Labor Code 2019

Issue Date: 20/11/2019 Effective Date: 01/01/2021 Status: Available

LABOR CODE

Pursuant to the Constitution of Socialist Republic of Vietnam;

The National Assembly promulgates the Labor Code.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

The Labor Code sets forth labor standards; rights, obligations and responsibilities of employees, employers, internal representative organizations of employees, representative organizations of employers in labor relations and other relations directly related to labor relations; and state management of labor.

Article 2. Regulated entities

1. Employees, trainees, apprentices and other workers without labor relations.

2. Employers.

3. Foreign employees who work in Vietnam.

4. Other organizations and individuals directly related to labor relations.

Article 3. Definitions

For the purposes of this document, the terms below shall be construed as follows:

1. “employee” means a person who works for an employer under an agreement, is paid, managed and supervised by the employer.

The legal working age is 15, except for the cases specified in Section 1 Chapter XI of this Labor Code.

2. “employer” means an enterprise, agency, organization, cooperative, household or individual who employs other people under agreements. An employer that is an individual shall have full legal capacity.

3. “representative organization of employees” means an internal organization voluntarily established by employees of an employer which protects the employees’ legitimate rights and interests in labor relations through collective bargaining or other methods prescribed by labor laws. Representative organizations of employees include internal trade unions and internal employee organizations.

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Article 220. Entry in force

1. This Labor Code shall enter into force as of 1^st of January 2021.

The Labor Code No. 10/2012/QH13 ceases to have effect from the effective date of this Labor Code

2. From the effective date of this Labor Code, the employment contracts, collective bargaining agreements, lawful agreements that are not contrary to this Labor Code or provide for more favorable rights and conditions of employees than may continue to have effect, unless the parties agree to revise them according to this Labor Code.

3. Labor policies for officials and public employees, and persons working in the People’s Army, People’s Police forces, social organizations, and members of cooperatives, workers without labor relations shall be regulated by other legislative documents though certain regulations of this Labor Code may still apply.

This Labor Code is ratified by the 14^th National Assembly of Socialist Republic of Vietnam during its 8^th session on November 20, 2019.