Decree 145/2020/ND-CP detailing and guiding the implementation of a number of articles of the Labor Code on labor conditions and labor relations

DECREE

DETAILED PROVISIONS AND INSTRUCTIONS FOR IMPLEMENTATION OF SOME ARTICLES OF THE LABOR CODE ON LABOR CONDITIONS AND LABOR RELATIONS

Pursuant to the June 19, 6 Law on Government Organization; The Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Organization of Local Government dated November 2015, 22;

Pursuant to the Labor Code dated 20 of month 11 year 2019;

Pursuant to the November 17, 6 Investment Law;

Pursuant to the Enterprise Law dated June 1, 7;

At the request of the Minister of Labor - Invalids and Social Affairs;

The Government promulgates a Decree detailing and guiding the implementation of a number of articles of the Labor Code on labor conditions and labor relations.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree details and guides the implementation of a number of contents on labor conditions and labor relations according to the following articles and clauses of the Labor Code:

1. Labor management according to Clause 3, Article 12.

2. Labor contract under Clause 4, Article 21; Point d Clause 1 Article 35, Point d Clause 2 Article 36; Clause 4, Article 46; Clause 4 Article 47; Clause 3, Article 51.

3. Labor sub-lease according to Clause 2, Article 54.

4. Organize a dialogue and implement the grassroots democracy regulation at the workplace according to Clause 4, Article 63.

5. Salary according to Clause 3, Article 92; Clause 3, Article 96; Clause 4, Article 98.

6. Working time and rest time according to Clause 5, Article 107, Clause 7 Article 113, Article 116.

7. Labor discipline, material responsibility according to Clause 5, Article 118; Clause 6 Article 122; Clause 2 Article 130; Article 131.

8. Female workers and ensuring gender equality under Clause 6, Article 135.

9. Labor is a domestic helper according to Clause 2, Article 161.

10. Settlement of labor disputes according to Clause 2, Article 184; Clause 6 Article 185; Clause 2 Article 209; Clause 2, Article 210.

Article 2. Subject of application

1. Employees, apprentices and apprentices under Clause 1, Article 2 of the Labor Code.

2. Employers according to Clause 2, Article 2 of the Labor Code.

3. Other agencies, organizations and individuals involved in the implementation of the provisions of this Decree.

Chapter II

LABOR MANAGEMENT

Article 3. Labor management book

The establishment, update, management and use of the labor management book specified in Clause 1, Article 12 of the Labor Code are prescribed as follows:

1. Within 30 days from the date of commencement of operation, the employer must make a labor management book at the place where the head office, branch or representative office is located.

2. The labor management book is made in paper or electronic form but must ensure basic information about the employee, including: full name; sex; date of birth; nationality; residence; ID card number or National ID card or passport; Technical qualification; vocational skill level; employment position; type of labor contract; the time of starting work; social insurance; salary; raise rank, raise salary; number of days off in the year; overtime hours; vocational training, training, retraining and improvement of vocational skills; labor discipline, material responsibility; occupational accidents, occupational diseases; the time of termination of the labor contract and the reason.

3. The employer is responsible for displaying and updating the information specified in Clause 2 of this Article from the date the employee starts working; manage, use and present the labor management book to the labor management agency and relevant agencies upon request as prescribed by law.

Article 4. Employee reports

The declaration to the employer and periodical report on changes in labor in Clause 2, Article 12 of the Labor Code is prescribed as follows:

1. Employers declare their employment in accordance with the Government's Decree No. 122/2020/ND-CP dated October 15, 10 providing for coordination and interconnection of procedures for enterprise establishment registration. , branches, representative offices, declare the use of employees, issue codes of units participating in social insurance, register to use invoices of enterprises.

2. Every 06 months (before June 05) and annually (before December 6), the employer must report the situation of labor change to the Department of Labor, War Invalids and Social Affairs for approval. The National Public Service Portal is made according to Form No. 05/PLI, Appendix I, issued together with this Decree and notified to the district-level social insurance agency where its head office, branch or representative office is located. In case the employer is unable to report the change of labor through the National Public Service Portal, it shall send a report in paper form according to Form No. 12/PLI Appendix I issued together with this Decree to the Department of Labor. Labor - Invalids and Social Affairs and notify the district social insurance agency where the head office, branch or representative office is located.

The Department of Labor, War Invalids and Social Affairs is responsible for summarizing changes in labor in case the employer sends a paper report to update all information according to Form No. 02/PLI Appendix I promulgated together with this Decree.

3. Every 06 months, before June 15 and every year, before December 6, the Department of Labor - Invalids and Social Affairs is responsible for reporting to the Ministry of Labor - Invalids and Social Affairs on the usage situation. local laborers through the National Public Service Portal according to Form No. 15/PLI Appendix I issued together with this Decree.

In case the Department of Labor, War Invalids and Social Affairs is unable to report the employment situation through the National Public Service Portal, it shall send a paper report to the Ministry of Labor, War Invalids and Social Affairs using Form No. 02. /PLI Appendix I promulgated together with this Decree.

Chapter III

LABOR CONTRACT

Section 1. CONTENTS OF LABOR CONTRACT FOR EMPLOYEES ARE HENTED TO BE DIRECTORS IN ENTERPRISE WITH STATE capital capital

Article 5. Contents of labor contracts for employees hired as directors in enterprises in which 100% of the charter capital is held by the State or the State holds more than 50% of the charter capital or the total number of entitled shares voting

Labor contracts for employees hired as directors in enterprises in which 100% of the charter capital is held by the State or the State holds more than 50% of the charter capital or the total number of voting shares specified in Clause 4 Article 21 of the Labor Code includes the following main contents:

1. Name and address of the head office of the enterprise according to the enterprise registration certificate; full name, date of birth, ID card number or ID card or passport, phone number, contact address of the Chairman of the Members' Council or the President of the company or the Chairman of the Board of Directors .

2. Full name; date of birth; sex; nationality; degree training; address of residence in Vietnam, address of place of residence abroad (for foreign workers); ID card number or National ID card or passport; phone number, contact address; number of a work permit issued by a competent state agency or a written confirmation of not being eligible for a work permit; other documents at the request of the employer (for foreign employees) if any of the employee hired as a director.

3. The work to be done, not to do and the obligations associated with the job performance of the employee hired as the director.

4. Working location of employees hired as directors.

5. The maximum term of a labor contract agreed upon by the two parties shall not exceed 36 months. For foreign employees hired as directors, the term of the labor contract must not exceed the duration of the work permit issued by a competent state agency.

6. Contents, time limit, responsibility to protect business secrets and technology secrets of enterprises for employees hired as directors and handle violations.

7. Rights and obligations of the employer, including:

a) Provide information to employees hired as directors to perform tasks;

b) Inspect, supervise and evaluate the performance of the person hired as a director;

c) Rights and obligations as prescribed by law;

d) Issue working regulations for the director;

dd) To perform obligations towards employees hired as directors in terms of: salary and bonus payment; pay social insurance, health insurance, unemployment insurance; provide means of work, travel, food and accommodation; training and retraining;

e) Other rights and obligations as agreed upon by the two parties.

8. Rights and obligations of employees hired as directors, including:

a) Perform jobs according to the labor contract;

b) Report and propose solutions to handle difficulties and problems in the process of performing jobs under the labor contract;

c) Report on management and use of capital, assets, labor and other resources;

d) To enjoy the following regimes: salary, bonus; working time, rest time; provide means of work, travel, food and accommodation; social insurance, health insurance, unemployment insurance; training and retraining; other regimes agreed upon by the two parties;

d) Other rights and obligations as agreed upon by the two parties.

9. Conditions, processes and procedures for amending and supplementing labor contracts, unilaterally terminating labor contracts.

10. Rights and obligations of employers and employees hired as directors upon termination of labor contracts.

11. Labor discipline, material responsibility, settlement of labor disputes and complaints.

12. Other contents as agreed by both parties.

Article 6. Contents of labor contracts for employees hired as directors in enterprises in which 50% of charter capital is held by the State or of the total number of voting shares or less

The content of the labor contract for an employee hired as a director in an enterprise in which 50% of the charter capital is held by the State or the total number of voting shares or less shall comply with the provisions of Clause 1 of this Article. 21 of the Labor Code.

Section 2. TERMINATION OF LABOR CONTRACT

Article 7. Time limit for notice before unilaterally terminating labor contracts for a number of specific industries, trades and jobs

Specific industries, occupations and jobs and the notice period for unilateral termination of the labor contract specified at Point d, Clause 1, Article 35 and Point d, Clause 2, Article 36 of the Labor Code are as follows:

1. Specific industries, occupations and jobs include:

a) Aircraft pilot crew members; aircraft maintenance technicians, aviation repairmen; flight dispatchers and operators;

b) The person who manages the enterprise according to the provisions of the Law on Enterprises; Law on management and use of state capital invested in production and business in enterprises;

c) Crew members working on board Vietnamese ships operating overseas; seafarers who are leased by Vietnamese enterprises to work on foreign ships;

d) Other cases prescribed by law.

2. When an employee does the industry, trade or job specified in Clause 1 of this Article unilaterally terminates the labor contract or the employer unilaterally terminates the labor contract for these employees, The notice period is as follows:

a) At least 120 days for an indefinite term labor contract or a definite term labor contract of 12 months or more;

b) At least equal to one-quarter of the term of the labor contract, for labor contracts with a term of less than 12 months.

Article 8. Job severance allowance and job loss allowance

1. Employers are responsible for paying severance allowances as prescribed in Article 46 of the Labor Code to employees who have worked regularly for them for full 12 months or more when the labor contract is signed. terminated according to the provisions of Clauses 1, 2, 3, 4, 6, 7, 9 and 10, Article 34 of the Labor Code, except for the following cases:

a) Employees are eligible for pension under the provisions of Article 169 of the Labor Code and the law on social insurance;

b) The employee voluntarily quits his/her job without a valid reason for 05 consecutive working days or more specified at Point e, Clause 1, Article 36 of the Labor Code. The case is considered to have a legitimate reason as prescribed in Clause 4, Article 125 of the Labor Code.

2. Employers are responsible for paying job loss allowances according to the provisions of Article 47 of the Labor Code to employees who have worked regularly for them for full 12 months or more but lose their jobs. comply with the provisions of Clause 11 Article 34 of the Labor Code.

In case the employee who has worked regularly for the employer for 12 months or more loses his job, but the working time for calculating the unemployment allowance specified in Clause 3 of this Article is less than 24 months then the employer is responsible for paying job loss allowance to the employee at least equal to 02 months' salary.

3. Working time for calculation of severance pay or job loss allowance is the total time the employee has actually worked for the employer minus the time the employee has participated in unemployment insurance. According to the provisions of the law on unemployment insurance and working time, the employer has paid severance allowance or job loss allowance, in which:

a) The total time the employee has actually worked for the employer, including: the time the employee has directly worked; probationary period; time sent by the employer to study; the period of leave to enjoy the sickness and maternity benefits in accordance with the law on social insurance; time off work for treatment, occupational rehabilitation in case of occupational accident or occupational disease, which is paid by the employer in accordance with the law on occupational safety and sanitation; time off from work to perform civic duties as prescribed by law, which is paid by the employer; the time off work is not due to the fault of the employee; weekly leave according to Article 111, full pay leave according to Article 112, Article 113, Article 114, Clause 1 Article 115; the time for performing the tasks of the representative organization of employees as prescribed in Clauses 2 and 3 of Article 176 and the time of being temporarily suspended from work according to Article 128 of the Labor Code.

b) The time the employee has participated in unemployment insurance includes: the time the employee has participated in unemployment insurance according to the provisions of law and the time the employee is not required to participate in unemployment insurance. as prescribed by law, but is paid by the employer together with the employee's salary an amount equivalent to the level of unemployment insurance premium paid by the employer in accordance with the provisions of the law. Labor law, unemployment insurance.

c) Working time for calculation of severance pay or job loss allowance of employees is calculated by year (full 12 months); in case of odd months less than or equal to 06 months, it is calculated as 1/2 year, over 06 months is counted as 01 working year.

4. Determine the time the employee has actually worked for the employer specified at Point a, Clause 3 of this Article in some special cases:

a) For enterprises with 100% state capital or enterprises equitized from state enterprises, upon termination of the labor contract with an employee but the employee has worked for an agency or organization for a period of time; , unit, enterprise in the state sector and moved to work at that enterprise before January 01, 01 but have not received severance allowance or job loss allowance or lump-sum allowance when serving or supporting If the employee is demobilized or transferred to another industry, the employer is responsible for calculating both the time the employee has actually worked for him and the time the employee has actually worked in the state sector before.

Actual working time at agencies, organizations, units and enterprises in the state sector before January 01, 01 includes: actual working time in state agencies; business units-public; political organizations; social and political organizations; units of the armed forces receive salaries from the state budget; working time in state-owned enterprises.

b) In case the employee works for the employer under many consecutive labor contracts as prescribed in Clause 2, Article 20 of the Labor Code, but when terminating each labor contract, no payment has been received. severance allowance, redundancy allowance, the actual working time for the employer is the total working time under the labor contracts minus the actual working time under the declared labor contract. completely invalidated because the entire content of the labor contract violates the law or the work entered into the labor contract is a job prohibited by law, the labor contract in which the employee is disciplined fired employees, labor contracts that the employee unilaterally terminates illegally (if any).

c) In case the employee continues to work at the enterprise or cooperative under the labor use plan specified in Clause 1, Article 44 of the Labor Code after the division, separation, consolidation or merger; selling, leasing, converting the type of business; transfer of ownership or right to use property, the employer is responsible for determining the time the employee has actually worked for the employer in order to calculate and pay severance pay or job loss allowance. do the following:

c1) In case the labor contract is terminated according to the provisions of Clauses 1, 2, 3, 4, 6, 7, 9 and 10, Article 34 of the Labor Code, the time the employee has actually worked for the employer is calculated to pay severance allowance which is the total actual working time under the labor contracts for the employer before and after the division, separation, consolidation or merger; selling, leasing, converting the type of business; transfer of ownership and right to use property.

c2) In case the labor contract is terminated according to the provisions of Clause 11 Article 34 of the Labor Code, the time the employee has actually worked for the employer for which the unemployment allowance is calculated is the total actual working time according to the labor contract for the employer after the division, separation, consolidation or merger; selling, leasing, converting the type of business; transfer of ownership and right to use property. The time the employee has actually worked for the employer for which severance allowance is calculated is the actual working time according to the labor contracts for the employer before the division, separation or consolidation. , merger; selling, leasing, converting the type of business; transfer of ownership and right to use property.

c3) The employer is responsible for paying severance allowance for the entire time the employee worked in the state sector and was last recruited before January 01, 01 into the enterprise before the employee was divided. , split, merge, merge; selling, leasing, converting the type of business; transfer the right to own and use the property according to the provisions of point a of this clause.

5. The salary used to calculate the severance allowance or job loss allowance is prescribed as follows:

a) The salary used to calculate the severance allowance or job loss allowance is the average salary of 06 consecutive months under the labor contract before the employee quits or loses his/her job.

b) In case the employee works for the employer under many successive labor contracts as prescribed in Clause 2, Article 20 of the Labor Code, the salary used to calculate the severance allowance or loss allowance shall be the same. Employment is the average salary of 06 consecutive months according to the labor contract before the termination of the last labor contract. In case the final labor contract is declared invalid because the salary content is lower than the regional minimum wage announced by the Government or the salary stated in the collective labor agreement, the salary used as the basis for calculation of benefits shall be determined. The severance allowance shall be agreed upon by the two parties but must not be lower than the regional minimum wage or the salary stated in the collective labor agreement.

6. Funds for payment of severance allowance and job loss allowance for employees shall be accounted into production and business expenses or the employer's operating expenses.

Section 3. HANDLING OF VOID LABOR CONTRACTS

Article 9. Handling of partially invalid labor contracts

The handling of partially invalid labor contracts in Clause 1, Article 51 of the Labor Code is prescribed as follows:

1. When a labor contract is declared partially invalid, the employer and the employee shall amend and supplement the part of the labor contract which is declared invalid to be consistent with the labor agreement. collectives and the law.

2. The rights, obligations and interests of the two parties during the period from the time they start working under the labor contract that are declared partially invalid to the time the labor contract is amended or supplemented, shall be settled according to the provisions of this Law. collective labor agreement is applied, in case there is no collective bargaining agreement, the provisions of law shall apply.

In case a labor contract is declared invalid with a salary lower than that prescribed by the applicable labor law or collective bargaining agreement, the two parties must re-negotiate the salary according to regulations and standards. The employer is responsible for determining the difference between the renegotiated salary and the salary in the declared invalid labor contract in order to refund the employee in proportion to the actual working time. under the labor contract is declared invalid.

3. In case the two parties do not agree to amend and supplement the declared invalid contents:

a) Implement the termination of the labor contract;

b) The rights, obligations and interests of the two parties from the time they start working under the labor contract are declared partially invalidated until the termination of the labor contract are implemented in accordance with Clause 2 of this Article;

c) Settlement of severance allowance according to the provisions of Article 8 of this Decree;

d) The working time of an employee under a labor contract that is declared invalid is counted as the time the employee works for the employer as a basis for implementing the regime as prescribed by law. about labor.

4. Other issues related to the handling of partially invalid labor contracts fall under the court's jurisdiction to settle in accordance with the Civil Procedure Code.

Article 10. Handling of a labor contract that is completely invalid due to the person entering into it not within the competence or violating the principles of entering into a labor contract

1. When the labor contract is declared invalid in its entirety, the employee and the employer shall re-sign the labor contract in accordance with the provisions of law.

2. The rights, obligations and interests of employees from the time they start working under the labor contract are declared invalid until the labor contract is re-signed are as follows:

a) If the rights and interests of each party in the labor contract are not lower than the provisions of law or the applicable collective bargaining agreement, the rights, obligations and interests of the employee shall be performed in accordance with the provisions of this Law. labor contract is declared invalid;

b) If the labor contract contains the rights, obligations and interests of each party that violate the law but does not affect the other contents of the labor contract, the rights, obligations and interests of the employee are not affected. action to comply with Clause 2, Article 9 of this Decree;

c) The time the employee works under the labor contract which is declared invalid is counted as the working time of the employee for the employer to serve as a basis for the implementation of the regime as prescribed by law. about labor.

3. In case of failure to re-sign a labor contract that is declared invalid in its entirety, then:

a) Implement the termination of the labor contract;

b) The rights, obligations and interests of the employee from the time he starts working under the labor contract is declared invalid until the termination of the labor contract shall comply with the provisions of Clause 2 of this Article. ;

c) Settlement of severance allowance according to the provisions of Article 8 of this Decree.

4. Other issues related to the handling of a labor contract that is completely invalid due to the person entering into it not within its competence or violating the principles of entering into a labor contract fall within the Court's jurisdiction to settle as prescribed. of the Civil Procedure Code.

Article 11. Handling of a labor contract that is completely invalid because the entire content of the labor contract violates the law or the work entered into the labor contract is a job prohibited by law

1. When a labor contract is declared completely invalid, the employee and the employer enter into a new labor contract in accordance with the provisions of law.

2. The rights, obligations and interests of employees from the time they start working under the labor contract are declared invalid until the new labor contract is signed, comply with the provisions of Clause 2, Article 10. this Decree.

3. In case the two parties do not enter into a new labor contract, then:

a) Implement the termination of the labor contract;

b) The rights, obligations and interests of employees from the time they start working under the labor contract are declared invalid until the termination of the labor contract are implemented in accordance with Clause 2 of this Article;

c) The employer pays the employee an amount agreed upon by the two parties, but for each working year at least equal to one month's monthly regional minimum wage applicable to the area where the employee works under the Government. Government regulations at the time of decision to declare the labor contract invalid. The working time of an employee to calculate the allowance is the actual working time according to the declared invalid labor contract determined according to Point a, Clause 3, Article 8 of this Decree;

d) Settlement of severance allowance for labor contracts before the labor contract is declared invalid as prescribed in Article 8 of this Decree, if any.

4. Other issues related to the handling of a labor contract that is completely invalid because the entire content of the labor contract violates the law or the work entered into the labor contract is a job that is legally illegal. Prohibited laws fall under the jurisdiction of the Court in accordance with the Civil Procedure Code.

Chapter IV

LABOR RENTAL

Section 1. GENERAL PROVISIONS ON LABOR RENTAL

Article 12. Labor outsourcing enterprises

Labor outsourcing enterprise means an enterprise established under the Enterprise Law, granted a license for labor outsourcing, recruiting, entering into labor contracts with employees, and then transfer the employee to work and be under the management of another employer while still maintaining the labor relationship with the enterprise that has entered into a labor contract (hereinafter referred to as the sub-leasing enterprise).

Article 13. Labor outsourcing party

Outsourcing party is an enterprise, agency, organization, cooperative, household or individual with full civil act capacity, and employs the outsourced employee to do the jobs listed in the list. work items that are allowed to re-hire labor for a certain period of time.

Article 14. Outsourced employees

Re-employee is an employee with full civil act capacity, recruited by the sub-leasing enterprise and entered into a labor contract, then transferred to work and under the management of the sub-contractor. labor.

Section 2. ESCROW OF A Leasing Enterprise

Article 15. Deposit and use of deposit

1. Enterprises shall make deposits at the level specified in Clause 2, Article 21 of this Decree at Vietnamese commercial banks or foreign bank branches lawfully established and operating in Vietnam (hereinafter referred to as: deposit receiving bank).

2. The deposit is used for the purpose of salary payment, social insurance, health insurance, unemployment insurance, occupational accident and occupational disease insurance and other benefits for employees. the sublease as agreed upon in the labor contract, the collective labor agreement, the rules and regulations of the subleasing enterprise or to compensate the outsourced worker in case the subleasing enterprise violates the contract. labor contract with the outsourced employee or cause damage to the subcontracted employee due to failure to ensure the legitimate rights and interests of the outsourced employee.

Article 16. Deposit of deposit

1. The subleasing enterprise shall pay the deposit according to the regulations of the deposit receiving bank and comply with the provisions of law. The sub-leasing enterprise is entitled to interest from the deposit according to the agreement with the deposit receiving bank and in accordance with the provisions of law.

2. The escrow-receiving bank shall issue a certificate of deposit for the outsourcing operation according to Form No. 01/PLIII Appendix III issued together with this Decree after the subleasing enterprise completes the procedures. deposit procedures. In case of change of one of the information on the certificate of deposit for the outsourcing operation, including: name of the enterprise; head office address; the escrow account number, the subleasing enterprise shall send a written request and documents proving the change of information to the escrow bank to change the certificate of deposit for the outsourcing operation.

Article 17. Management of deposits

1. The escrow-receiving bank is responsible for freezing the entire deposit amount of the subleasing enterprise, managing the deposit in accordance with the law on escrow.

2. The escrow-receiving bank shall allow the subleasing enterprise to withdraw the deposit, extract the deposit and request the subleasing enterprise to additionally pay the deposit in accordance with the provisions of Articles 18, 19 and Article 20 of this Law. XNUMX this Decree.

3. The escrow-receiving bank may not allow the lessor to withdraw the deposit without the written consent of the President of the People's Committee of the province or city under central authority (hereinafter referred to as the Chairman of the People's Committee of the province or city under central authority). Chairman of the Provincial People's Committee).

Article 18. Withdrawal of deposit

1. The President of the People's Committee of the province where the subleasing enterprise is headquartered agrees to allow the subleasing enterprise to withdraw the deposit when the enterprise falls into one of the following cases:

a) The subleasing enterprise encounters difficulties and does not have enough financial resources to pay full wages, social insurance, health insurance, unemployment insurance, occupational accident and occupational disease insurance and other Other regimes for the subcontracted employee as agreed in the labor contract, collective labor agreement, internal rules and regulations of the sub-leasing enterprise after a period of 30 days from the date of payment. accounting according to the provisions of law;

b) The subleasing enterprise faces difficulties and cannot afford to compensate the outsourced worker due to a breach of the labor contract with the outsourced employee or causes damage to the outsourced employee because of failure to secure the contract. legitimate rights and interests of the outsourced worker after 60 days from the date of arrival of the compensation time limit as prescribed by law;

c) The enterprise is not licensed;

d) The subleasing enterprise has its license revoked or its license is not renewed or re-issued;

dd) The subleasing enterprise has made an escrow deposit at a Vietnamese commercial bank or another branch of a foreign commercial bank in Vietnam.

2. Dossier to request the President of the People's Committee of the province to withdraw the deposit to be sent to the Department of Labor, War Invalids and Social Affairs, including:

a) A written request for withdrawal of the deposit from the subleasing enterprise;

b) The plan to use the withdrawal amount from the escrow account, including: reason, purpose of deposit withdrawal; list, number of employees, amount, time and method of payment in case of deposit withdrawal specified at Points a and b, Clause 1 of this Article;

c) A report on the fulfillment of obligations and a document proving the fulfillment of the obligations to the subcontracted employee in the case of withdrawal of the deposit specified at Point d, Clause 1 of this Article;

d) Certificate of deposit for labor outsourcing, in case of withdrawal of deposit specified at Point dd, Clause 1 of this Article.

3. Dossier for withdrawal of deposit to send to the receiving bank, including:

a) A written request for deposit withdrawal from the subleasing enterprise as prescribed at Point a, Clause 2 of this Article;

b) Written consent on deposit withdrawal of the President of the provincial People's Committee, made according to Form No. 02/PLIII Appendix III issued together with this Decree;

c) Deposit withdrawal documents as prescribed by the deposit receiving bank (if any).

4. Order and procedures for deposit withdrawal are as follows:

a) The sub-leasing enterprise shall submit 01 set of documents specified in Clause 2 of this Article at the Department of Labor, War Invalids and Social Affairs where the enterprise's head office is located;

b) The Department of Labor, War Invalids and Social Affairs receives the application, checks it and issues a receipt clearly stating the date, month and year of receipt of the complete application. Within 05 working days from the date of receipt of complete application for withdrawal of deposit from the sub-lessor, the Department of Labor, War Invalids and Social Affairs shall check and verify the application file of the lessor. and the fulfillment of obligations towards the sub-leasing employee by the sub-leasing enterprise in the case specified at Point d, Clause 1 of this Article and submitting to the President of the provincial-level People's Committee for consent for the sub-leasing enterprise. deposit withdrawal;

c) Within 05 working days from the date of receiving the dossier submitted by the Department of Labor, War Invalids and Social Affairs, the chairperson of the provincial People's Committee shall give written consent on the withdrawal of the deposit and the plan to withdraw the deposit. use the deposit (if any) to send it to the subleasing enterprise and the deposit receiving bank. In case of disagreement on the withdrawal of the deposit, the President of the People's Committee of the province shall send a written reply to the subleasing enterprise, clearly stating the reasons for disagreement;

d) After obtaining the written consent of the President of the People's Committee of the province on the withdrawal of the deposit, the subleasing enterprise shall submit the application as prescribed in Clause 3 of this Article at the deposit receiving bank;

dd) The escrow-receiving bank shall receive and examine the deposit withdrawal dossier of the subleasing enterprise; if it is correct, the escrow-receiving bank for the subleasing enterprise shall withdraw the deposit within the prescribed time limit. 01 working day from the date of receipt of deposit withdrawal documents.

In case of withdrawal of the deposit as prescribed at Points a and b, Clause 1 of this Article, the payment and compensation to the subcontracted employee shall be directly paid by the escrow-receiving bank according to the plan approved by the President. Provincial People's Committee agrees after deducting the cost of banking services.

Article 19. Deduction of deposit when the sub-leasing enterprise fails to fulfill its obligations towards the sub-contractor

1. When 60 days after the due date, the enterprise has not yet paid the benefits and benefits for the outsourced worker specified in Clause 2, Article 15 of this Decree, the Department of Labor, War Invalids and Social Affairs shall issue a document. request the subleasing enterprise to pay the benefits and regimes for the sublease employee after discussing with the social insurance agency and other relevant agencies and organizations. After 10 days from the date the Department of Labor, War Invalids and Social Affairs issues a written request, but the subleasing enterprise does not make payment, there is no written request to withdraw the deposit to pay the employee benefits. The Department of Labor, War Invalids and Social Affairs shall request the President of the People's Committee of the province to deduct the deposit from the subleasing enterprise to pay the benefits and benefits for the outsourced employee according to the order and procedures. continue as follows:

a) The Department of Labor, War Invalids and Social Affairs requires the subleasing enterprise to report on the number and list of the sublease employees, the unpaid amount, compensation, benefits and benefits of each person. hired labor. Within 05 working days from the date of receiving the request of the Department of Labor, War Invalids and Social Affairs, the subleasing enterprise must complete the report. Within 03 working days from the date of receipt of the report of the subleasing enterprise, the Department of Labor, War Invalids and Social Affairs shall summarize and submit it to the President of the provincial People's Committee for decision on the deduction of the deposit from the sub-leasing enterprise. sub-lease enterprises to pay benefits to employees;

b) Within 05 working days from the date of receiving the request of the Department of Labor, War Invalids and Social Affairs, the President of the People's Committee of the province shall decide to deduct the deposit from the sub-leasing enterprise. The decision to deduct the deposit made according to Form No. 03/PLIII Appendix III issued together with this Decree;

c) Within 07 working days from the date of receipt of the decision of the President of the People's Committee of the province, the deposit receiving bank shall deduct the deposit from the subleasing enterprise and directly pay the customer. outsourced employees according to the list enclosed with the decision of the Chairman of the provincial People's Committee, after deducting the cost of banking services. The deposit of the leasing enterprise is paid in the order of priority: salary; social insurance, health insurance, unemployment insurance; insurance for occupational accidents, occupational diseases and other regimes for the outsourced employee as agreed in the labor contract, collective labor agreement, internal rules and regulations of the subleasing enterprise.

2. The Department of Labor, War Invalids and Social Affairs is responsible for supervising the payment and compensation for outsourced workers as prescribed in Clause 1 of this Article and reporting the implementation results to the People's Committee. provincial level.

Article 20. Additional deposit of deposit

1. Within 30 days from the date of withdrawal of the deposit for payment, for the cases specified at Points a and b, Clause 1, Article 18 and Article 19 of this Decree, the subleasing enterprise must additionally pay security deposit specified in Clause 2, Article 21 of this Decree.

2. Within 30 days after the expiration of the time limit specified in Clause 1 of this Article, if the subleasing enterprise fails to fully replenish the deposit, the escrow-receiving bank shall notify in writing. to the Department of Labor - Invalids and Social Affairs and the Chairman of the People's Committee of the province where the sub-leasing enterprise is headquartered. Within 15 days from the date of receipt of the notice of the deposit receiving bank, the Department of Labor, War Invalids and Social Affairs shall request the President of the People's Committee of the province to revoke the license of the enterprise as prescribed in Clause 4 of this Article. 28 Article XNUMX of this Decree.

Section 3. CONDITIONS, AUTHORITY, ORDER, PROCEDURES FOR ISSUANCE, RENEWAL, REGULATION, LICENSE REVOLUTION AND LIST OF JOBS TO BE PERFORMED FOR LABOR RENTAL

Article 21. Conditions for licensing

1. The legal representative of an enterprise performing labor outsourcing activities must satisfy the following conditions:

a) Being an enterprise manager according to the provisions of the Law on Enterprises;

b) No criminal record;

c) Having worked directly as a specialist or manager in labor outsourcing or labor supply for full 03 years (36 months) or more within 05 consecutive years before applying for a license.

2. The enterprise has made a deposit of 2.000.000.000 VND (two billion VND).

Article 22. Competence to grant, extend, re-grant and revoke permits

The President of the People's Committee of the province where the enterprise's head office is located has the authority to grant, extend, re-issue and revoke licenses for enterprises.

Article 23. License for labor outsourcing

1. Labor subleasing operation license printed on A4 size cardboard (21 cm x 29,7 cm); the front side shows the content of the license on a white background with a blue pattern, with the national emblem imprinted, with a black border; the back has the national insignia, the national emblem and the words "LICENSE ACTIVITIES FOR RENTAL" printed on a blue background.

2. The contents of the labor outsourcing license are made according to Form No. 04/PLIII, Appendix III issued together with this Decree.

3. The term of the license is prescribed as follows:

a) The maximum license term is 60 months;

b) The license can be renewed many times, each extension is 60 months at most;

c) The license term to be re-issued is equal to the remaining term of the previously issued license.

Article 24. Dossier of application for a license

1. The enterprise's written application for a license, made according to Form No. 05/PLIII, Appendix III issued together with this Decree.

2. A curriculum vitae of the legal representative of the enterprise, made according to Form No. 07/PLIII, Appendix III issued together with this Decree.

3. Judicial record card No. 1 according to the provisions of law on the judicial record of the legal representative of the enterprise. In case the representative is a foreigner who is not subject to the issuance of the No. 1 judicial record card, it shall be replaced with a judicial record card in the country of nationality.

Documents mentioned in this Clause shall be issued no more than 06 months before the date of application submission. Documents in foreign languages ​​must be translated into Vietnamese, authenticated and consularly legalized in accordance with law.

4. A document proving the period of direct experience as a professional or manager in labor sub-leasing or labor supply of the legal representative of the enterprise specified at Point c, Clause 1, Article 21 of this Decree is one of the following text types:

a) A certified true copy of the original labor contract or work contract or the decision on recruitment, appointment and assignment of duties of the legal representative of the enterprise;

b) A certified true copy of the original appointment decision (for persons working under the appointment system) or the written recognition of election results (for persons working under the electoral system) of the representative. according to the law of the enterprise or a copy of the certificate of business registration (for the case of the legal representative of the sub-lease or labor supply enterprise).

Documents specified at Points a and b of this Clause which are foreign documents must be translated into Vietnamese, authenticated and consularly legalized in accordance with law.

5. Certificate of deposit for outsourcing activities, made according to Form No. 01/PLIII, Appendix III issued together with this Decree.

Article 25. Order and procedures for licensing

1. An enterprise shall send a set of documents as prescribed in Article 24 of this Decree to the Department of Labor, War Invalids and Social Affairs where the enterprise's head office is located to apply for a license.

2. After checking all the papers specified in Article 24 of this Decree, the Department of Labor, War Invalids and Social Affairs shall issue a receipt clearly stating the date, month and year of receipt of the application for a permit.

3. Within 20 working days from the date of receipt of the secured application as prescribed, the Department of Labor, War Invalids and Social Affairs shall verify and submit it to the President of the provincial People's Committee for issuance of a license to the enterprise. .

In case the dossier is not secure as prescribed, within 10 working days from the date of receiving the dossier, the Department of Labor, War Invalids and Social Affairs shall send a written request to the enterprise to complete the dossier.

4. Within 07 working days from the date of receiving the dossier submitted by the Department of Labor - Invalids and Social Affairs, the President of the provincial People's Committee shall consider and grant the license to the enterprise; in case the license is not granted, the enterprise shall reply in writing, clearly stating the reason for not granting the license.

5. The license shall not be granted in the following cases:

a) Failing to meet the conditions specified in Article 21 of this Decree;

b) Used a fake license to conduct labor outsourcing activities;

c) Having a legal representative who used to be the legal representative of the enterprise whose license has been revoked for the reasons specified at Points d, dd and e, Clause 1, Article 28 of this Decree for 05 consecutive years. immediately before applying for a license for labor outsourcing;

d) Having a legal representative who used to be the legal representative of the enterprise using the fake license.

Article 26. License extension

1. Enterprises eligible for license renewal must ensure the following provisions:

a) Satisfy the conditions specified in Article 21 of this Decree;

b) Not falling into the case of license revocation as prescribed in Article 28 of this Decree;

c) Fully comply with the reporting regime specified in this Decree;

d) Dossier of application for license extension shall be sent to the Department of Labor, War Invalids and Social Affairs at least 60 working days before the expiry date of the permit.

2. A dossier of application for license extension includes:

a) The enterprise's written request for license extension, made according to Form No. 05/PLIII, Appendix III issued together with this Decree;

b) The document specified in Clause 5, Article 24 of this Decree;

c) Documents specified in Clauses 2, 3 and 4, Article 24 of this Decree, in case the enterprise applies for license renewal and changes its legal representative.

3. Order and procedures for license renewal

a) The enterprise sends a set of documents as prescribed in Clause 2 of this Article to the Department of Labor, War Invalids and Social Affairs where the enterprise is headquartered to request the extension of the license. After examining all the papers specified in Clause 2 of this Article, the Department of Labor, War Invalids and Social Affairs shall issue a receipt clearly stating the date, month and year of receipt of the application for license renewal;

b) Within 15 working days from the date of receipt of the secured dossier as prescribed, the Department of Labor, War Invalids and Social Affairs shall verify and submit to the Chairman of the provincial People's Committee to extend the license for the enterprise. Karma. If the application is not secure as prescribed, within 7 working days from the date of receipt of the application, the Department of Labor, War Invalids and Social Affairs shall send a written request to the enterprise to complete the application;

c) Within 07 working days from the date of receiving the dossier submitted by the Department of Labor, War Invalids and Social Affairs, the chairperson of the provincial People's Committee shall consider and extend the license for the enterprise; In case the license is not renewed, the enterprise shall reply in writing, clearly stating the reason for not renewing the license.

4. For a sub-leasing enterprise that does not meet the requirements specified in Clause 1 of this Article or falls into the case specified in Clause 5, Article 25 of this Decree, the President of the provincial-level People's Committee shall reply in writing to the enterprise. know and clearly state the reason for not renewing.

Article 27. Re-issuance of permits

1. The sub-leasing enterprise shall request the President of the provincial-level People's Committee to re-issue the license in the following cases:

a) Change one of the contents of the issued license, including: name of the enterprise; the address of the head office but still in the province where the license has been granted; the legal representative of the enterprise;

b) The license is lost;

c) The license is damaged and does not contain all the information on the permit;

d) Change the address of the head office to a different province than the place where the license has been granted.

2. Dossier of application for license re-issuance is as follows:

a) A written request for re-issuance of the license, made according to Form No. 05/PLIII, Appendix III issued together with this Decree;

b) A copy of the business registration certificate in case the enterprise name or head office address is changed but it is still located in the province where the license has been granted, or the license is damaged without complete information on it. license;

c) Documents specified in Clauses 2, 3 and 4, Article 24 of this Decree, in case the enterprise changes its legal representative;

d) Documents specified in Clauses 2, 3, 4 and 5, Article 24 of this Decree, in case the license is lost;

dd) The license has been granted previously, for the case specified at Points a and c, Clause 1 of this Article.

3. Order and procedures for re-issuance of permits for the cases specified at Points a, b and c, Clause 1 of this Article are as follows:

a) The enterprise sends a set of documents as prescribed in Clause 2 of this Article to the Department of Labor, War Invalids and Social Affairs where the enterprise's head office is located to request the re-issuance of the license. After examining all the papers specified in Clause 2 of this Article, the Department of Labor, War Invalids and Social Affairs shall issue a receipt clearly stating the date, month and year of receipt of the application for license renewal;

b) Within 15 working days from the date of receipt of the secured dossier as prescribed, the Department of Labor, War Invalids and Social Affairs shall verify and submit it to the President of the provincial People's Committee for re-issuance of the license for the enterprise. Karma. In case the dossier is not as prescribed, within 07 working days from the date of receiving the dossier, the Department of Labor, War Invalids and Social Affairs shall send a written request to the enterprise to complete the dossier;

c) Within 07 working days from the date of receiving the dossier submitted by the Department of Labor, War Invalids and Social Affairs, the chairperson of the provincial People's Committee shall consider and re-issue the license to the enterprise; in case the license is not re-granted, the enterprise shall reply in writing, clearly stating the reason for not re-granting the license.

4. Order and procedures for re-issuance of permits for the cases specified at Point d, Clause 1 of this Article are as follows:

a) A dossier of application for re-issuance of a license includes: a written request for re-grant of a license, made according to Form No. 05/PLIII, Appendix III issued together with this Decree; a copy of the business registration certificate newly issued by the business registration agency where the enterprise's head office is located according to the provisions of law; the license has been issued by the Chairman of the People's Committee of the province where the enterprise's head office was previously located;

b) The enterprise sends a set of documents specified at Point a of this Clause to the Department of Labor, War Invalids and Social Affairs where the new head office is located to apply for a license. The Department of Labor, War Invalids and Social Affairs shall issue a receipt clearly stating the date, month and year of receipt of the dossier when the dossier contains all the papers specified at Point a of this Clause;

c) Within 10 working days, the Department of Labor, War Invalids and Social Affairs where the enterprise's head office is located shall send a written request to the Department of Labor, War Invalids and Social Affairs where the enterprise has been granted a license to provide services. issue a copy of the license application dossier and certification of the sub-lessor's conditions for not having its license revoked;

d) Within 07 working days from the date of receipt of the document from the Department of Labor, War Invalids and Social Affairs where the enterprise's new head office is located, the Department of Labor, War Invalids and Social Affairs where the enterprise sub-leasing. have been licensed to comment on the operation of the subleasing enterprise during its operation in the area, reply to the Department of Labor, War Invalids and Social Affairs where the new head office is located and send enclosed with a copy of the license application dossier of the sub-leasing enterprise.

In case the subleasing enterprise has its license revoked according to Clause 1, Article 28 of this Decree, the Department of Labor, War Invalids and Social Affairs where the subleasing enterprise has been licensed is responsible for reporting it to the Chairman of the Committee. the provincial people revoke the license and notify the Department of Labor - Invalids and Social Affairs where the enterprise's new head office is located;

dd) Within 06 working days from the date of receipt of the document from the Department of Labor, War Invalids and Social Affairs where the sub-leasing enterprise has been granted a license, the Department of Labor, War Invalids and Social Affairs where the enterprise is located. set up a new head office and submit it to the President of the People's Committee of the province for re-issuance of the license for the enterprise.

In case the sub-leasing enterprise is revoked by the President of the People's Committee of the province where the enterprise's former head office is located according to the provisions of Point a, Clause 1, Article 28 of this Decree, the Department of Labor - Invalids and The society where the enterprise's head office is located shall send a written request to the enterprise to complete the dossier and submit it to the Chairman of the provincial People's Committee for a license for the sub-leasing enterprise.

In case the subleasing enterprise has its license revoked by the President of the People's Committee of the province where the enterprise's former head office is located according to the provisions of Points c, d, dd and e, Clause 1, Article 28 of this Decree, the Service Labor - Invalids and Social Affairs shall submit to the Chairman of the People's Committee of the province not to grant a license to the sublease enterprise;

e) Within 04 working days from the date of receiving the dossier submitted by the Department of Labor, War Invalids and Social Affairs where the enterprise's new head office is located, the President of the provincial People's Committee shall consider and grant the license. For Businesses; in case the license is not granted, the enterprise shall reply in writing, clearly stating the reason for not granting the license.

Article 28. Revocation of permits

1. The subleasing enterprise has its license revoked in the following cases:

a) Terminate the outsourcing operation at the request of the subleasing enterprise;

b) The enterprise is dissolved or is declared bankrupt by the Court;

c) Failing to satisfy one of the conditions specified in Article 21 of this Decree;

d) Allow other enterprises, organizations and individuals to use the license;

dd) Outsourcing labor to perform jobs that are not on the list of jobs to be performed outsourced in Appendix II issued together with this Decree;

e) The subleasing enterprise commits acts of forging documents in the application file for grant, renewal or re-issuance of the license or erasing or correcting the contents of the already granted license or using a fake license.

2. A dossier of request for license revocation, for the cases specified at Points a and b, Clause 1 of this Article, includes:

a) A written request for license revocation, made according to Form No. 06/PLIII, Appendix III issued together with this Decree;

b) The license has been granted or the written commitment of the subleasing enterprise to take responsibility before the law in case the license is lost;

c) Report on the labor outsourcing activities of the enterprise according to Form No. 09/PLIII Appendix III issued together with this Decree;

d) A copy of the labor subleasing contract which is still valid until the time of request for revocation of the license.

3. The order and procedures for license revocation, for the cases specified at Points a and b, Clause 1 of this Article, are as follows:

a) The enterprise sends a set of documents as prescribed in Clause 2 of this Article to the Department of Labor, War Invalids and Social Affairs where the enterprise's head office is located;

b) The Department of Labor, War Invalids and Social Affairs receives the application, checks it and issues a receipt clearly stating the date, month and year of receipt of the complete application. Within 10 working days from the date of receipt of a complete application for revocation of the license from the enterprise, the Department of Labor, War Invalids and Social Affairs shall check and review the valid labor subleasing contracts. of the enterprise to request the subleasing enterprise to settle the benefits for employees according to Article 29 of this Decree and submit it to the President of the provincial People's Committee to revoke the license;

c) Within 07 working days from the date of receiving the dossier submitted by the Department of Labor, War Invalids and Social Affairs, the President of the provincial People's Committee shall decide to revoke the permit. The decision to revoke the license is made according to Form No. 08/PLIII, Appendix III issued together with this Decree.

4. The order and procedures for license revocation, for the cases specified at Points c, d, dd and e, Clause 1 of this Article, shall be as follows:

a) When detecting that the subleasing enterprise falls into the cases specified at Points c, d, dd and e, Clause 1 of this Article, the Department of Labor, War Invalids and Social Affairs of the locality where the enterprise is headquartered shall carry out inspection. investigate and collect relevant evidence and submit it to the President of the People's Committee of the province to revoke the license;

b) Within 07 working days after receiving the dossier submitted by the Department of Labor, War Invalids and Social Affairs, the President of the provincial People's Committee shall decide to revoke the license of the enterprise;

c) Within 03 working days from the date of receiving the decision to revoke the license, the subleasing enterprise is responsible for submitting the license to the People's Committee of the province.

5. The subleasing enterprise shall not be granted a license within 05 years from the date of its license being revoked because of violations of the contents specified at Points c, d, dd and e, Clause 1 of this Article.

Article 29. Responsibilities of the subleasing enterprise in the event of its license being revoked or its license not being renewed or re-issued

Within 15 working days from the date of receipt of a document from the Chairman of the provincial People's Committee on the failure to renew or re-issue or revoke the license, the subleasing enterprise shall liquidate all the leased assets. the labor subleasing contract is in progress, settle the lawful rights and interests of the subcontracted employee and the subcontractor in accordance with the labor law, and publicly post the termination of operation for employees. outsource labor on at least one electronic newspaper licensed to operate in accordance with the law for 07 consecutive days.

Article 30. List of jobs that can be outsourced

The list of jobs that can be outsourced is specified in Appendix II issued together with this Decree.

Section 4. ORGANIZATIONAL RESPONSIBILITIES FOR LABOR RENTAL

Article 31. Responsibilities of the sub-leasing enterprise

1. To publicly post up the original license at the head office and a certified copy of the original license at branches and representative offices (if any) of the subleasing enterprise. In case of moving to another province to operate, the lessor shall send an authenticated copy of the license to that Department of Labor, War Invalids and Social Affairs for monitoring and management.

2. Every 06 months and annually, report on the situation of labor outsourcing activities according to Form No. 09/PLIII Appendix III issued together with this Decree, and send it to the President of the People's Committee of the province and the Department of Labor. - Invalids and Social Affairs where the enterprise is headquartered; and at the same time report to the Department of Labor, War Invalids and Social Affairs where the enterprise goes to work on outsourcing labor outsourcing on the situation of labor outsourcing in that area, in case the outsourcing enterprise moves to the locality. other provincial levels operate. The 06-month report is sent before June 20 and the annual report is sent before December 6.

3. Promptly report cases of incidents related to labor outsourcing activities to local competent state agencies or at the request of state management agencies in charge of labor.

4. To fulfill the responsibilities of the subleasing enterprise as prescribed in Article 56 of the Labor Code and this Chapter.

Article 32. Responsibilities of the deposit receiving bank

1. Strictly comply with regulations on opening escrow account, paying deposit, using escrow account of the subleasing enterprise and regulations related to this account.

2. Quarterly report on the deposit performance of the sub-leasing enterprise, according to Form No. 11/PLIII, Appendix III issued together with this Decree, and send it to the State Bank's branches, provinces and cities directly. under the Central Government, the President of the People's Committee of the province, the Department of Labor, War Invalids and Social Affairs where the enterprise's head office is located before the 15th of the first month of the following quarter.

3. To fulfill the responsibilities of the deposit receiving bank as prescribed in this Chapter.

Article 33. Responsibilities of the Department of Labor - Invalids and Social Affairs

1. Propagating and disseminating the provisions of the law on labor and labor subleasing to employers, employees and relevant agencies and organizations in the locality.

2. To guide, examine, inspect and supervise the implementation of the law on labor outsourcing in the locality.

3. Monitoring, synthesizing and reporting every 06 months and annually on the situation of deposit and issuance of labor outsourcing license in the area under their management according to Form No. 10/PLIII Appendix III issued together according to this Decree to the Chairman of the Provincial People's Committee and the Ministry of Labor, War Invalids and Social Affairs. The 06-month report is sent before July 20 and the annual report is sent before January 7 of the following year.

4. To fulfill the responsibilities of the Department of Labor, War Invalids and Social Affairs as prescribed in this Chapter.

Article 34. Responsibilities of Presidents of Provincial People's Committees

1. Send a notice of the grant, extension, re-issue and revocation of the permit to the Ministry of Labor, War Invalids and Social Affairs within 05 working days from the date of issuance, extension, re-issue and revocation of the permit. permission to monitor and manage. At the same time, send it to the President of the People's Committee of the province where the enterprise was previously licensed, in case the outsourcing enterprise changes its head office address to a different province than the place where it was registered. Licensed.

2. Announce the grant, extension, re-grant or revocation of the license for outsourcing operations on the website of the provincial-level People's Committee.

3. To fulfill the responsibilities of the chairperson of the provincial People's Committee as prescribed in this Chapter.

Article 35. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

1. Propagating, disseminating, guiding, inspecting, examining and supervising the implementation of the labor law on labor outsourcing.

2. Summarize and publicize enterprises that have been granted, renewed, re-issued or revoked permits on the website of the Ministry of Labor, War Invalids and Social Affairs.

3. To fulfill the responsibilities of the Ministry of Labor, War Invalids and Social Affairs as prescribed in this Chapter.

Article 36. Responsibilities of the State Bank of Vietnam

Carry out the inspection, examination and supervision of the deposit receiving banks in terms of deposit payment and management of the sub-leasing enterprises in accordance with the provisions of law.

Chapter V

DIALOGUE AT WORK

Section 1. ORGANIZATION OF DIALOGUE AT WORKING

Article 37. Responsibilities for holding dialogues at work

1. The employer is responsible for coordinating with the employee representative organization at the establishment (if any) to hold a dialogue at the workplace according to the provisions of Clause 2, Article 63 of the Labor Code.

At the workplace where employees who do not participate are members of the representative organization of employees at the establishment, the employer is responsible for coordinating with the representative organization of the employees at the establishment (if any). ) guide, support and create conditions for these employees to choose their own representative members (hereinafter referred to as the representative dialogue group of workers) to participate in dialogue with the employer. according to the provisions of Clause 2, Article 63 of the Labor Code. The number of members of the workers' dialogue representative group shall be determined according to the provisions of Clause 2, Article 38 of this Decree.

2. The employer is responsible for specifying in the grassroots democracy regulation at the workplace the following main contents in order to hold dialogues at the workplace according to the provisions of Clause 2, Article 63 of this Law. Labor Code:

a) Principles of dialogue at work;

b) Number and composition of dialogue participants of each party as prescribed in Article 38 of this Decree;

c) Number and duration of annual periodical dialogue;

d) How to organize periodical dialogues, dialogues at the request of one or the parties, dialogues when there are cases;

dd) Responsibilities of the parties when participating in the dialogue as prescribed in Clause 2, Article 63 of the Labor Code;

e) The application of the provisions of Article 176 of the Labor Code to representative members participating in dialogues with employees but not members of the management board of the representative organization of employees at the grassroots level. ;

g) Other content (if any).

3. In addition to the provisions of Clauses 1 and 2 of this Article, the employer is responsible for:

a) Appoint the employer's representative to participate in the dialogue at the workplace according to regulations;

b) Arrange place, time and other necessary material conditions for holding dialogues at the workplace;

c) Report the implementation of the dialogue and democratic regulations at the grassroots level at the workplace to the state management agency in charge of labor when requested.

4. The employee representative organization at the grassroots level and the employee dialogue representative group are responsible for:

a) Appoint a representative member to participate in the dialogue as prescribed;

b) Consult with the employer on the content of the grassroots democracy regulation at the workplace;

c) Collecting opinions of employees, summarizing and preparing the content of the request for dialogue;

d) Participating in dialogue with the employer according to the provisions of Clause 2, Article 63 of the Labor Code, this Decree and the grassroots democracy regulation at the workplace.

5. To encourage employers and employees, and employee representative organizations to hold dialogues other than the cases specified in Clause 2, Article 63 of the Labor Code in accordance with the conditions of production organization. , business, labor organization at work and specified in the grassroots democracy regulation in the workplace.

Article 38. Number and composition of dialogue participants

The number and participants of the dialogue in Clause 2, Article 63 of the Labor Code are specified as follows:

1. Employer's side

Based on production and business conditions, the labor organization, the employer shall decide on the number and composition of his or her representative to participate in the dialogue, ensuring that at least 03 people, including the legal representative, must participate in the dialogue. employer's laws and regulations in grassroots democracy in the workplace.

2. Employee side

a) Based on production and business conditions, labor organization, structure, number of employees and gender equality factors, the employee representative organization at the grassroots level and the representative dialogue group of employees laborers determine the number and participants of the dialogue but must ensure the following quantity:

a1) At least 03 people, if the employer employs less than 50 employees;

a2) At least from 04 to 08 people, if the employer employs from 50 employees to less than 150 employees;

a3) At least from 09 to 13 people, if the employer employs from 150 employees to less than 300 employees;

a4) At least from 14 to 18 people, if the employer employs from 300 employees to less than 500 employees;

a5) At least 19 to 23 people, if the employer employs between 500 and under 1.000 employees;

a6) At least 24 people, if the employer employs 1.000 or more employees.

b) Based on the number of representatives for dialogue of the employee's side as prescribed at point a of this clause, the employee representative organization at the grassroots level and the representative group for dialogue of employees shall determine the number of representatives for the dialogue between the employees and the employees. participate in the corresponding dialogue according to the ratio of members of the organization and their group to the total number of employees of the employer.

3. The determination of the list of representative members participating in the dialogue between the employer and the employee's side specified in Clauses 1 and 2 of this Article is carried out periodically at least once every 02 years and publicly disclosed in the workplace. During the period between two periods, determine the dialogue participants, if there is a representative member who cannot continue to participate, the employer or each employee representative organization, representative group of the dialogue of employees to consider and decide to add replacement members of their organization or group and publicly announce them at the workplace.

4. When conducting a dialogue according to the provisions of Clause 2, Article 63 of the Labor Code, in addition to the members participating in the dialogue specified in Clause 3 of this Article, the two parties agree to invite all employees or a number of employees. Related workers shall participate in the dialogue together, ensuring the participation of female labor representatives when conversing on issues related to the rights and interests of female employees as prescribed in Clause 2, Article 136 of this Law. Labor Code.

Article 39. Periodic dialogue at the workplace

1. The employer is responsible for coordinating with the employee representative organization at the grassroots level and the representative group of workers' dialogue to organize periodical dialogue as prescribed at Point a, Clause 2, Article 63 of this Decree. Labor Code and grassroots democracy in the workplace.

2. Participants in periodical dialogues are representatives of the two sides as prescribed in Clause 3, Article 38 of this Decree. The time, place and manner of holding periodical dialogues shall be arranged by the two parties in accordance with actual conditions and according to grassroots democratic regulations at the workplace.

3. At least 05 working days before the date of starting the periodical dialogue, the parties are responsible for sending the dialogue content to the dialogue participants.

4. Periodic dialogue is only conducted when the employer's side has the participation of the legal representative or authorized person and the employee's side has the participation of more than 70% of the total number of members. representatives specified in Clause 3, Article 38 of this Decree. The progress of the dialogue must be recorded in writing and signed by the legal representative of the employer or the authorized person and signed by the representative of each representative organization of the employees (if any). ) and the representative of the representative group of workers' dialogue (if any).

5. Within 03 working days from the end of the dialogue, the employer is responsible for publicly announcing at the workplace the main contents of the dialogue; representative organizations of workers (if any), representative groups of workers' dialogue (if any) disseminate the main contents of the dialogue to employees as members.

Article 40. Holding dialogues at the request of one or the parties

1. The organization of a dialogue at the request of one or the parties shall be conducted when the content of the request for dialogue of the party requesting the dialogue meets the following conditions:

a) For the employer, the content of the request for dialogue must be agreed by the legal representative of the employer;

b) For the employee's side, the content of the request for dialogue must be agreed upon by at least 30% of the representative members of the employee's side participating in the dialogue specified in Clause 3, Article 38 of this Decree.

2. Within 05 working days after receiving the content of the request for dialogue as prescribed in Clause 1 of this Article, the party receiving the request for dialogue must reply in writing and agree on the time and location of the meeting. dialogue function. The employer and the employee's dialogue representative are responsible for coordinating and organizing the dialogue.

3. Dialogue developments must be recorded in minutes and signed by representatives of the parties participating in the dialogue as prescribed in Clause 4, Article 39 of this Decree.

4. Within 03 working days from the end of the dialogue, the employer is responsible for publicly announcing at the workplace the main contents of the dialogue; representative organizations of workers (if any), representative groups of workers' dialogue (if any) disseminate the main contents of the dialogue to employees as members.

Article 41. Organization of dialogue when there is an incident

1. In the case of a case, the employer must consult and exchange opinions with the employee representative organization at the grassroots level on the regulation on assessment of job completion as prescribed at Point a, Clause 1 of this Article. 36; dismissing employees according to the provisions of Article 42; the labor use plan as prescribed in Article 44; salary scale, payroll and labor norms as prescribed in Article 93; bonus regulations as prescribed in Article 104 and internal labor regulations as prescribed in Article 118 of the Labor Code shall be implemented as follows:

a) The employer is responsible for sending a document, enclosed with the contents to be consulted and exchanged, to the representative members participating in the dialogue of the employee's side;

b) The representative members participating in the dialogue of the employee side are responsible for collecting opinions of the employees they represent and summarizing in writing of each representative organization of employees at the grassroots level. representative group of workers' dialogue to send to the employer; in case the content of the dialogue is related to the rights and interests of female workers, it is necessary to ensure that their opinions are sought;

c) Based on the opinions of the employee representative organizations at the grassroots, the dialogue representative group of employees, the employer organizes a dialogue to discuss, exchange ideas, consult, share information about employer-provided content;

d) The number, participants, time and place of the dialogue shall be determined by the two parties according to the grassroots democracy regulation at the workplace;

dd) The dialogue developments must be recorded in minutes and signed by representatives of the parties participating in the dialogue as prescribed in Clause 4, Article 39 of this Decree;

e) Within 03 working days from the end of the dialogue, the employer is responsible for publicly announcing at the workplace the main contents of the dialogue; representative organizations of workers (if any), representative groups of workers' dialogue (if any) disseminate the main contents of the dialogue to employees as members.

2. For the case of temporary suspension of work of an employee as prescribed in Clause 1, Article 128 of the Labor Code, the employer and the employee representative organization in which the employee is temporarily suspended Work as a member can be exchanged in writing or through direct communication between the representative participating in the dialogue of the employer and the dialogue representative of the representative organization of the employees.

Section 2. IMPLEMENTATION OF DEMOCRACY REGULATIONS AT THE WORKSHOP

Article 42. Principles of implementing grassroots democracy regulations at work

1. Goodwill, cooperation, honesty, equality, publicity and transparency.

2. Respecting the legitimate rights and interests of employees, employers and other relevant organizations and individuals.

3. Organization of the implementation of grassroots democracy regulations at work must not contravene the law and social ethics.

Article 43. Contents and forms that employers must make public

1. Employers must disclose to employees the following contents:

a) Production and business situation of the employer;

b) Labor rules, salary scale, salary table, labor norms, internal rules, regulations and other regulations of the employer related to the rights, obligations and responsibilities of employees. motion;

c) Collective labor agreements in which the employer participates;

d) The setting up and use of bonus funds, welfare funds and funds contributed by employees (if any);

dd) The deduction and payment of trade union fees, payment of social insurance, health insurance and unemployment insurance;

e) The situation of emulation, reward, discipline, settlement of complaints and denunciations related to the rights, obligations and interests of employees;

g) Other contents as prescribed by law.

2. If the contents specified in Clause 1 of this Article are specified by law on the form of publicity, the employer shall make publicity according to such provisions, unless the law specifically prescribes the form of publicity. According to the characteristics of production, business, labor organization and the content that must be disclosed, the employer can choose the following form and show it in the grassroots democracy regulation at the workplace. according to the provisions of Article 48 of this Decree:

a) Posting publicly at the workplace;

b) Announce at meetings and dialogues between the employer and the employee representative organization at the grassroots, the representative group of the worker's dialogue;

c) Notify in writing to the employee representative organization at the grassroots level to notify the employees;

d) Announcement on the internal information system;

d) Other forms not prohibited by law.

Article 44. Content and form of employees being entitled to give opinions

1. Employees are entitled to give opinions on the following contents:

a) Formulate, amend and supplement internal rules, regulations and other regulatory documents of the employer related to the rights, obligations and interests of employees;

b) Formulating, amending and supplementing the salary scale, salary table, labor norms; propose content of collective bargaining;

c) Propose and implement solutions to save costs, improve labor productivity, improve working conditions, protect the environment, and prevent fire and explosion;

d) Other contents related to the rights, obligations and interests of employees as prescribed by law.

2. The contents specified in Clause 1 of this Article which the law specifically prescribes the form of employees' comments shall comply with such provisions; In case the law does not specify the form, the employees, based on the characteristics of production and business, the labor organization, the contents of the employees are entitled to give opinions and the democratic regulations at the grassroots level at the grassroots level. workplace to choose the following form:

a) To give opinions directly or through the representative organization of employees at the grassroots level, the representative group of workers' dialogue at the conference of employees, dialogue at the workplace;

b) Send comments and suggestions directly;

c) Other forms not prohibited by law.

Article 45. Content and form of employees to be decided

1. Employees are entitled to decide the following contents:

a) Enter into, amend, supplement and terminate labor contracts in accordance with law;

b) Joining or not joining the representative organization of workers at the grassroots;

c) Participating or not participating in strikes as prescribed by law;

d) Vote on the content of collective bargaining that has been reached for the conclusion of the collective labor agreement in accordance with the provisions of law;

d) Other contents as prescribed by law or as agreed by the parties.

2. The employee's form of decision shall comply with the provisions of law.

Article 46. Contents and forms of employees to be inspected and supervised

1. Employees are entitled to inspect and supervise the following contents:

a) The performance of the labor contract and the collective labor agreement;

b) The employer's implementation of internal labor rules, regulations and other documents related to the rights, obligations and interests of employees;

c) The use of bonus funds, welfare funds and funds contributed by employees;

d) The employer's deduction and payment of trade union fees, social insurance, health insurance and unemployment insurance premiums;

d) Emulation, commendation, discipline, settlement of complaints and denunciations related to rights, obligations and interests of employees.

2. Forms of inspection and supervision of employees comply with the provisions of law.

Article 47. Conference of employees

1. The employee conference shall be organized annually by the employer in collaboration with the representative organization of employees at the grassroots level (if any) and the representative group of workers' dialogue (if any) held annually in the form of: plenary or conference of delegates.

2. The content of the employee conference shall comply with the provisions of Article 64 of the Labor Code and other contents agreed upon by the two parties.

3. The form of conference organization, content, participants, time, place, process, responsibility for organizing the implementation and form of disseminating the results of the employee conference shall comply with the people's regulations. the employer at the establishment at the workplace specified in Article 48 of this Decree.

Article 48. Responsibilities for promulgating grassroots democracy regulations at work

1. Employers are responsible for promulgating grassroots democracy regulations at the workplace in order to implement regulations on dialogue at work and implementation of grassroots democracy at work. specified in this Decree.

2. When formulating, amending and supplementing the grassroots democracy regulation at the workplace, the employer must consult the representative organization of employees at the grassroots level (if any) and the group Dialogue representatives of employees (if any) to finalize and promulgate. For comments made by the employee representative organization at the grassroots level and the employee dialogue group that are not accepted by the employer, the reason must be clearly stated.

3. The grassroots democracy regulation at the workplace must be publicly disseminated to employees.

Chapter VI

SALARY

Section 1. NATIONAL Wage Council

Article 49. Functions of the National Wage Council

The National Wage Council is established by decision of the Prime Minister under the provisions of Clause 2, Article 92 of the Labor Code to perform the function of advising the Government on:

1. The minimum wage is established by region (including the monthly minimum wage and the hourly minimum wage).

2. Salary policy applies to employees in accordance with the provisions of the Labor Code.

Article 50. Duties of the National Wage Council

1. Research, survey, collect information, analyze and evaluate the situation of wages, minimum living standards of employees, production and business of enterprises, labor supply and demand relationships, employment, unemployment in the economy and other related factors as the basis for determining the minimum wage.

2. Prepare a report on the employee's minimum wage in association with the factors determining the minimum wage specified in Clause 3, Article 91 of the Labor Code.

3. Reviewing the minimum living standards of employees and their families, zoning the areas where the minimum wage is applied as a basis for determining the plan for adjusting the minimum wage from time to time.

4. Annually, negotiate to recommend to the Government a plan to adjust the minimum wage set by region (including monthly minimum wage and hourly minimum wage).

5. Advise and recommend to the Government on a number of salary policies generally applied to employees in various types of enterprises, agencies, organizations and cooperatives in accordance with the provisions of the Labor Code.

Article 51. Organizational structure of the National Wage Council

1. The National Wage Council has 17 members, including: 05 members representing the Ministry of Labor, War Invalids and Social Affairs; 05 representative members of the Vietnam General Confederation of Labor; 05 representative members of a number of central representative organizations of employers; 02 members are independent experts (hereinafter referred to as independent members). In there:

a) The President of the National Wage Council is 01 Deputy Minister of Labor, War Invalids and Social Affairs;

b) 03 Vice Chairman of the National Wage Council, including: 01 Vice Chairman is Vice President of Vietnam General Confederation of Labor, 01 Vice Chairman is Vice President of Vietnam Chamber of Commerce and Industry. Nam and 01 Vice Chairman of the Council are Vice Chairman of Vietnam Cooperative Union;

c) The remaining members of the National Wage Council, including: 04 representative members of the Ministry of Labor, War Invalids and Social Affairs; 04 representative members of the Vietnam General Confederation of Labor; 03 representative members of the central representative organization of employers (including 01 representative member of the Vietnam Association of Small and Medium-sized Enterprises, 02 members being representatives of two central industry associations). the center employs a lot of labor); 02 independent members are experts and scientists in the fields of labor, salary, economy - society (excluding experts and scientists working at agencies, units, research institutes, etc.) universities under the Ministry of Labour, War Invalids and Social Affairs, the Vietnam General Confederation of Labor and the central representative organization of employers).

2. The Prime Minister shall appoint and dismiss the President and Vice-Chairmen of the National Wage Council specified at Points a and b, Clause 1 of this Article and authorize the Minister of Labor, War Invalids and Social Affairs The Association appoints and dismisses other members of the National Wage Council specified at Point c, Clause 1 of this Article. The President, Vice President and members of the National Wage Council work part-time. The term of appointment of members of the National Wage Council shall not exceed 05 years.

3. The National Wage Council has a Technical Department and a Standing Division to assist the Council and its Chairman in formulating technical reports related to the Council's tasks and performing its administrative work. Council. Members of the Technical Division and the Standing Division are members of the Council's participating agencies, relevant agencies and organizations, working on a part-time basis.

Article 52. Activities of the National Wage Council

1. The National Wage Council operates collectively through meetings under the direction of the Council's Chairman; democratic and public discussion; Decisions are based on majority vote.

2. The National Wage Council has its own seal and is managed at the Ministry of Labor, War Invalids and Social Affairs in accordance with law.

3. Operational funds of the National Wage Council shall be included in the annual state budget regular expenditure estimates of the Ministry of Labor, War Invalids and Social Affairs and other lawful funding sources as prescribed by law. the law. The management, use and settlement of the state budget shall comply with the law on state budget and guiding documents.

Article 53. Responsibilities for the establishment and operation of the National Wage Council

1. The President of the Vietnam General Confederation of Labor, the President of the Vietnam Chamber of Commerce and Industry, the President of the Vietnam Union of Cooperatives, the President of the Vietnam Association of Small and Medium Enterprises shall appoint representatives to participate in the Association. the national salary dong and send the list to the Ministry of Labor - Invalids and Social Affairs for synthesis.

2. The President of the Vietnam Chamber of Commerce and Industry shall assume the prime responsibility for, and coordinate with, the President of the Vietnam Union of Cooperatives to select and propose two central industry associations that use a lot of labor. mobilize representatives to participate as members of the National Wage Council in accordance with each period.

3. The President of the National Wage Council is responsible for exchanging ideas with the Vice-Chairmen of the Council, proposing and selecting independent members of the Council to report to the Minister of Labor, War Invalids and Social Affairs. the association considers and appoints; promulgate the working regulations of the Council, the Technical Section, the Standing Division of the Council.

4. The Minister of Labor, War Invalids and Social Affairs shall submit to the Prime Minister for decision the establishment of the National Wage Council; propose the Prime Minister to appoint and dismiss the President and Vice-Chairmen of the National Wage Council; decide on the appointment and dismissal of other members of the National Wage Council.

5. The Minister of Planning and Investment shall provide the results of the population living standard survey, labor and employment survey, enterprise survey and other relevant statistics at the request of the Wage Council. nation.

Section 2. MODES OF PAYING AND SALARY FOR OTHER HOURS, WORKING AT NIGHT

Article 54. Mode of payment of salary

The form of salary payment according to Article 96 of the Labor Code is specified as follows:

1. Based on the nature of work and production and business conditions, the employer and the employee shall agree in the labor contract the form of time-based, product-based and lump-sum salary payment as follows: after:

a) Time-based wages are paid to employees who are paid by time, based on the working time by month, week, day and hour as agreed in the labor contract, specifically:

a1) Monthly salary paid for one month of work;

a2) Weekly wages are paid for a working week. In case the labor contract agrees on a monthly salary, the weekly salary is determined by the monthly salary multiplied by 12 months and divided by 52 weeks;

a3) Daily wages are paid for one working day. In case the labor contract agrees on a monthly salary, the daily salary is determined by the monthly salary divided by the number of normal working days in a month as prescribed by law selected by the enterprise. In case the labor contract agrees on weekly salary, the daily salary is determined by the weekly salary divided by the number of working days in the week as agreed in the labor contract;

a4) Hourly wages are paid for an hour worked. In case the labor contract agrees on a monthly, weekly or daily salary, the hourly wage is determined by the daily salary divided by the number of normal working hours in a day as prescribed in Article 105 of the Labor Code. .

b) Product-based wages are paid to employees who receive product-based wages, based on the completion of quantity and quality of products according to labor norms and assigned product unit prices.

c) A flat salary is paid to employees who receive a fixed salary, based on the volume and quality of work and the time it takes to complete.

2. The employee's salary according to the forms of salary payment specified in Clause 1 of this Article shall be paid in cash or through the employee's personal account opened at a bank. Employers must pay fees associated with opening an account and transferring wages when choosing to pay wages through an employee's personal account.

Article 55. Overtime pay

Overtime pay according to Clause 1, Article 98 of the Labor Code is prescribed as follows:

1. For employees who are paid by time, they are paid overtime pay when working outside the normal working hours prescribed by the employer under Article 105 of the Labor Code and calculated according to their work. following formula:

In which:

a) The hourly wage actually paid for the job being done on a normal working day, which is determined by the actual salary paid for the job being done in the month, week or day in which the employee works overtime (not including wages); overtime wages, overtime pay for working at night, wages for public holidays, New Year's holidays and paid holidays according to the provisions of the Labor Code; bonuses according to the provisions of Article 104 of the Code Labor, initiative bonus; mid-shift meals, allowances for petrol, phone, transportation, housing, childcare, and child rearing; support for dead relatives, employees marriage, employee's birthday, occupational disease and other allowances and benefits not related to the performance of the job or title in the labor contract) divided by the total number of actual hours worked corresponding work in the month or week or day the employee works overtime (not exceeding the number of normal working days in the month and the number of normal working hours in the month).01 day, 01 week according to the provisions of law that the enterprise chooses and does not include the number of overtime hours);

b) The level is at least equal to 150% of the actual hourly salary paid for the job being performed on a normal working day, applicable to overtime hours on a weekday; the rate is at least equal to 200% of the hourly wages actually paid for the job being performed on a normal working day, applicable to overtime hours on weekly rest days; the rate at least equal to 300% of the hourly salary actually paid for the job being done on a normal working day, applicable to overtime hours on public holidays, New Year's Day, and paid holidays, excluding the employee's salary. Holidays, New Year's Day, paid leave for employees who receive daily salary.

2. For employees who are paid by product, they are paid overtime when working outside normal working hours to work overtime with the quantity and volume of products in addition to the quantity and volume of products according to the norm. according to the agreement with the employer and is calculated according to the following formula:

In which:

The level is at least equal to 150% of the product salary unit price of a normal working day, applicable to overtime work on a weekday; at least equal to 200% of the product salary unit price of the normal working day, applicable to overtime work on weekly rest days; at least equal to 300% of the product salary unit price of the normal working day, applicable to overtime work on public holidays, New Year's Day and paid holidays.

3. Employees who work overtime on a public holiday or New Year's Day that coincide with a weekly rest day shall be paid overtime pay on a public holiday or New Year's Day. In case of working overtime on a compensatory day off when a public holiday or Tet coincides with a weekly rest day, the employee shall be paid overtime on the weekly rest day.

Article 56. Wages for working at night

Wages for working at night according to Clause 2, Article 98 of the Labor Code, are calculated according to the following formula:

1. For employees who receive salary by time, the salary for working at night is calculated as follows:

In which: The actual hourly wage for the job being done on a normal working day is determined according to Point a, Clause 1, Article 55 of this Decree.

2. For employees who are paid by product, the salary for working at night is calculated as follows:

Article 57. Overtime pay at night

Employees who work overtime at night according to Clause 3, Article 98 of the Labor Code, are entitled to a salary calculated according to the following formula:

1. For employees who receive time-based wages, overtime wages at night are calculated as follows:

In which:

a) The actual hourly wage for the job being performed on a normal working day is determined according to Point a, Clause 1, Article 55 of this Decree;

b) Daytime hourly wages of normal working days or weekly rest days or public holidays, New Year's Day, and paid holidays are determined as follows:

b1) Daytime wage on a normal working day, calculated at least 100% of the hourly wage actually paid for the job being done on a normal working day in case the employee does not work overtime daytime hours of that day (before overtime at night); at least equal to 150% of the hourly wages actually paid for the job being done on a normal working day in case the employee works overtime during the day of that day (before working overtime at night). ;

b2) Daytime wages on weekly rest days, calculated at least 200% of the actual hourly wages paid for the job being performed on a normal working day;

b3) Daytime hourly wages of public holidays, New Year's Day and paid holidays are calculated at least 300% of the actual hourly wage of the job being done on a normal working day.

2. For employees who are paid by product, overtime pay at night is calculated as follows:

In which, the unit price of product wages during the day of a normal working day or of a weekly rest day or of a public holiday, New Year, or paid day off is determined as follows:

a) The product salary unit price of the product during the day of a normal working day, which is calculated at least 100% of the unit price of the product salary of the normal working day in case the employee does not work overtime; during the day of that day (before overtime at night); at least equal to 150% of the product wage unit price of the normal working day in case the employee works overtime during the day of that day (before working overtime at night);

b) The unit price of the product salary during the day of the weekly rest day, calculated at least 200% of the unit price of the product salary of the normal working day;

c) The unit price of product wages during the day of public holidays, New Year's Day and paid holidays, is calculated at least 300% of the product salary unit price of the normal working day.

Chapter VII

WORKING TIME, REST TIME

Article 58. Hours are counted into paid working hours

1. Taking a break between hours specified in Clause 2, Article 64 of this Decree.

2. Take breaks according to the nature of the work.

3. Necessary rest in the process of working has been included in the labor norm for human's natural physiological needs.

4. Time off for female employees when pregnant or raising a child under 12 months old, during menstruation as prescribed in Clauses 2 and 4, Article 137 of the Labor Code.

5. The time to stop working is not due to the fault of the employee.

6. Meeting, study and training time is at the request of the employer or agreed by the employer.

7. The time period when the apprentice, apprentice directly or participates in labor is specified in Clause 5, Article 61 of the Labor Code.

8. The time that the employee is a member of the leadership of the employee representative organization at the establishment is used to perform the tasks specified in Clauses 2 and 3, Article 176 of the Labor Code.

9. Time for medical examination, examination and detection of occupational diseases, medical assessment to determine the degree of decrease in working capacity due to occupational accidents or diseases, if such time is carried out according to the arrangement or at the request of the employer.

10. Time for military service registration, medical examination and examination, if such time is entitled to full salary according to the provisions of the law on military service.

Article 59. Consent of employees when working overtime

1. Except for the cases specified in Article 108 of the Labor Code, in other cases when organizing overtime, the employer must obtain the consent of the employee participating in overtime work on the following contents: The following:

a) Overtime;

b) Location of overtime work;

c) Extra work.

2. In case the employee's consent is signed in a separate document, refer to Form No. 01/PLIV Appendix IV issued together with this Decree.

Article 60. Limit on overtime hours

1. The total number of overtime hours must not exceed 50% of the normal working hours in a day when working overtime on a normal working day, except for the cases specified in Clauses 01 and 2 of this Article.

2. In case the regulation of normal working hours per week is applied, the total number of normal working hours and overtime hours shall not exceed 12 hours in a day.

3. In case of working part-time under Article 32 of the Labor Code, the total number of normal working hours and overtime hours must not exceed 12 hours in 01 day.

4. The total number of overtime hours must not exceed 12 hours in a day, when working overtime on public holidays, New Year's Day and weekly rest days.

5. The hours specified in Clauses 1, Article 58 of this Decree are reduced when calculating the total number of overtime hours in a month or a year to determine compliance with the provisions of Points b and c, Clause 2, Article 107 of the Ministry. Labor law.

Article 61. Cases in which overtime work is permitted from over 200 hours to 300 hours in a year

Apart from the cases specified at Points a, b, c, and d, Clause 3, Article 107 of the Labor Code, the following cases are permitted to work overtime from over 200 hours to 300 hours a year:

1. Cases in which urgent work must be resolved that cannot be delayed arise from objective factors directly related to official-duty activities in state agencies and units, except for the cases specified in Article 108 of the Labor Code.

2. Provision of public services; medical examination and treatment services; education and vocational education services.

3. Direct production and business jobs at enterprises shall have normal working hours not exceeding 44 hours in a week.

Article 62. Notice of organization of overtime from over 200 hours to 300 hours in a year

1. When organizing overtime from over 200 hours to 300 hours in a year, the employer must notify the Department of Labor, War Invalids and Social Affairs at the following places:

a) Where the employer organizes overtime work from over 200 hours to 300 hours in a year;

b) Where the head office is located, if the head office is located in a province or centrally run city, it is different from the place where the employer organizes to work overtime from over 200 hours to 300 hours in a year.

2. The notice must be made no later than 15 days from the date of overtime from over 200 hours to 300 hours in a year.

3. Written notice made according to Form No. 02/PLIV Appendix IV issued together with this Decree.

Article 63. Shift work and organization of shift work

1. A working shift is the working period of an employee from the time he/she receives a task until the time when the task is completed and handed over to another person, including working time and break time.

2. Organization of shift work is the arrangement of at least 02 people or 02 groups of people to take turns working at the same working position, for a period of 01 day (24 consecutive hours).

3. The case of working in continuous shifts in order to be entitled to a break during the working hours specified in Clause 1, Article 109 of the Labor Code is the case where the organization of shift work is specified in Clause 2 of this Article when the shift is organized. to do so if the following conditions are met:

a) Employees work in shifts of 06 hours or more;

b) The transition time between two adjacent working shifts must not exceed 45 minutes.

Article 64. Break during working hours

1. A rest period of at least 45 consecutive minutes as prescribed in Clause 1, Article 109 of the Labor Code is applicable to employees who work 06 hours or more in a day, of which at least 03 working hours within the night-time frame specified in Article 106 of the Labor Code.

2. The time off between working hours shall be counted into working hours in case of continuous shift work specified in Clause 3, Article 63 of this Decree, at least 30 minutes, especially in case of night work, it shall be counted at least. 45 minutes.

3. The employer decides the time of rest during working hours, but may not arrange this break time at the beginning or the end of the working shift.

4. In addition to the case of continuous shift work specified in Clause 3, Article 63 of this Decree, the parties are encouraged to negotiate the time off between working hours.

Article 65. Time is considered working time to calculate the number of annual leave days of employees

1. The duration of vocational training or apprenticeship shall comply with the provisions of Article 61 of the Labor Code if, after the completion of the apprenticeship or apprenticeship period, the employee works for the employer.

2. Probation period if the employee continues to work for the employer after the probationary period expires.

3. The period of personal leave with pay according to Clause 1, Article 115 of the Labor Code.

4. The period of unpaid leave if agreed by the employer but not accumulated for more than 01 month in a year.

5. The time off due to a labor accident or occupational disease, but the cumulative time must not exceed 6 months.

6. The period of leave due to illness but not accumulated for more than 02 months in a year.

7. The period of maternity leave in accordance with the law on social insurance.

8. The time to perform the tasks of the employee representative organization at the grassroots level is counted as the working time in accordance with the law.

9. The time to stop working or leave work is not due to the fault of the employee.

10. Time off because of being temporarily suspended from work but then it was concluded that there was no violation or no labor discipline.

Article 66. Calculation of annual leave in some special cases

1. The number of annual leave days of an employee who has worked for less than 12 months as prescribed in Clause 2, Article 113 of the Labor Code is calculated as follows: the number of annual leave days plus the number of days off is increased by seniority (if any), divided by 12 months, multiplied by the actual number of working months in the year to calculate the number of annual leave days.

2. In case the employee has worked for less than a full month, if the total number of working days and paid leave days of the employee (holidays, New Year holidays, annual leave, personal leave with pay according to Article 112, Article 113. 114, Article 115 and Article 50 of the Labor Code) account for 01% of the normal working days in the month as agreed, then that month is counted as XNUMX working month to calculate the annual leave.

3. The entire time employees work at agencies, organizations, units in the state sector and state-owned enterprises are counted as working time to calculate the additional annual leave as prescribed in Clause 114 of this Article. Article XNUMX of the Labor Code if the employee continues to work at agencies, organizations, units of the state sector and state-owned enterprises.

Article 67. Transportation fees, wages during travel, wages for annual holidays and other paid holidays

1. Transportation fees, wages for traveling days other than annual holidays according to Clause 6, Article 113 of the Labor Code, shall be agreed upon by the two parties.

2. Salary as the basis for paying employees on public holidays, New Year holidays, annual leave, personal leave with pay according to Article 112, Clause 1 and 2, Article 113, Article 114, Clause 1, Article 115 of the Ministry Labor law is the salary according to the labor contract at the time of the employee's holidays, New Year holidays, annual leave, personal leave with salary.

3. The salary used as the basis for paying employees the annual days off or the number of annual leave days according to Clause 3, Article 113 of the Labor Code is the salary according to the labor contract of the preceding month. the month the employee quits his job or loses his job.

Article 68. Certain jobs of special nature in terms of working time and rest time

1. In addition to jobs of special nature specified in Article 116 of the Labor Code, other jobs of special nature in terms of working time and rest time include:

a) Prevention of natural disasters, fires and epidemics;

b) Jobs in the field of physical training and sports;

c) Manufacture of drugs, vaccines and biological products;

d) Operation, maintenance and repair of gas distribution pipelines and gas works.

2. The Minister of Labor, War Invalids and Social Affairs shall provide specific regulations on working hours and rest time for employees doing seasonal production jobs and processing jobs according to orders. row.

3. Management ministries and branches shall specify working hours and rest periods for jobs of special nature specified in Article 116 of the Labor Code and Clause 1 of this Article after reaching agreement. with the Ministry of Labour, Invalids and Social Affairs.

Chapter VIII

LABOR DISCIPLINE, MATERIAL RESPONSIBILITY ONLY

Article 69. Labor regulations

Labor regulations in Article 118 of the Labor Code are prescribed as follows:

1. Employers must promulgate internal labor regulations. If employing 10 or more employees, the labor regulations must be in writing. If employing less than 10 employees, it is not mandatory to issue internal regulations. Labor regulations in writing, but must agree on the content of labor discipline and material responsibility in the labor contract.

2. Contents of labor regulations must not contravene the labor law and relevant provisions of law. Labor regulations include the following main contents:

a) Working time, rest time: specify the normal working time in 01 day, 01 week; shift; the time of starting and ending the work shift; overtime (if any); overtime in special cases; the time of breaks other than the break between hours; shift leave; weekly holidays; annual leave, personal leave, unpaid leave;

b) Order at the workplace: defining the scope of work and travel during working hours; culture, behavior; comply with the assignment and mobilization of the employer;

c) Occupational safety and health at the workplace: responsibility to comply with regulations, rules, processes and measures to ensure occupational safety and hygiene, and fire and explosion prevention; use and maintain personal protective equipment, equipment to ensure occupational safety and hygiene at the workplace; cleaning, decontamination and disinfection at the workplace;

d) Preventing and combating sexual harassment at work; the order and procedures for handling sexual harassment acts at the workplace: the employer shall prescribe the prevention and combat of sexual harassment according to the provisions of Article 85 of this Decree;

dd) Protection of assets and business secrets, technology secrets, intellectual property of the employer: prescribe the list of assets, documents, technology secrets, business secrets, ownership wisdom; responsibilities and measures applied to protect assets and secrets; acts of infringing upon property and secrets;

e) In case of being temporarily transferred employees to work different from the labor contract: specify the cases in which, due to production and business needs, the employee is temporarily transferred to work other than the contract. labor according to the provisions of Clause 1, Article 29 of the Labor Code;

g) Violations of labor discipline by employees and forms of labor discipline: specifying violations of labor discipline; form of handling labor discipline corresponding to violations;

h) Material liability: stipulates cases in which compensation must be paid for damage to tools and equipment or acts of causing property damage; due to loss of tools, equipment, property or consumption of materials beyond the norm; the level of compensation corresponding to the level of damage; the person competent to handle compensation for damage;

i) Person competent to handle labor discipline: the person competent to enter into a labor contract on the employer's side specified in Clause 3, Article 18 of the Labor Code or the person specified in the Labor Code. labor regulations.

3. Before promulgating labor regulations or amending and supplementing labor regulations, the employer must consult the representative organization of employees at the grassroots level, for the place where the representative organization is located. workers at the facility. The consultation with the representative organization of employees at the grassroots level shall comply with the provisions of Clause 1, Article 41 of this Decree.

4. After being promulgated, the labor regulations must be sent to each employee representative organization at the grassroots level (if any) and notified to all employees, and at the same time post up the main contents in places where necessary. necessary in the workplace.

Article 70. Order and procedures for handling labor discipline

The order and procedures for handling labor discipline in Clause 6, Article 122 of the Labor Code are prescribed as follows:

1. When detecting that an employee has committed a violation of labor discipline at the time of the violation, the employer shall make a record of the violation and notify the representative organization of the employee. at the establishment where the employee is a member, the legal representative of the employee is under 15 years old. In case the employer detects a violation of labor discipline after the violation has occurred, collect evidences to prove the employee's fault.

2. Within the statute of limitations for handling labor discipline specified in Clauses 1 and 2, Article 123 of the Labor Code, the employer shall hold a meeting to handle labor discipline as follows:

a) At least 05 working days before the date of conducting the meeting to handle labor discipline, the employer shall notify the content, time and location of the meeting to handle the labor discipline, full name of the employee; subject to labor discipline, violations subject to labor discipline shall be subject to all parties who must attend the meeting specified at point b, point c, clause 1, Article 122 of the Labor Code, ensuring that all members must attend the meeting. this notice received prior to the meeting;

b) Upon receiving the notice of the employer, the parties that must attend the meeting specified at Points b and c, Clause 1, Article 122 of the Labor Code must confirm their attendance at the meeting with the employer. motion. In case one of the participants who must attend cannot attend the meeting according to the announced time and place, the employee and the employer shall agree to change the time and place of the meeting; if the two parties cannot reach an agreement, the employer shall decide the time and place of the meeting;

c) The employer shall hold a meeting to handle labor discipline according to the time and place notified as prescribed at Points a and b of this Clause. In case one of the members who must attend the meeting specified at Points b and c, Clause 1, Article 122 of the Labor Code fails to confirm attendance at the meeting or is absent, the employer will still conduct a meeting to deal with the problem. labor discipline.

3. Contents of a meeting to handle labor discipline must be recorded in writing, approved before the end of the meeting and signed by attendees of the meeting specified at Points b and c, Clause 1, Article 122 of this Law. According to the Labor Code, in case someone does not sign the minutes, the person recording the minutes shall clearly state their full name and reasons for not signing (if any) in the content of the minutes.

4. Within the statute of limitations for handling labor discipline specified in Clauses 1 and 2, Article 123 of the Labor Code, the person competent to handle labor discipline shall issue a decision on labor discipline and send it to the participants must attend as prescribed at point b, point c, clause 1, Article 122 of the Labor Code.

Article 71. Order and procedures for handling compensation for damage

The order and procedures for handling compensation for damage in Clause 2, Article 130 of the Labor Code are prescribed as follows:

1. When detecting that the employee has damaged, lost tools, equipment or lost the property of the employer or other property assigned by the employer or committed other acts causing If the employer causes damage to the employer's property or consumes materials beyond the allowable limit, the employer shall request the employee to report in writing on the incident.

2. Within the statute of limitations for handling damage compensation specified in Article 72 of this Decree, the employer shall hold a meeting to handle damage compensation as follows:

a) At least 05 working days before conducting the meeting to handle damage compensation, the employer shall notify the parties that must attend the meeting, including: the members specified at Points b and c, Clause 1 of this Article. 122 Article XNUMX of the Labor Code, price appraisers (if any); ensure these parties receive notice before the meeting. The notice must clearly state the time and place of the meeting to handle compensation for damage; full name of the person subject to compensation and violations;

b) Upon receiving the notice of the employer, the members who must attend the meeting specified at point a of this clause must confirm their attendance at the meeting with the employer. In case one of the parties cannot attend the meeting according to the time and place announced, the employee and the employer shall agree on the change of the time and place of the meeting; if the two parties cannot reach an agreement, the employer shall decide the time and place of the meeting;

c) The employer shall hold a meeting to handle damage compensation according to the time and place notified as prescribed at Points a and b of this Clause. In case one of the members who must attend the meeting specified at Point a of this Clause does not confirm his attendance or is absent, the employer shall still conduct a meeting to handle damage compensation in accordance with law.

3. Contents of a meeting to handle damage compensation must be recorded in writing, approved before the end of the meeting and signed by participants of the meeting as prescribed at Point a, Clause 2 of this Article. If someone does not sign the minutes, the person recording the minutes shall clearly state their full names and reasons for not signing (if any) in the minutes' contents.

4. The decision on settlement of damage compensation must be issued within the statute of limitations for handling compensation for damage. The decision on handling of compensation for damage must clearly state the level of damage; the cause of the damage; the level of compensation for damage; the time limit and form of compensation for damage and shall be sent to all participants required to attend the meeting specified at Point a, Clause 2 of this Article.

5. Other cases of compensation for damage comply with the provisions of the Civil Code.

Article 72. Statute of limitations for handling compensation for damage

The statute of limitations for handling compensation for damage in Clause 2, Article 130 of the Labor Code is prescribed as follows:

1. The statute of limitations for handling compensation is 06 months from the date the employee damages or loses tools and equipment or loses the employer's property or other property caused by the employee. the employer assigns or commits other acts that cause damage to the employer's property or consume materials beyond the allowable limit.

2. Failure to process compensation for damage to employees who are in the period specified in Clause 4, Article 122 of the Labor Code.

3. Upon the expiration of the time limit specified in Clause 4, Article 122 of the Labor Code, if the statute of limitations has expired or the statute of limitations is still there but is less than 60 days, the statute of limitations for handling compensation for damage may be extended but not exceeding 60 days from the date of issue. from the date of expiration of the above period.

Article 73. Complaints about labor discipline and material responsibility

Persons who are disciplined at work, temporarily suspended from work or have to pay compensation according to the material liability regime, if they find it unsatisfactory, have the right to complain to the employer, to the competent agency according to the provisions of law. the Government's regulations on settling complaints in the labor field or requesting the settlement of individual labor disputes according to the order specified in Section 2, Chapter XIV of the Labor Code.

In case the employer decides to discipline the employee in the form of dismissal in contravention of the law, in addition to the obligations and responsibilities prescribed by the Government on settlement of complaints in the labor field or To settle individual labor disputes according to the order prescribed in Section 2, Chapter XIV of the Labor Code, the employer is obliged to comply with the provisions of Article 41 of the Labor Code.

Chapter IX

WOMEN LABOR AND GENDER EQUALITY GUARANTEE

Section 1. GENERAL PROVISIONS ON WOMEN LABOR AND GENDER EQUALITY GUARANTEE

Article 74. Employers employing many female employees

An employer that employs many female employees is an employer in one of the following cases:

1. Employing from 10 female employees to less than 100 female employees, in which female employees account for 50% or more of the total number of employees.

2. Employing from 100 female employees to less than 1.000 female employees, in which female employees account for 30% or more of the total number of employees.

3. Employing 1.000 female employees or more.

Article 75. Places with many employees

The place with many employees is determined as follows:

1. Industrial parks, industrial clusters, export processing zones, economic zones, high-tech zones (hereinafter referred to as industrial parks) with 5.000 or more employees working in enterprises and participating social insurance in the industrial zone.

2. Communes, wards and townships with 3.000 or more employees registered for permanent residence or temporary residence in such commune, ward or township.

Article 76. Room for expressing and storing breast milk

The room to express and store breast milk is a private space, not a bathroom or toilet; have electricity, water, sanitary tables, chairs, refrigerators, fans or air conditioners; arranged in a location convenient to use, shielded from intrusion, visibility of colleagues and the public so that female workers can breastfeed or express or store milk.

Article 77. Kindergarten, kindergarten class

Kindergarten and kindergarten are preschool education establishments as prescribed in Article 26 of the Education Law, including:

1. Kindergartens and independent children's groups accept children from 03 months to 03 years old.

2. Independent kindergartens and kindergartens accept children from 03 to 06 years old.

3. An independent preschool and kindergarten class is an educational institution that combines kindergarten and kindergarten, accepting children from 03 months old to 06 years old.

Section 2. GUARANTEE OF GENDER EQUALITY AND SPECIAL REGULATIONS FOR WOMEN EMPLOYEES

Article 78. Employee's equal right to work and take measures to ensure gender equality

1. Equal rights of workers:

a) Employers are responsible for exercising equal rights of female and male employees, taking measures to ensure gender equality in recruitment, employment, training, salary, reward, promotion, remuneration, social insurance, health insurance, unemployment insurance, working conditions, labor safety, working time, rest time, sickness, maternity, other material and spiritual welfare regimes;

b) The State ensures equal rights of female and male workers, and takes measures to ensure gender equality in the fields specified at Point a, Clause 1 of this Article in labor relations.

2. Employers are responsible for consulting female employees or their representatives when deciding on issues related to women's rights, obligations and interests. The consultation of female labor representatives shall comply with the provisions of Clause 1, Article 41 of this Decree.

3. The State encourages employers to:

a) Prioritize recruitment and employment of women when they meet the conditions and standards for doing jobs suitable for both men and women; giving priority to entering into new labor contracts for female employees in case the labor contract expires;

b) Implement regimes and policies towards female employees better than those prescribed by law.

Article 79. Promotion of welfare and improvement of working conditions

1. The employer must ensure that there are enough suitable bathrooms and toilets at the workplace in accordance with regulations of the Ministry of Health.

2. Employers are encouraged to coordinate with employee representative organizations at the grassroots:

a) Plan and implement solutions for female and male employees to have regular jobs, apply flexible working schedule, work part-time, and assign work from home. , training to improve skills; female workers receive additional training in preventive occupations suitable to women's physical, physiological and maternal functions;

b) Building cultural, sports, medical, housing and other physical facilities to serve employees in places with many laborers.

Article 80. Health care for female employees

1. During periodical medical examination, female employees are entitled to gynecological examination according to the list of obstetrics and gynecological examination promulgated by the Ministry of Health.

2. Employers are encouraged to create conditions for pregnant female employees to take more leave than prescribed in Article 32 of the Law on Social Insurance.

3. Leave during menstruation of female employees:

a) Female employees during menstruation have the right to take a break every day of 30 minutes counted in working time and still receive full salary according to the labor contract. The number of days with rest time during menstruation shall be agreed upon by the two parties in accordance with the actual conditions at the workplace and the needs of female employees, but must be at least 03 working days in a month; specific time off of each month as notified by the employee to the employer;

b) In case female employees have more flexible leave requirements than those specified at Point a of this Clause, the two parties shall agree to arrange leave in accordance with actual conditions at the workplace and the needs of employees. female;

c) In case the female employee has no need to take leave and is approved by the employer to let the employee work, in addition to the salary she is entitled to as prescribed in point a of this clause, the employee shall be paid an additional salary. according to the work that the employee has done during the time off and this working time is not included in the employee's overtime.

4. Leave while raising children under 12 months old:

a) Female employees while raising children under 12 months old have the right to take a 60-minute break every day during working time to breastfeed, express, store milk and rest. The time off is still entitled to full salary according to the labor contract;

b) In case female employees have a more flexible need for leave than specified at Point a of this Clause, the employee shall negotiate with the employer to arrange leave in accordance with actual conditions at the workplace. work and needs of female workers;

c) In case the female employee has no need to take leave and is approved by the employer to let the employee work, in addition to the salary she is entitled to as prescribed in point a of this clause, the employee shall be paid an additional salary. according to the work performed by the employee during the time off.

5. Employers are encouraged to install rooms for expressing and storing breast milk in accordance with the actual conditions at the workplace, the needs of female employees and the capabilities of the employer. In case the employer employs 1.000 female workers or more, it must install a room for expressing and storing breast milk at the workplace.

6. Employers are encouraged to create conditions for female employees to raise children aged 12 months or older to express and store breast milk at the workplace. Time off for expressing and storing breast milk shall be agreed upon by the employee with the employer.

Article 81. Organization of kindergartens and kindergartens in places with many laborers

1. Provincial-level People's Committees are responsible for:

a) Allocate the land fund for construction of kindergartens and kindergartens in places with many laborers in the local land use plan;

b) Build kindergartens and kindergartens to meet the needs of workers;

c) Invest in infrastructure, build part or the whole of the work or use the existing house and infrastructure fund to rent to organizations and individuals to establish kindergartens and kindergartens to serve the needs of the people. demand of workers;

d) Direct the strict implementation of mechanisms and policies on socialization of education, creating favorable conditions for land, loan capital and administrative procedures for enterprises, organizations and individuals to invest in house construction. children, kindergarten to serve the needs of workers;

d) Perform state management responsibilities on education in accordance with law.

2. People-founded and private kindergartens and kindergartens in places where many employees are employed are entitled to the policies applicable to people-founded and private independent preschool educational institutions in the area where the industrial park is located as prescribed in Clause 5 of this Article. Article 105 of Decree No. 2020/08/ND-CP dated September 9, 2020 of the Government stipulating policies on early childhood education development.

3. Pre-school children who are children of employees working at places with many employees are entitled to the same policies as preschool children who are children of workers or workers in industrial parks as prescribed in Article 8 of the Decree. No. 105/2020/ND-CP dated September 08, 9 of the Government regulating policies on early childhood education development.

4. Preschool teachers working at private or private kindergartens or kindergartens in areas with many laborers are entitled to policies applicable to preschool teachers working at people-founded preschool education institutions. private sector in the area with an industrial park specified in Article 10 of the Government's Decree No. 105/2020/ND-CP dated September 08, 9 stipulating policies on early childhood education development.

5. Employers are encouraged to organize and build kindergartens and kindergartens or partially support the construction costs of kindergartens and kindergartens.

Article 82. Employers' help and support in child care and kindergarten expenses for employees

Based on specific conditions, the employer shall develop plans and plans to help and partially support child care costs at kindergartens and kindergartens for employees with children of child care age. kindergarten in cash or in kind. The employer decides the level and duration of support after discussing and discussing with the employee's side through dialogue at the workplace specified in Article 63, Article 64 of the Labor Code and Chapter V of the Labor Code. this determination.

Article 83. Employer support policies

1. Employers invest in the construction of kindergartens, kindergartens, medical facilities, cultural works and other welfare works, ensuring the conditions on scale and standards according to regulations on policies and procedures. If the policy is to encourage socialization, they will be entitled to incentives according to the regulations on the policy to encourage socialization for activities in the fields of education, vocational training, health care, culture, sports and the environment.

In case of investment in building housing for employees, they are entitled to preferential policies in accordance with the provisions of the Law on Housing.

In case of investment, organization of kindergartens or kindergartens, the rent of facilities shall be exempted or reduced.

2. Employers are supported by the State as follows:

a) Employers employing many female employees are entitled to a tax reduction in accordance with tax laws;

b) Additional expenditures for female employees, ensuring gender equality and preventing and combating sexual harassment at the workplace specified in this Decree shall be included in deductible expenses when determining taxable income. enter enterprises according to regulations of the Ministry of Finance.

Section 3. PREVENTION OF SEXUAL HARASSMENT AT WORKSHOP

Article 84. Sexual harassment at work

1. Sexual harassment specified in Clause 9 Article 3 of the Labor Code may occur in the form of an exchange such as an offer, request, suggestion, threat, or coercion in exchange for sexual relations for any benefit. any work-related benefits; or acts of a sexual nature that are not intended to be exchanged, but that make the work environment uncomfortable and unsafe, causing physical and mental harm, work performance and the life of the victim. trouble.

2. Sexual harassment in the workplace includes:

a) A physical act, including an act, gesture, contact, or impact on the body of a sexual or suggestive nature;

b) Verbal sexual harassment including direct speech, telephone or electronic means with sexual content or sexual implication;

c) Non-verbal sexual harassment including body language; display, depict sexually explicit material or involve sexual activity in person or electronically.

3. The workplace specified in Clause 9 Article 3 of the Labor Code is any place where the employee actually works as agreed or assigned by the employer, including places or work-related spaces such as social activities, seminars, training, official business trips, meals, telephone conversations, electronic communication activities, media transportation arranged by the employer from the place of residence to the place of work and vice versa, the place of residence provided by the employer and other places specified by the employer.

Article 85. Employer's regulations on prevention and combat of sexual harassment at work

1. The employer's regulations on prevention and combat of sexual harassment in the labor regulations or in the appendix issued together with the labor regulations, including the following basic contents:

a) Strictly prohibit sexual harassment in the workplace;

b) Provide detailed and specific regulations on acts of sexual harassment at the workplace in accordance with the nature and characteristics of the job and the workplace;

c) Responsibilities, time limits, order and procedures for internal handling of sexual harassment acts at the workplace, including responsibilities, time limits, order and procedures for complaints and denunciations, settlement of complaints, denunciations and related regulations;

d) The form of labor discipline for the person who commits the act of sexual harassment or the person who makes false accusations corresponding to the nature and seriousness of the violation;

d) Compensation for damage to the victim and remedial measures.

2. Employers' regulations on complaints and denunciations about sexual harassment and handling of acts of sexual harassment must ensure the following principles:

a) Quickly and promptly;

b) Protecting confidentiality, honor, reputation, dignity and safety for victims of sexual harassment, complainants, denunciators and complainants and denouncers.

Article 86. Responsibilities and obligations to prevent and combat sexual harassment at work

1. Employers are obliged to:

a) Implement and supervise the implementation of the provisions of the law on prevention and combat of sexual harassment at work;

b) Organize propaganda, dissemination and education of the laws and regulations on prevention and combat of sexual harassment at the workplace for employees;

c) When a complaint or denunciation about sexual harassment occurs at the workplace, the employer must promptly prevent, handle and take measures to protect confidentiality, honor, reputation, dignity and safety for victims of sexual harassment, complainants and whistleblowers, and those being complained or denounced.

2. Employees are obliged to:

a) Strictly comply with regulations on prevention and combat of sexual harassment at work;

b) Participate in building a work environment free of sexual harassment;

c) Prevent and denounce acts of sexual harassment at work.

3. The employee representative organization at the grassroots is responsible for:

a) Participate in the formulation, implementation and supervision of the implementation of regulations on prevention and combat of sexual harassment at the workplace;

b) Provide information, advice and represent for employees who have been sexually harassed, employees who are being complained or accused of sexual harassment;

c) Propagating, disseminating and training regulations on prevention and combat of sexual harassment in the workplace.

4. Encourage employers and employee representative organizations at the grassroots to select content on prevention and combat of sexual harassment at work to conduct collective bargaining.

Section 4. RESPONSIBILITIES FOR ORGANIZATIONAL IMPLEMENTATION OF POLICIES FOR WOMEN AND GENDER EQUALITY

Article 87. Organizing the implementation of policies towards female employees and ensuring gender equality

1. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with relevant agencies in, propagating and disseminating policies towards female workers, ensuring gender equality and preventing and combating sexual harassment in the workplace. Workplace.

2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with relevant agencies in, guiding the implementation of the provisions of Clause 2, Article 83 of this Decree.

3. The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with relevant agencies in, guiding the implementation of the provisions of Article 81 of this Decree.

4. The Ministry of Health is responsible for:

a) Guide to standards on bathrooms and toilets specified in Clause 1, Article 79 of this Decree;

b) Issue the list of gynecological examination for female employees specified in Clause 1, Article 80 of this Decree;

c) Guidelines for the implementation of the room for expressing and storing breast milk are specified in Clause 5, Article 80 of this Decree.

5. Provincial-level People's Committees are responsible for:

a) Propagating, disseminating, examining and inspecting the implementation of policies towards female employees, ensuring gender equality and preventing and combating sexual harassment at work as prescribed in this Chapter;

b) Review and determine where there are many employees and organize the implementation of the provisions of Article 81 of this Decree.

6. Request the Vietnam Fatherland Front and its member organizations, within the ambit of their tasks and powers, to supervise the implementation of the provisions of this Chapter.

Chapter X

SPECIFIC PROVISIONS FOR HOUSEHOLD ASSISTANT EMPLOYEES

Article 88. Labor is a domestic helper

A domestic worker is an employee defined in Clause 1, Article 3 of the Labor Code who has entered into a written labor contract to do the jobs specified in Clause 1, Article 161 of the Ministry of Labor. Labor law.

Article 89. Some specific regulations for domestic workers

1. Regulations on the form of labor contract according to Article 14 and Clause 1 Article 162; the obligation to provide information when entering into a labor contract under Article 16; the content of the labor contract according to Clause 1, Article 21; unilaterally terminate the labor contract under Clause 2 Article 35, Clause 3 Article 36 and Clause 2 Article 162; obligations when unilaterally terminating the labor contract illegally according to Articles 40 and 41; severance allowance under Article 46 of the Labor Code shall be paid as follows:

a) When accepting employees to work, the employer must sign a labor contract with the employee. The form of a signed labor contract must be in writing according to the provisions of Clause 1, Article 14 and Clause 1, Article 162 of the Labor Code;

b) Before signing a labor contract, the employee and the employer are obliged to provide information as prescribed in Article 16 of the Labor Code, at the same time the employer must clearly provide information about the scope of work to be done, living and accommodation conditions of employees at the employer's family and other necessary information related to ensuring health and safety in the performance of work. the work requested by the employee;

c) Contents of the labor contract as prescribed in Clause 1, Article 21 of the Labor Code. Pursuant to Form No. 01/PLV Appendix V issued together with this Decree, the employer and the employee are responsible for agreeing specifically on the rights, obligations and interests of each party in the labor contract. to comply with actual conditions but must ensure the main contents specified in Clause 1, Article 21 of the Labor Code;

d) During the performance of the labor contract, each party has the right to unilaterally terminate the labor contract without reason but must give at least 15 days notice, except for the following cases where no prior notice is required:

d1) The employee unilaterally terminates the labor contract for the following reasons: Not being assigned the right job, working location or not being able to ensure the agreed working conditions, except for the case specified in Clause 29 of this Article. Article 4 of the Labor Code; not being paid in full or on time, except for the case specified in Clause 97, Article 1 of the Labor Code; being abused, beaten by the employer or having insulting words or acts, acts affecting health, dignity and honor; forced labor; being sexually harassed at work; pregnant female employees must take leave as prescribed in Clause 138, Article 169 of the Labor Code; full retirement age as prescribed in Article 1 of the Labor Code, unless otherwise agreed by the parties; the employer provides untruthful information as prescribed in Clause 16, Article XNUMX of the Labor Code, affecting the performance of the labor contract;

d2) The employer unilaterally terminates the labor contract for the following reasons: The employee is not present at the workplace after the time limit specified in Article 31 of the Labor Code; the employee voluntarily quits without a valid reason for 05 consecutive working days or more;

dd) Illegal unilateral termination of a labor contract is a case of unilaterally terminating a labor contract in contravention of the provisions of Point d of this Clause. When unilaterally terminating the labor contract illegally, the employee is obliged to comply with the provisions of Article 40, and the employer is obliged to comply with the provisions of Article 41 of the Labor Code. In case the employer violates the notice period according to point d of this clause, it must pay the employee an amount equivalent to the salary according to the labor contract in the days without notice;

e) When the labor contract is terminated as prescribed in Clauses 1, 2, 3, 4, 6 and 7, Article 34 of the Labor Code and point d of this Clause, the employer is responsible for paying the grant severance to employees according to the provisions of Article 46 of the Labor Code; Both parties are responsible for paying in full the amounts related to each party's interests.

2. The employee and the employer agree on salary and bonus and pay salary and bonus according to the provisions of Chapter VI (except for Article 93) of the Labor Code, in which the employee's salary agreement in the labor contract as prescribed in Clauses 1 and 2, Article 90 of the Labor Code, including the salary according to the job, salary allowances and other additional amounts, if any. The salary according to the job, including the cost of meals and accommodation, of the employee at the employer's family (if any) must not be lower than the regional minimum wage announced by the Government. The employer and the employee agree on the monthly cost of meals and accommodation for the employee (if any), not exceeding 50% of the salary according to the job specified in the labor contract.

3. Working time and rest time comply with the provisions of Chapter VII of the Labor Code and Chapter VII of this Decree, in which rest time in normal working days and weekly rest days are taken. appear as follows:

a) On a normal working day, in addition to the working hours agreed in the labor contract as prescribed, the employer must ensure and create conditions for the employee to have at least 8 hours of rest, of which have 6 consecutive hours in 24 consecutive hours;

b) The employee is entitled to weekly rest as prescribed in Article 111 of the Labor Code. In case the employer cannot arrange weekly rest, he/she must ensure that the employee is entitled to 01 month off on average. at least 04 days.

4. The employer is responsible for paying at the same time as the salary payment period to the employee an amount equal to the rate of payment of compulsory social insurance and health insurance under the responsibility of the employer as prescribed. of the law on social insurance and health insurance so that employees can actively participate in social insurance and health insurance.

In case an employee concurrently enters into many labor contracts to work as domestic workers, the employer's responsibility to pay social insurance and health insurance premiums shall be performed according to each labor contract.

5. Occupational safety and hygiene for domestic workers are implemented as follows:

a) The employer is responsible for providing instructions on how to use the machine, equipment, utensils, and measures to prevent and combat fire and explosion in the family related to the employee's work; provide personal protective equipment for employees during work;

b) When an employee suffers an occupational accident or an occupational disease, the employer must perform the responsibilities towards the employee as prescribed in Articles 38 and 39 of the Law on Occupational Safety and Health. ;

c) Employees are responsible for strictly observing the instructions on the use of machines, equipment, tools and preventing and fighting against fire and explosion; ensure the environmental sanitation requirements of households and residents in the place of residence.

6. Labor discipline and material responsibility towards employees are implemented as follows:

a) The employer and employee shall specify the acts, forms of labor discipline, and material responsibility according to the provisions of Clause 2, Article 118 and Article 129 of the Labor Code, and record in writing. in the labor contract or expressed in other forms of agreement;

b) Forms of labor discipline applied to employees include reprimand and dismissal according to Clauses 1 and 4, Article 124 of the Labor Code;

c) The form of dismissal discipline is applied by the employer in the following cases: The employee commits violations specified in Clauses 1, 2 and 4, Article 125 of the Labor Code or the employee abuses, beats or commits abusive words, acts, acts affecting the health, dignity and honor of the employer or a member of the household;

d) When detecting that the employee has committed violations of labor discipline, the employer shall consider and handle the labor discipline in the form specified at Point b of this Clause against the employee. In case the employee is from full 15 years old to under 18 years old, the employer must notify the labor discipline handling to the legal representative of the employee;

dd) The labor discipline handling of employees must comply with the principles, order and procedures specified at Points a, c, Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5, Article 122 of the Labor Code.

Article 90. Obligations of employers and employees

1. To perform the obligations specified in Articles 163, 164 and 165 of the Labor Code.

2. The employer must notify the People's Committee of the commune, ward or township (hereinafter referred to as the People's Committee of the commune) of the corresponding employment and termination of employment according to Form No. 02/PLV, Form No. 03/PLV Appendix V issued together with this Decree within 10 days from the date of signing the labor contract or terminating the labor contract.

Article 91. Responsibilities for managing domestic workers

1. Provincial-level People's Committees direct the Department of Labor, War Invalids and Social Affairs to guide the Division of Labor, War Invalids and Social Affairs to propagate and disseminate legal regulations on labor as domestic servants. family; manage, inspect, examine and supervise the implementation of regulations on labor as domestic workers in the locality.

2. The People's Committees of districts, towns, provincial cities and centrally run cities (hereinafter referred to as district-level People's Committees) shall direct the Division of Labor - Invalids and Social Affairs : To guide commune-level civil servants in propagating, disseminating and stipulating the law on labor as domestic workers; manage, inspect, examine and supervise the implementation of regulations on labor as domestic workers in the locality.

3. Commune-level People's Committees:

a) Organize propaganda and dissemination of legal provisions on labor as domestic helpers under the guidance of the Department of Labor - Invalids and Social Affairs and the Division of Labor - Invalids and Social Affairs;

b) Assign a focal point to monitor, manage, inspect and supervise the implementation of legal regulations on domestic workers in the area under their management;

c) Receive notice of employment or termination of employment of domestic workers specified in Clause 2, Article 90 of this Decree; synthesize and report on employment of domestic workers in the area under their management at the request of competent state management agencies.

Chapter XI

SETTLEMENT OF LABOR DISPUTES

Section 1. LABOR mediation

Article 92. Standards for labor mediators

1. Be a Vietnamese citizen, have full civil act capacity as prescribed by the Civil Code, have good health and moral qualities.

2. Having a university degree or higher and having at least 03 years working in the field related to labor relations.

3. Not being examined for penal liability or have completed serving the sentence but have not yet had the criminal record cleared.

Article 93. Order and procedures for appointment of labor mediators

1. Make a plan to select and appoint a labor mediator

a) In the first quarter of each year, the Division of Labor - Invalids and Social Affairs is responsible for reviewing the need for selection and appointment of a labor mediator under its management to make a plan and report to the Department of Labor - Trade and Industry. Military and Social Affairs before March 31 of each year;

b) The Department of Labor, War Invalids and Social Affairs synthesizes the plan of the Divisions of Labor, War Invalids and Social Affairs and the plan of the Department of Labor, War Invalids and Social Affairs to develop it into a general plan of the whole province. city ​​directly under the Central Government, and submit it to the President of the People's Committee of the province for approval.

2. Order and procedures for selection and appointment of labor mediators

a) Based on the plan on selection and appointment of labor conciliators approved by the President of the People's Committee of the province, the Department of Labor, War Invalids and Social Affairs shall issue a written notice to the public of the selection of the mediator. laborers in the locality through the portal of agencies and units and on the mass media, and at the same time send it to the Department of Labor - Invalids and Social Affairs for coordination in implementation;

b) Within the registration period stated in the notification of selection of labor conciliators of the Department of Labor, War Invalids and Social Affairs, the individual directly registers or is registered by the State agencies, units, or major organizations. Politics, socio-political organizations and other organizations recommend participants to participate in recruitment of labor mediators with the Department of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs.

The application file includes: Application form for labor mediator; curriculum vitae certified by a competent authority; a health certificate issued by a competent health authority in accordance with regulations of the Ministry of Health; a copy from the master book, a certified copy or a copy presented with the original for comparison of relevant diplomas and certificates; a written introduction to participate as a labor mediator of relevant agencies and organizations (if any);

c) Within 05 working days from the deadline for submission of dossiers stated in the notice of selection of labor conciliators, the Division of Labor, War Invalids and Social Affairs is responsible for reviewing qualified persons, synthesizing , report to the Department of Labor, War Invalids and Social Affairs for appraisal;

d) Within 10 working days from the date of receipt of the report from the Department of Labor - Invalids and Social Affairs, the Department of Labor - Invalids and Social Affairs evaluates the application documents (including those submitted by the Department of Labor, War Invalids and Social Affairs). Department of Labor, War Invalids and Social Affairs directly receives), selects and makes a list of appointed positions of each labor mediator under the management authority of the Department of Labor, War Invalids and Social Affairs and of the Department of Labor. - Invalids and Social Affairs, submit to the Chairman of the Provincial People's Committee for consideration and appointment;

dd) Within 05 working days from the date of receiving the request of the Department of Labor, War Invalids and Social Affairs, the President of the People's Committee of the province shall consider and decide to appoint the labor mediator. The maximum term of appointment of a labor mediator shall not exceed 05 years.

3. Re-appointment of labor mediators

a) At least 03 months before the end of the appointment period, if the labor conciliator wishes to continue working as a labor mediator, he/she shall send an application for re-appointment to the Department of Labor, War Invalids and Social Affairs. ;

b) Pursuant to the annual plan on selection and appointment of labor mediators approved by the President of the provincial People's Committee; the results of the review of standards and assessment of the performance of duties of the labor conciliator according to the management decentralization, within 10 working days from the date of receipt of the application for re-appointment of the labor mediator. Department of Labor, War Invalids and Social Affairs shall send a document to the Chairman of the provincial People's Committee;

c) Within 05 working days from the date of receiving the request of the Department of Labor, War Invalids and Social Affairs, the President of the People's Committee of the province shall consider and decide on re-appointment for cases that fully meet the following criteria: standards and conditions.

4. Department of Labor - Invalids and Social Affairs, Division of Labor - Invalids and Social Affairs shall publicize, update and publish the list of full names, assigned areas of operation, phone numbers and contact addresses of employees. The labor mediator is appointed or re-appointed on the portal of the agency or unit and announced on the local mass media so that the employee and employer know and contact.

Article 94. Dismissal of labor mediators

1. The labor mediator is dismissed in one of the following cases:

a) There is an application to stop working as a labor mediator;

b) Failing to meet the criteria specified in Article 92 of this Decree;

c) There is a violation of the law that harms the interests of the parties or the interests of the State when performing the duties of the labor mediator as prescribed by law;

d) Having 02 years of being assessed for not completing their tasks according to the regulations on management of labor conciliators;

dd) Refuse conciliation task 02 or more times when assigned to participate in the settlement of labor disputes or disputes over vocational training contracts without plausible reasons as prescribed in regulations on management of conciliation. labor member.

2. Order and procedures for dismissal of labor mediators

a) For the case specified at Point a, Clause 1 of this Article, within 05 working days from the date of receipt of the application for termination of employment as a labor mediator from the labor mediator, the Department of Labor - Invalids and Social Affairs shall: and the Society shall send a written request to the President of the People's Committee of the province to consider and dismiss the labor mediator;

b) For the cases specified at Points b, c, d, and dd, Clause 1 of this Article, the Department of Labor, War Invalids and Social Affairs, based on the report of the Division of Labor, War Invalids and Social Affairs and results the results of the review and submission to the President of the People's Committee of the province for consideration and dismissal of the labor mediator;

c) Within 10 working days from the date of receiving the request of the Department of Labor, War Invalids and Social Affairs, the President of the provincial People's Committee shall consider and decide to dismiss the labor mediator.

Article 95. Competence, order and procedures for appointing labor mediators

1. The appointment of a labor mediator to perform the conciliation task shall be carried out by the Department of Labor - Invalids and Social Affairs or the Division of Labor - Invalids and Social Affairs as decentralized in the regulations on management of labor mediators. .

2. Order and procedures for appointing a labor mediator

a) An application for settlement of labor disputes, disputes over vocational training contracts and requests for assistance in developing industrial relations shall be sent to the Department of Labor, War Invalids and Social Affairs or the Department of Labor and War Invalids. and Society or labor mediator.

In case the labor conciliator directly receives the petition from the disputing object for settlement, within 12 hours after receiving the application, the labor mediator must transfer it to the Department of Labor - Invalids and Social Affairs. Social Affairs or the Department of Labor - Invalids and Social Affairs is managing the labor mediator to classify the processing;

b) Within 05 working days from the date of receipt of the request, according to management decentralization, the Department of Labor - Invalids and Social Affairs or the Division of Labor - Invalids and Social Affairs is responsible for classifying and documenting the request. Appointment of a labor mediator to settle according to regulations.

In case of receiving an application from a labor mediator as prescribed at Point a of this Clause, within 12 hours after receiving the application, according to the management decentralization, the Department of Labor - Invalids and Social Affairs or the Department of Labor Labor – War Invalids and Social Affairs issues a document to appoint a labor mediator according to regulations.

3. Depending on the complexity of the case, the Department of Labor - Invalids and Social Affairs or the Division of Labor - Invalids and Social Affairs may appoint one or several labor mediators to join the settlement.

Article 96. Operational regimes and conditions of labor mediators

1. Labor mediators are entitled to the following regimes:

a) For each actual day of performing the duties of a labor conciliator appointed by a competent agency, he/she is entitled to a bonus of 5% of the average monthly minimum salary calculated by regions for employees working under contracts; The labor contract is regulated by the Government from time to time (from January 01, 01, the regional minimum wage is specified in the Government's Decree No. 2021/90/ND-CP dated November 2019, 15). .

Provincial-level People's Committees may consider and submit to People's Councils of the same level for decision to apply a higher level of compensation than the level specified at this point in accordance with the local budget capacity;

b) To be facilitated by the agency, unit or organization where he/she is working, to arrange an appropriate time to participate in performing the tasks of the labor mediator as prescribed;

c/ To be entitled to the prescribed regime of working-trip allowances for state officials, public employees and employees during the performance of the labor mediator's duties as prescribed;

d) To participate in training, retraining and improvement of professional qualifications organized by competent authorities;

d) To be commended and rewarded according to the provisions of the Law on Emulation, commended for achievements in performing the tasks of the labor mediator as prescribed;

e) To enjoy other benefits as prescribed by law.

2. The agency that appoints the labor mediator specified in Article 95 of this Decree shall arrange the location, working facilities, documents, stationery and other necessary conditions for the labor conciliator. work.

3. Funds for payment of operating regimes and conditions specified in Clauses 1 and 2 of this Article shall be covered by the state budget. The budgeting, management and settlement of funds comply with the law on state budget.

Article 97. Management of labor mediators

1. Ministry of Labor, War Invalids and Social Affairs:

a) Formulate and submit to competent authorities for promulgation or promulgate according to its competence legal documents on labor mediators;

b) Propagate, guide, inspect, examine and supervise the implementation of regulations on labor conciliation;

c) Develop contents, programs and organize training, retraining and improvement of professional capacity for labor mediators.

2. Presidents of the People's Committees of provinces:

a) Appointing, re-appointing, dismissing and managing the activities of labor mediators in the province.

For provinces and centrally-run cities with many enterprises and employees, and many labor disputes arising, it is possible to consider and appoint a number of full-time labor mediators under the Department of Labor - Invalids and Social Affairs. Society. The full-time labor mediator is responsible for participating in resolving labor disputes, disputes over vocational training contracts, supporting the development of labor relations and helping the Department of Labor - Invalids and Social Affairs in public management. local labor conciliation. The criteria for selection, appointment and duties of full-time labor mediators shall comply with regulations on management of labor conciliators;

b) Issue regulations on management of labor mediators, decentralize management of labor mediators under the Department of Labor - Invalids and Social Affairs and the Division of Labor - Invalids and Social Affairs;

c) Direct the formulation and implementation of regimes, policies, emulation and commendation for labor mediators according to regulations.

3. Department of Labor, War Invalids and Social Affairs:

a) Formulate and submit to the Chairman of the provincial People's Committee the regulation on management of labor mediators;

b) Advise and assist the President of the People's Committee of the province in managing the labor mediator in the locality;

c) Make and implement the annual plan on selection and appointment of labor mediators;

d) Appoint a labor mediator to perform the task of resolving disputes and supporting the development of labor relations according to management decentralization; ensure working conditions for labor mediators; evaluate the performance and completion of duties of the labor mediator; implement the regime of fostering, emulation and commendation for labor mediators according to regulations; manage labor mediator files, dispute settlement cases and other related documents;

dd) To assume the prime responsibility for, and coordinate with specialized units of the Ministry of Labor, War Invalids and Social Affairs in organizing professional training and retraining for labor mediators in the locality;

e) Carry out inspection, examination and supervision of labor conciliation in accordance with the provisions of law;

g) Annually, summarize the situation of labor conciliation and report to the Chairman of the provincial People's Committee and the Ministry of Labor, War Invalids and Social Affairs.

4. Department of Labor - Invalids and Social Affairs:

a) Manage labor mediators in the district according to decentralization;

b) Make and implement the annual plan on selection and appointment of labor mediators according to decentralization;

c) Appoint a labor mediator to perform the task of resolving disputes and supporting the development of labor relations according to management decentralization; ensure working conditions for labor mediators; evaluate the operation and completion of tasks of the labor mediator, implement the mode of fostering, emulation and commendation for the labor mediator; manage and keep records of dispute settlement cases and other related documents;

d) Sending labor mediators to participate in professional training and retraining courses organized by the Ministry of Labor - Invalids and Social Affairs and the Department of Labor - Invalids and Social Affairs;

dd) Annually, summarize the situation of labor conciliation in the area and report to the Department of Labor, War Invalids and Social Affairs.

Section 2. LABOR Arbitration Council

Article 98. Standards and conditions for labor arbitrators

1. Being a Vietnamese citizen, having full civil act capacity according to the provisions of the Civil Code, having good health and moral qualities, being reputable and fair.

2. Having a university degree or higher, understanding the law and having at least 05 years working in a field related to labor relations.

3. Not being examined for penal liability, or serving a criminal sentence, or have completed serving the sentence but have not yet had a criminal record.

4. Be nominated by the Department of Labor, War Invalids and Social Affairs or the Provincial Labor Confederation or the employer's representative organization in the province to act as a labor arbitrator under the provisions of Clause 2, Article 185 of this Law. Labor Code.

5. Not being judges, procurators, investigators, enforcers, civil servants of the People's Court, People's Procuracy, investigating agency, or judgment enforcement agency.

Article 99. Appointment of labor arbitrators

1. Based on the number of labor arbitrators of the Labor Arbitration Council specified in Clause 2, Article 185 of the Labor Code and the standards and conditions for labor arbitrators specified in Article 98 of this Decree, The Provincial Labor Confederation, the employer's representative organization in the province shall make a dossier of nomination for the participant to act as a labor arbitrator and send it to the Department of Labor, War Invalids and Social Affairs.

2. Within 10 working days from the date of receipt of the application to nominate the participant to act as a labor arbitrator of the provincial-level Labor Confederation of Labor, the employer's representative organization in the province, the Service Labour, Invalids and Social Affairs is responsible for summarizing, appraising, and at the same time nominating participants to act as labor arbitrators for general synthesis and submission to the President of the provincial People's Committee to appoint a labor arbitrator. motion.

The nomination of a participant as a labor arbitrator by the Department of Labor, War Invalids and Social Affairs must ensure the correct composition of the members specified at Point a, Clause 2, Article 185 of the Labor Code to appoint the title of Chairman. and Secretary of the Labor Arbitration Council.

3. Nomination documents include:

a) Written request of the nominating agency;

b) The nominee's application to participate as a labor arbitrator;

c) Curriculum vitae certified by a competent authority;

d) Health certificate issued by a competent health agency according to regulations of the Ministry of Health;

dd) A copy from the original book, a certified copy or a copy to be presented together with the original for comparison of relevant diplomas and certificates.

4. Within 10 working days from the date of receipt of the request of the Department of Labor, War Invalids and Social Affairs, the President of the People's Committee of the province shall issue a decision to appoint a labor arbitrator to join the Council. labor arbitration.

The appointment time of the labor arbitrator is according to the term of the Labor Arbitration Council. During the term of the Labor Arbitration Council, if there is an addition or replacement for the dismissed labor arbitrator as prescribed in Article 100 of this Decree, the appointment period for the labor arbitrator supplemented or replaced shall be calculated according to the remaining time of the term of the Labor Arbitration Council.

At the end of the appointment period, the labor arbitrator fully meets the criteria and conditions specified in Article 98 of this Decree and is approved by the agencies specified at Points a, b and c, Clause 2, Article 185 of the Labor Code. If the candidate continues to nominate, he/she will be considered for re-appointment as a labor arbitrator according to the order and procedures specified in this Article.

Article 100. Dismissal of labor arbitrators

1. The labor arbitrator is relieved of duty in one of the following cases:

a) There is an application to stop working as a labor arbitrator;

b) Failing to fully satisfy the criteria and conditions specified in Article 98 of this Decree;

c) The nominating agency makes a written request for dismissal or replacement of the labor arbitrator;

d) There is a violation of the law that harms the interests of the parties or the interests of the State when performing the duties of the labor arbitrator as prescribed by law;

dd) Having 02 years of being assessed for not completing tasks according to the operating regulations of the Labor Arbitration Council.

2. Order and procedures for dismissal of labor arbitrators

a) For the case specified at Point a, Clause 1 of this Article, within 02 working days from the date of receipt of the application for resignation from the labor arbitrator, the President of the arbitration council shall: The laborer shall report in writing to the Department of Labor, War Invalids and Social Affairs. Within 03 working days after receiving the report of the Chairman of the Labor Arbitration Council, the Department of Labor, War Invalids and Social Affairs shall discuss with the nominating agency and request the Chairman of the People's Committee to provincial level considers and decides on dismissal of labor arbitrators;

b) For the cases specified at Points b, c, d, and dd Clause 1 of this Article, the Department of Labor, War Invalids and Social Affairs shall base itself on the written report of the Chairman of the Labor Arbitration Council to review the case. review and discuss with the nominating agency and request the President of the People's Committee of the province to consider and decide on dismissal of the labor arbitrator;

c) Within 10 working days from the date of receiving the request of the Department of Labor, War Invalids and Social Affairs, the President of the People's Committee of the province shall consider and decide to dismiss the labor arbitrator.

Article 101. Establishment of the Labor Arbitration Council

1. The President of the Provincial People's Committee shall decide to establish a Labor Arbitration Council with a term of 05 years, including labor arbitrators appointed under Article 99 of this Decree, in which:

a) The Chairman of the Council is the leader of the Department of Labor, War Invalids and Social Affairs, who is appointed as a labor arbitrator and works on a part-time basis;

b) The Secretary of the Council is a civil servant of the Department of Labor, War Invalids and Social Affairs who is appointed a labor arbitrator, is a permanent member of the Council, and works on a full-time basis;

c) Other members of the Council are the remaining labor arbitrators, working on a part-time basis;

d) The Labor Arbitration Council may use its own seal.

2. The Labor Arbitration Council is responsible for:

a) Settle labor disputes according to the provisions of Articles 189, 193 and 197 of the Labor Code;

b) Settlement of collective labor disputes over interests in places where employers are not allowed to go on strike as prescribed in Section 3 of this Chapter;

c) Settle other labor disputes according to the provisions of law;

d) Supporting the development of industrial relations in the province according to the operating regulations of the Labor Arbitration Council;

dd) Annually report to the President of the People's Committee of the province and notify the Department of Labor, War Invalids and Social Affairs, the provincial Labor Confederation and the employer's representative organization in the province. performance of the Labor Arbitration Council.

3. The President of the Labor Arbitration Council is responsible for:

a) Promulgate the operating regulations of the Labor Arbitration Council after consulting the Department of Labor, War Invalids and Social Affairs, the provincial Labor Confederation and the employer's representative organization in the province. ;

b) Assign specific tasks to the labor arbitrators and administer the activities of the Labor Arbitration Council;

c) Decide on the establishment of the Labor Arbitration Board; participate in and perform tasks of the Labor Arbitration Board as prescribed in Article 102 of this Decree;

d) Annually, chair a meeting of the Labor Arbitration Council to evaluate the results of each labor arbitrator's completion of tasks according to the operating regulations of the Labor Arbitration Council, summarize and report to the Chairman of the Labor Arbitration Council. Provincial People's Committee.

4. The secretary of the Labor Arbitration Council is responsible for:

a) Perform standing duties, perform administrative, organizational and logistical tasks to ensure the activities of the Labor Arbitration Council;

b) Help the Labor Arbitration Council to plan the work, organize meetings to resolve the labor dispute of the Labor Arbitration Board;

c) Receive requests to settle labor disputes, advise and propose to the Chairman of the Labor Arbitration Council to select and establish a Labor Arbitration Board;

d) Participating in and performing the tasks of the Labor Arbitration Board as prescribed in Article 102 of this Decree;

dd) Classify and archive labor dispute settlement documents according to regulations;

e) Perform other tasks as assigned by the Chairman of the Labor Arbitration Council and the operating regulations of the Labor Arbitration Council.

5. Labor arbitrators are responsible for:

a) Participating in and performing the tasks of the Labor Arbitration Board as prescribed in Article 102 of this Decree;

b) Perform other tasks according to the operating regulations of the Labor Arbitration Council and as assigned by the Chairman of the Labor Arbitration Council.

Article 102. Establishment and operation of the Labor Arbitration Board

1. Within 07 working days from the date of receipt of the request for labor dispute settlement as prescribed at Points a, b and c, Clause 2, Article 101 of this Decree, the Labor Arbitration Council shall have to establishment of the Labor Arbitration Board.

2. The composition of the Labor Arbitration Board is determined according to the provisions of Points a, b, and c, Clause 4, Article 185 of the Labor Code. If one or both of the disputing parties fail to select a labor arbitrator according to the provisions of Point a, Clause 4, Article 185 of the Labor Code, the Chairman of the Labor Arbitration Council shall decide to choose on behalf of the disputing party. does not offer that option.

In case the two selected labor arbitrators do not agree to choose another labor arbitrator to be the head of the Labor Arbitration Board as prescribed at Point b, Clause 4, Article 185 of the Labor Code, the Chairman of the arbitration council shall The labor arbitrator decides to choose another labor arbitrator to be the head of the Labor Arbitration Board.

3. When the Labor Arbitration Board is established or is in the process of dispute settlement, if there is clear evidence that the labor arbitrator participating in the dispute settlement is not impartial and objective, it may do so. affecting the rights and interests of the disputing party, the disputing party has the right to request the Chairman of the Labor Arbitration Council to change that labor arbitrator.

4. Within 30 days from the date of establishment, the Labor Arbitration Board is responsible for:

a) Read the case file, collect evidence according to the competence specified in Article 183 of the Labor Code to make a plan to settle the dispute;

b) Hold a meeting to settle the labor dispute;

c) Issue a decision on labor dispute settlement according to the principles specified in Clause 5, Article 185 of the Labor Code and send it to the disputing parties.

The decision of the Labor Arbitration Board must have the following main contents: Time (day, month, year) of issuing the decision; names and addresses of the disputing parties; content of the request for dispute settlement; grounds for dispute settlement; specific content of the dispute settlement awards of the Labor Arbitration Board; signature of the Head of the Labor Arbitration Board and the seal of the Labor Arbitration Council.

In case of failure to issue a decision, the Labor Arbitration Board shall notify the disputing parties in writing. For the cases of collective labor disputes over rights specified at Points b and c, Clause 2, Article 179 of the Labor Code, which are determined to have violated the law, the Labor Arbitration Board shall make a record and transfer dossiers and documents to competent agencies for consideration and handling in accordance with law.

5. The order of holding a meeting to resolve the labor dispute as prescribed at Point b, Clause 4 of this Article is as follows:

a) At least 05 days before holding the meeting, the Labor Arbitration Board must send a written summons to participate in the meeting to the disputing parties, clearly stating the time and place of the meeting;

b) Upon receiving the summons, the disputing parties must give feedback to the Labor Arbitration Board about their participation in the meeting. In case one of the parties has a valid reason and cannot attend the meeting according to the time and place convened, it may request the Labor Arbitration Board to change the time of holding the meeting at an appropriate time. The Labor Arbitration Board has the authority to make a final decision on the change of the meeting time and notify the parties;

c) At the meeting to settle the labor dispute, representatives of the disputing parties or authorized persons must be present as prescribed. In case one of the parties is absent, even if the request to change the meeting time is not accepted, the Labor Arbitration Board will still conduct the meeting;

d) During the meeting, the Labor Arbitration Board must clearly state the content proposed by the parties to settle, listen to the parties' specific presentation of the contents of the case and record it in a minutes, signed by each labor arbitrator. action and the disputing parties participating in the meeting.

Article 103. Operational regimes and conditions of labor arbitrators and labor arbitration councils

1. Labor arbitrators are entitled to the following regimes:

a) Every day in practice, when studying case files, collecting evidences and conducting labor dispute resolution meetings as assigned, they will be entitled to a bonus of 5% of the minimum monthly salary calculated on average in different regions. for employees working under labor contracts prescribed by the Government from time to time (from January 01, 01, the regional minimum wages are specified in Decree No. 2021/90/ND-CP dated January 2019, 15). November 11, 2019 of the Government).

Provincial-level People's Committees may consider and submit to People's Councils of the same level for decision to apply a higher level of compensation than the level specified at this point in accordance with the local budget capacity;

b) To be facilitated by the agency, unit or organization where they are working to arrange an appropriate time to participate in the Labor Arbitration Council or the Labor Arbitration Board to settle disputes;

c) To apply the regime of working-trip allowances prescribed for officials, public employees and state employees during their participation in the Labor Arbitration Board to settle disputes;

d) To participate in training, retraining and improvement of professional qualifications organized by competent authorities;

dd) To be commended and rewarded according to the provisions of the Law on Emulation, commended for achievements in performing tasks of the labor arbitrator as prescribed;

e) To enjoy other benefits as prescribed by law.

2. The secretary of the Labor Arbitration Council is entitled to a job responsibility allowance of 0,5 compared to the base salary according to the Government's Decree No. 204/2004/ND-CP dated December 14, 12 on regulations salary levels for cadres, civil servants, public employees and the armed forces. When the Government promulgated the new salary regime according to Resolution No. 2004-NQ/TW dated May 27, 21 of the Seventh Conference of the 5th Central Committee on reforming salary policy for cadres, civil servants, public employees, armed forces and employees in enterprises shall comply with the work responsibilities allowance regime according to the new regulations.

3. Operational conditions of the labor arbitrator, the Labor Arbitration Board, the Labor Arbitration Council:

a) The Department of Labor - Invalids and Social Affairs is responsible for arranging locations, working facilities, documents, stationery and other necessary conditions for the labor arbitrator, the Labor Arbitration Board, The Labor Arbitration Council operates;

b) The Labor Arbitration Council is arranged to work at the head office of the Department of Labor, War Invalids and Social Affairs;

c) The operating budget of the Labor Arbitration Council is guaranteed by the state budget and arranged annually together with the regular expenditure estimate of the Department of Labor, War Invalids and Social Affairs. The estimation, management and settlement of funds to ensure the operation of the Labor Arbitration Council comply with the law on state budget.

Article 104. State management of labor arbitrators and labor arbitration councils

1. Ministry of Labor, War Invalids and Social Affairs:

a) Formulate and submit to competent agencies for promulgation or promulgate according to its competence legal documents on labor arbitrators and the Labor Arbitration Council;

b) Propagate, guide, inspect, examine and supervise the implementation of regulations on labor arbitrators and the Labor Arbitration Council as prescribed;

c) Develop programs and contents and organize training, retraining and improvement of professional capacity for labor arbitrators.

2. Presidents of the People's Committees of provinces:

a) Appointing, dismissing labor arbitrators, establishing a labor arbitration council;

b) Direct the formulation and implementation of regimes, policies, emulation and commendation for labor arbitrators and the Labor Arbitration Council according to the provisions of this Decree.

3. Department of Labor, War Invalids and Social Affairs:

a) Appraisal of dossiers and request for appointment and dismissal of labor arbitrators, establishment of Labor Arbitration Council;

b) To give opinions to the Chairman of the Labor Arbitration Council to issue the operating regulations of the Labor Arbitration Council;

c) Ensure working conditions of the labor arbitrator, the Labor Arbitration Board, the Labor Arbitration Council; to pay the regimes, emulate and reward labor arbitrators and the Labor Arbitration Council; manage and store files on the labor arbitrator, the Labor Arbitration Council, the case file on the labor dispute settlement of the Labor Arbitration Board and other relevant documents as prescribed;

d) To assume the prime responsibility for, and coordinate with specialized units of the Ministry of Labor, War Invalids and Social Affairs in organizing professional training and retraining for labor arbitrators in the locality;

d) Inspect, examine and supervise labor arbitration in accordance with law;

e) Annually, summarizing the operation of labor arbitrators, the Labor Arbitration Council shall report to the President of the provincial People's Committee and the Ministry of Labor, War Invalids and Social Affairs.

Section 3. LIST OF WHERE EMPLOYERS CANNOT Strike and SETTLEMENT OF LABOR DISPUTES AT WHERE EMPLOYERS CANNOT Strike

Article 105. List of places where employers are not allowed to go on strike

Promulgate a list of places where employers are not allowed to strike, including enterprises and business divisions where the strike may threaten national defense, security, public order and human health according to Appendix VI. promulgated together with this Decree.

Article 106. Settlement of individual labor disputes, collective labor disputes over the right at the place where employers are not allowed to strike

1. Individual labor disputes shall be settled according to the provisions of Articles 187, 188, 189 and 190 of the Labor Code.

2. Collective labor disputes over rights shall be settled according to the provisions of Articles 191, 192, 193 and 194 of the Labor Code.

Article 107. Settlement of collective labor disputes over interests at places where employers are not allowed to go on strike

1. Collective labor disputes over interests must be resolved through the mediation procedures of the labor conciliator before requesting the Labor Arbitration Council or the President of the provincial People's Committee.

2. Settlement of collective labor disputes over the interests of the labor mediator

a) The settlement of collective labor disputes over the interests of the labor mediator shall comply with the provisions of Clauses 1 and 2, Article 196 of the Labor Code;

b) In case the conciliation is unsuccessful or the conciliation time limit specified in Clause 2, Article 188 of the Labor Code expires, the labor conciliator fails to conduct the conciliation or one of the parties fails to perform the agreement in the minutes of conciliation. If conciliation is successful, the disputing parties have the right to request the Labor Arbitration Council or the President of the People's Committee of the province to settle.

3. Settlement of collective labor disputes over the interests of the Labor Arbitration Council

a) The settlement of collective labor disputes over the interests of the Labor Arbitration Council shall comply with the provisions of Clauses 1, 2 and 3, Article 197 of the Labor Code;

b) In case the time limit specified in Clause 2, Article 197 of the Labor Code expires but the Labor Arbitration Board is not established, or the time limit specified in Clause 3, Article 197 of the Labor Code expires, but the arbitration panel does not issue a dispute settlement decision or one of the two parties fails to implement the dispute settlement decision of the Labor Arbitration Board, one of the parties has the right to request the President of the provincial People's Committee to settle the dispute. .

While the Labor Arbitration Council settles a collective labor dispute over interests, the parties may not concurrently request the President of the provincial-level People's Committee to settle it.

4. Settlement of collective labor disputes over the interests of the President of the Provincial People's Committee

a) Within 02 working days from the date of receipt of the request for settlement of a collective labor dispute over interests, the chairperson of the provincial People's Committee shall assign the Department of Labor, War Invalids and Social Affairs to coordinate with the Department of Labor, War Invalids and Social Affairs. relevant agencies propose dispute settlement;

b) Within 10 working days after being assigned by the President of the provincial People's Committee to settle the labor dispute, the Department of Labor, War Invalids and Social Affairs is responsible for coordinating with the Confederation of Labour. Provincial level action and relevant agencies to learn about the case and guide the disputing parties to negotiate and settle the dispute. If the disputing parties reach an agreement, the Department of Labor, War Invalids and Social Affairs shall make a minutes signed by the representatives of the disputing parties and report in writing to the Chairman of the provincial People's Committee notifying the conclusion. labor dispute settlement agreement. In case after the expiry of the 10-working day time limit, the disputing parties cannot reach an agreement, within the next 05 working days, the Department of Labor, War Invalids and Social Affairs shall coordinate with the provincial-level Labor Confederation and Relevant agencies shall propose a plan to settle the labor dispute and report to the President of the People's Committee of the province for consideration and decision;

c) Within 05 working days from the date of receiving the labor dispute settlement plan proposed by the Department of Labor, War Invalids and Social Affairs, the chairperson of the provincial People's Committee shall chair the meeting to invite the The disputing parties, representatives of the provincial-level Labor Confederation and relevant agencies and organizations give opinions on the dispute settlement plan and issue a decision to settle the labor dispute.

The decision to settle the labor dispute of the Chairman of the provincial People's Committee is the final decision that the disputing parties must abide by.

Article 108. Settlement of disputes related to the right to collective bargaining at places where employers are not allowed to strike

Disputes between parties related to the right to collective bargaining at the place where employers are not allowed to strike shall comply with the Government's regulations on settlement of disputes between parties related to the right to collective bargaining in accordance with the provisions of this Law. specified in Clause 4, Article 68 of the Labor Code.

Section 4. SUCCESSFUL SUPPLEMENTATION AND STOP AND SETTLEMENT OF EMPLOYEES' RIGHTS

Article 109. Cases of postponing or stopping a strike

1. Strike postponement means the decision by the President of the People's Committee of the province to delay the start of the strike specified in the strike decision of the employee representative organization at the grassroots level that has the right to organize and strike leaders.

2. Strike cessation means the decision by the President of the provincial-level People's Committee to suspend an ongoing strike until there is no longer a risk of causing serious damage to the national economy, public interests, threaten national defense, security, public order and human health.

3. Cases of postponement of strike:

a) The strike is expected to be held at the units providing electricity, water, public transport and other services directly serving the organization of meetings to celebrate holidays and New Year's Eve specified in Clause 1, Article 112 of the Ministry of Finance. Labor law;

b) The strike is planned to be held in the area where activities are taking place to prevent and remedy the consequences of natural disasters, fires, dangerous epidemics, or a state of emergency as prescribed by law.

4. Cases of stoppage of strike:

a) The strike takes place in an area where a natural disaster, fire, dangerous epidemic or state of emergency occurs as prescribed by law;

b) The strike lasts until the third day at the units providing electricity, water and public sanitation, affecting the environment, living conditions and people's health in the provincial city;

c) The strike takes place with violent and disruptive acts, affecting the property and life of investors, causing serious damage to the national economy, public interests, threatening the nation. room, security, public order, human health.

Article 110. Order and procedures for delaying a strike

1. Within 24 hours from the date of receipt of the strike decision from the employee representative organization at the grassroots level having the right to organize and lead the strike, the Director of the Department of Labor, War Invalids and Social Affairs must consider If it is found that the strike falls under the circumstances specified in Clause 3, Article 109 of this Decree, it shall send a written report to the President of the provincial People's Committee for the decision to postpone the strike.

A written request for postponement of a strike to the President of the People's Committee of the province must include the following basic details: the name of the employer where the strike is expected to take place, the name of the organization representing the employees. and strike leaders; the expected location of the strike; expected time of the strike; requirements of the representative workers' organizations; the necessary reasons for the postponement of the strike; proposes to postpone the strike, the time limit for the postponement of the strike and measures to implement the decision to postpone the strike of the Chairman of the provincial People's Committee.

2. Within 24 hours after receiving the report from the Director of the Department of Labor, War Invalids and Social Affairs, the President of the provincial People's Committee shall consider and issue a decision to postpone the strike. Within 12 hours from the date of issuance of the decision, the President of the Provincial People's Committee must notify the President of the District People's Committee, the President of the Provincial Labor Confederation, the President of the Labor Arbitration Council. , the employee's representative organization at the grassroots has the right to organize and lead the strike, the employer where the strike is expected to take place. The decision to postpone the strike of the Chairman of the provincial People's Committee takes effect from the date of signing.

3. Pursuant to the decision of the President of the People's Committee of the province, the representative organization of workers at the grassroots level has the right to organize and lead strikes, employees, employers and individuals, Relevant organizations must immediately suspend the strike as prescribed.

Article 111. Order and procedures for stopping a strike

1. When deeming that the strike falls into the cases specified in Clause 4, Article 109 of this Decree, the Division of Labor, War Invalids and Social Affairs must immediately report to the Chairman of the district-level People's Committee on the cessation of the strike.

Within 12 hours after receiving the report from the Division of Labor, War Invalids and Social Affairs, the district-level People's Committee chairperson shall consider and propose the provincial-level People's Committee chairperson to decide to stop the strike. sent to the Director of the Department of Labor, War Invalids and Social Affairs. The request to stop the strike, sent to the President of the People's Committee of the province, includes the following basic details: Name of the employer where the strike is taking place; the name of the organization representing the workers, organizing and leading the strike; strike site; the time of the start of the strike; scope of the strike; the number of workers participating in the strike; requirements of the representative workers' organizations; reasons for stopping the strike; proposes on the cessation of strikes and measures to implement the decision to stop the strike of the Chairman of the provincial People's Committee.

2. Within 12 hours after receiving the report of the President of the People's Committee of the district, the Director of the Department of Labor, War Invalids and Social Affairs must give opinions for the President of the People's Committee of the province to consider. decided to stop the strike.

3. Within 12 hours after receiving the opinion of the Director of the Department of Labor, War Invalids and Social Affairs, the President of the provincial People's Committee shall consider and issue a decision to stop the strike. Within 12 hours since the decision is issued, the President of the Provincial People's Committee must notify the President of the District People's Committee, the President of the Provincial Labor Confederation, the President of the Labor Arbitration Council. , the employee representative organization at the grassroots level has the right to organize and lead the strike, and the employer where the strike is taking place. The decision to stop the strike of the Chairman of the provincial People's Committee takes effect from the date of signing.

4. Within 12 hours after the President of the People's Committee of the province issues a decision to stop the strike, the employee representative organization at the grassroots level has the right to organize and lead the strike. Employers and related individuals and organizations must immediately stop the strike according to regulations.

5. Within 24 hours after receiving the decision to stop the strike from the President of the People's Committee of the province, the President of the People's Committee of the district must report the result to the President of the People's Committee of the province. stop the strike.

Article 112. Settlement of employees' interests when postponing or stopping a strike

1. During the implementation of the decision to postpone or stop the strike at the request of the Chairman of the provincial People's Committee, the Department of Labor - Invalids and Social Affairs, the Division of Labor - Invalids and Social Affairs, in coordination with Provincial and district-level Labor Confederations, employee representative organizations at the grassroots level have the right to organize and lead strikes, employers where strikes are postponed or stopped, and relevant agencies to support The parties negotiate and conciliate to resolve the interests of employees and other related disagreements.

2. When the time limit for delaying or stopping the strike according to the decision of the President of the People's Committee of the province expires, but the two parties cannot negotiate to settle the interests of employees and other relevant disagreements, a representative organization The representative of employees at the establishment having the right to organize and lead a strike may continue to organize the strike, but must notify in writing the employer, the district-level People's Committee, the Department of Labor and Trade. Military and Social Affairs know at least 05 working days before the start of the strike.

Article 113. Rights and responsibilities of employees when stopping a strike

1. After the President of the People's Committee of the province decides to stop the strike, the employee must return to work and be paid a salary.

2. After the President of the People's Committee of the province decides to stop the strike, if the employee does not return to work, his/her salary will not be paid, unless otherwise agreed upon by the two parties. Depending on the seriousness of the violation, the employee will be disciplined in accordance with the labor regulations and the law.

Chapter XI

TERMS ENFORCEMENT

Article 114. Enforcement

1. This Decree takes effect on February 01, 02.

2. From the effective date of this Decree, the following Decrees cease to be effective:

a) Decree No. 03/2014/ND-CP dated January 16, 01 of the Government detailing the implementation of a number of articles of the Labor Code on employment;

b) Decree No. 44/2013/ND-CP dated May 09, 5 of the Government detailing the implementation of a number of articles of the Labor Code regarding labor contracts; Decree No. 2013/05/ND-CP dated January 2015, 12 of the Government detailing and guiding the implementation of a number of contents of the Labor Code; Decree No. 01/2015/ND-CP dated October 148, 2018 of the Government amending and supplementing a number of articles of the Government's Decree No. 24/10/ND-CP dated January 2018, 05 detail and guide the implementation of a number of contents of the Labor Code;

c) Decree No. 29/2019/ND-CP dated March 20, 3 of the Government detailing the implementation of Clause 2019, Article 3 of the Labor Code on licensing of outsourcing activities, signing fund and list of jobs to be performed for labor outsourcing;

d) Decree No. 149/2018/ND-CP dated November 07, 11 of the Government detailing Clause 2018, Article 3 of the Labor Code on the implementation of grassroots democracy regulations in the workplace;

dd) Decree No. 49/2013/ND-CP dated May 14, 5 of the Government detailing the implementation of a number of articles of the Labor Code on wages; Decree No. 2013/121/ND-CP dated September 2018, 13 of the Government amending and supplementing a number of articles of the Government's Decree No. 9/2018/ND-CP dated May 49, 2013 on spending detailing the implementation of a number of articles of the Labor Code on wages;

e) Decree No. 45/2013/ND-CP dated May 10, 5 of the Government detailing a number of articles of the Labor Code on working time, rest time and occupational safety and hygiene. labor birth;

g) Decree No. 85/2015/ND-CP dated October 01, 10 of the Government detailing a number of articles of the Labor Code on policies towards female employees;

h) Decree No. 27/2014/ND-CP dated April 07, 4 of the Government detailing the implementation of a number of articles of the Labor Code regarding domestic workers;

i) Decree No. 46/2013/ND-CP dated May 10, 5 of the Government detailing the implementation of a number of articles of the Labor Code on labor disputes;

k) Decree No. 41/2013/ND-CP dated May 08, 5 of the Government detailing the implementation of Article 2013 of the Labor Code on the list of employers not allowed to go on strike and resolving the request of the labor collective at the employer not to go on strike.

3. Labor outsourcing enterprises that have been granted labor outsourcing licenses before the effective date of this Decree shall continue to carry out labor outsourcing activities until their permits expire. term. The cases of renewal, re-grant or revocation of permits shall comply with the provisions of Articles 26, 27 and 28 of this Decree.

4. Employers employing less than 10 employees are not required to hold employee conferences and promulgate regulations on grassroots democracy at the workplace specified in Articles 47 and 48 of this Decree. The employer is a state administrative agency, a public non-business unit that hires and employs employees under a labor contract specified in Decree No. 68/2000/ND-CP dated November 17, 11 of the Government on the implementation of the contract regime for some types of work in state administrative agencies, non-business units, Decree No. 2000/161/ND-CP dated November 2018, 29 amending the Government's Decree No. , supplementing a number of regulations on recruitment of civil servants and public employees, promotion of civil servant ranks, promotion of public employees and implementation of contract regimes for a number of jobs in state administrative agencies, public non-business units. The establishment is subject to the application of Decree No. 11/2018/ND-CP dated January 04, 2015 of the Government on the implementation of democracy in the operation of state administrative agencies and public non-business units. must organize dialogues and implement grassroots democracy regulations at workplaces in Chapter V of this Decree.

5. The regime of working time and rest time for cadres, civil servants, public employees, people in the People's Army and People's Public Security forces shall be prescribed by other legal documents; if not provided for by other legal documents, the provisions of Chapter VII of this Decree shall apply.

6. Labor mediators appointed before the effective date of this Decree but are in the period of appointment, shall continue to act as labor mediators until the appointed time limit expires, except for cases in the category of labor conciliators. dismissal specified at Points a, c, d and dd, Clause 1, Article 94 of this Decree.

7. In case the documents cited in this Decree are amended, supplemented or replaced, the newly promulgated documents shall apply.

Article 115. Responsible for implementing

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 and related agencies, enterprises, organizations and individuals shall bear the responsibility. responsible for the implementation of this Decree.