULATIONS FOR DISCIPLINARY ACTION 39.
8 7 4 CIRCUMSTANCES EXCLUDING DISCIPLINARY PROCEDURES 39. 8 7 5 SETTLING DISCIPLINARY ISSUES 40,8 7 6 MATERIAL LIABILITY 40. 9 OCCUPATIONAL HEALTH SAFETY OSH 41,9 1 GENERAL OSH 41. 9 2 OSH TRAINING 41,9 3 OSH COUNCIL 41,9 3 1 HEALTH AND SAFETY OFFICERS 42. 9 3 2 OSH COLLABORATORS NETWORK 42,9 4 HEALTH AND SAFETY REGULATIONS 42. 9 5 HEALTH CARE AND FIRST AID 43,9 5 1 MEDICAL FACILITIES 43.
9 5 2 FIRST AID KITS 43,9 5 3 PERIODICAL HEALTH EXAMINATIONS 44. 9 6 FACILITY REQUIREMENTS 44,9 7 NOISE AIR QUALITY TEMPERATURE AND LIGHTING 45. 9 8 WEIGHTS AND MEASURES 45,9 9 PERSONAL PROTECTIVE EQUIPMENT PPE 45. 9 9 1 TASKS REQUIRING PPE 46,9 9 2 PPE IN THE GARMENT INDUSTRY 46. 9 10 MACHINE SAFETY 46,9 11 FIRE SAFETY 47,9 11 1 FIRE TRAINING DRILLS AND EVACUATION 47.
9 11 2 INTERNAL REGULATIONS ON PREVENTING AND FIGHTING FIRES 47. 9 11 3 EVACUATION MAPS 48,9 11 4 SIGNBOARDS AND INSTRUCTION BOARDS 48. 9 11 5 EMERGENCY EXITS 48,9 11 6 EXIT SIGNS 48,9 11 7 EMERGENCY LIGHTS 49. 9 11 8 FIRE HOSES 49,9 11 9 FIRE ALARM SYSTEMS 49,9 11 10 FIRE EXTINGUISHERS 49. 9 12 ELECTRICAL SAFETY 50,9 13 CHEMICALS 50,9 13 1 DEFINITIONS 50. 9 13 2 REQUIREMENTS FOR ENTERPRISES 50, 9 13 3 RESPONSIBILITIES FOR ENSURING CHEMICAL SAFETY 51.
9 14 HAZARDOUS CHEMICALS 51,9 14 1 DEFINITION 51, 9 14 2 CHEMICAL SAFETY SHEETS FOR DANGEROUS SUBSTANCES MATERIAL SAFETY DATA SHEETS MSDS 52. 9 14 3 LABELING 52, 9 14 4 PACKAGES BARRELS AND TANKS USED FOR HAZARDOUS CHEMICALS 52. 9 14 5 STORING HAZARDOUS CHEMICALS 52,9 14 6 DISPOSAL OF HAZARDOUS CHEMICALS 53. 9 14 7 TRAINING FOR WORKERS AT RISK OF EXPOSURE TO HAZARDOUS CHEMICALS 53. 9 14 8 OBLIGATIONS OF ENTERPRISES 53,9 15 DORMITORIES 54. 9 16 DRINKING WATER 54, 9 17 DINING AND KITCHEN FACILITATES SANITATION AND HYGIENE 54.
9 18 ANNUAL INSPECTIONS OF WORK ENVIRONMENTS 55,9 19 WORK RELATED ACCIDENTS 55. 9 19 1 DUTIES OF EMPLOYERS 55,9 19 2 SUBSIDIES AND COMPENSATION 56. 9 19 3 SOCIAL INSURANCE AGENCY RESPONSIBILITIES 57. 9 20 REGULATIONS FOR REPORTING LABOR ACCIDENTS 57,10 WORKING HOURS AND REST TIME 58. 10 1 REGULAR HOURS 58,10 2 REST TIME 58,10 2 1 WEEKLY REST DAYS 58. 10 2 2 PAID BREAKS 58,10 3 OVERTIME 59,10 4 NIGHT SHIFTS 59.
10 5 FEMALE EMPLOYEES 59,10 5 1 SPECIAL WORK AND REST TIME REQUIREMENTS 59. 10 5 2 MATERNITY BENEFITS 60, APPENDIX 1 REGION BASED MINIMUM WAGES SECTION 7 2 61. APPENDIX 2 LIST OF DISEASES REQUIRING LONG TERM TREATMENT 7 13 5 63. APPENDIX 3 PROCEDURES FOR UNILATERALLY TERMINATING A LABOR CONTRACT 64. SECTION 8 5 2 3, APPENDIX 4 PROCEDURES FOR SETTLEMENT OF A COLLECTIVE DISPUTE SECTION 4 2 65. APPENDIX 5 PROCEDURE FOR A LAWFUL STRIKE SECTION 4 3 66. APPENDIX 6 REQUIRED OSH TRAINING CONTENT 66,APPENDIX 7 OHS GOOD PRACTICE EXAMPLES 67. APPENDIX 8 FOREIGN EMPLOYEES 69,1 HIRING FOREIGNERS 69.
2 APPLICATIONS FOR ISSUING A WORK PERMIT 69,ABBREVIATIONS. CBA Collective Bargaining Agreement, DOLISA Department of Labor Invalids and Social Affairs. FoL Federation of Labor,HI Health Insurance, MOLISA Ministry of Labor Invalids and Social Affairs. MSDS Material Safety Data Sheet,OSH Occupational Health and Safety. OSH Committee Occupational Health and Safety Committee. OT Overtime,PPE Personal Protective Equipment,SI Social Insurance.
SOE State Owned Enterprise,UI Unemployment Insurance. 1 MINIMUM WORKING AGE,1 1 Definitions,LABOR LAW ARTICLE 6. Child labor is prohibited All employees must be at least 15 years old There are 120. special considerations for young employees under 18. RESOLUTION 02 H TP, Note 1 This Labor Law Guide book is designed specifically for the garment industry in which the minimum working TANDTC Q. age is 15 years of age, Note 2 If a person s Identification Card ID does not show the day and month of birth the default day and month of. birth is December 31 of the year,1 2 Protecting young employees.
A young employee is between the ages of 15 and 18 years old LABOR LAW ARTICLE 119. An employer can sign a labor contract with young employees with the following. conditions CIRCULAR 09 1995 TT LB, Working hours do not exceed 7 hours per day or 42 hours per week. Annual leave of 14 days per year,Overtime or night shifts are not allowed. Difficult and hazardous jobs are prohibited, Workers under age 18 should not i be engaged in heavy work ii be exposed to. hazardous chemicals or high levels of vibration iii work in places that exceed 45 C. in the summer or 40 C in the winter iv operate boiler lifting machines v work. in high places or vi work under conditions that are not suitable for their mental. or psychological well being The latter could occur if young workers are frequently. shouted at insulted or struck, Example Nguyen Van A was born on September 10th 1992 He joined Happy Clothing Factory on May 19th. 2010 On the day he joined the factory he was only 17 years and 8 months old Although close to being 18. years old he was still classified as a young employee until reaching his 18th birthday. 1 3 Documentation for young employees, An employer must keep a registered log book for monitoring work conditions for LABOR LAW ARTICLE 119.
young employees Information must include,Date of birth. Work assignments,Results of periodic health checks. Records of workers under 18 years of age should include both workers who are. working at the factory premises and off site,2 TRADE UNION. The Trade Union exists to represent and protect the lawful rights and interests of the. TRADE UNION LAW,2 1 Establishing a Trade Union, The local or industry Federation of Labor FoL is responsible for setting up a pro LABOR LAW ARTICLE 153. visional Trade Union at enterprises with at least 5 union members within 6 months JOINT CIRCULAR 01 2007. of the start of operations,TTLT TL L VN BL TBXH, Within 12 months the temporary Executive Board must suggest to the higher SECTION II POINT 1 4.
level Trade Union to issue the decision to set up a permanent company Trade. 2 2 Trade Union representatives rights responsibilities. Represent the workers in negotiating and signing a Collective Bargaining LABOR LAW ARTICLE 155. Agreement CBA 174D, Work with the employer to inspect and assess compliance with regulations DECREE 302 1992 N H BT. policies labor safety and hygiene and environmental protection. ARTICLE 3 4 5 13 14, Educate and encourage employees to implement policies and regulations and to. take action to ensure labor safety and hygiene DECREE 133 1991 N H BT. ARTICLE 6 12, Participate in the investigation of industrial accidents. DECREE 96 2006 N CP, Consult with the enterprise in handling complaints and labor disputes. Trade Union representatives are entitled to at least three working days of leave. DECISION 81 1996 Q TL, per case with full pay to resolve a collective labor dispute A part time Trade Union.
representative is entitled to spend time during working hours to carry out Trade CHAPTER 2 ARTICLE 4 5. Union activities with full pay based on the following number of employees. Under 150 employees at least three days each month. Over 150 employees six days each month,2 3 Employer rights responsibilities. LABOR LAW ARTICLE 154,The employer is required to 155. Cooperate closely with the Trade Union and create favorable conditions for the. Trade Union to carry out its activities,DECREE 96 2006 N CP. Key activities of the Trade Union which the employer should facilitate include. DECISION 81 Q TL ARTICLE 4, Representing employees in signing collective bargaining agreements CBAs. Checking labor contracts for compliance with the labor laws LABOR LAW ARTICLE 17 38. 45 57 60 64 76 82 87 92, Providing input for the hiring and or dismissal of workers.
Monitoring the provision of personal protective equipment PPEs. TRADE UNION LAW ARTICLE, Participating in the development of social insurance and policies relating to the. rights and responsibilities of employees,OFFICIAL LETTER 703 HD TL.

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