Other individuals, agencies and organizations directly related to the labor relation. Hanoi ho chi minh city contents executive summary 07 04 08 18 22 50 52 54 58 60 63 foreword 1. Specifically, grounds for dismissal are specified under laws, and companies are. Myanmar employment law is governed by both old and new laws and regulations, as well as internal policies and practices of the department of labour of the ministry of labour, immigra tion and population ministry of labour. The trade agreement seeks to deepen vietnams economic integration, facilitate trade liberalisation and improve the legal framework for enforcement of standards at both domestic and international level.
On friday, june 14, however, the countrys national assembly ratified the international labour organisations ilo convention 98 on collective bargaining and the right to organize. Upon completion of this one day workshop, participants will be able to have basic understanding of labour laws of vietnam, and know how to deal with the labour issues when running their businesses in vietnam. The new law on social insurance is coming into force at the 1 january 2016 and it will introduce some extensive changes which are considered to be good for vietnam and align with international practice. Better work vietnam has produced this guide with the aim of helping employers, employees, international buyers, and other stakeholders better understand the obligations and rights stipulated under vietnamese labour law. Employment law update new labour code in vietnam labour contracts. The vietnam era veterans readjustment assistance act of 1974, as amended, 38. The aggregate overtime should not exceed 300 hours per year. Different groups of workers, particularly youth, women and rural dwellers, have.
In addition, viet nam ranked 57th out of 156 countries in the united nations sustainable development goals index, an increase of 11 places from the previous year. There are numerous unique aspects of vietnam s labor laws. We are usa company would like to enquire about the consultation of the employment law vietnam. Labour, invalids and social affairs molisa, the general statistics office of vietnam, etc. Some basic rules about working overtime in vietnam are. Public holiday new year day 1st january of each year. Guide to vietnamese labor law for the garment industry better work. Laws and regulations ministry of labour, immigration and. The nationallevel surveys, scientific projects and tasks, international cooperative ppjrojects at all levels, articles published in professional journals on occupational health, etc. The labour rights indicators is an initiative of the global labour university and the center for global workers rights at penn state university. Elimination of child labour, protection of children and young persons.
Oxfam research reports july 2016 oxfam research reports are written to share research results, to contribute to public debate and to invite feedback on development and humanitarian policy and practice. Foreign employees working in vietnam shall comply with the labor law of vietnam and treaties to which vietnam is a contracting party which have different provisions, and are protected by vietnamese law. Guide to vietnamese labor law for the garment industry. Duane morris a leading international law firm duane morris llp is a law firm founded in philadelphia in the united states with more than 750 attorneys in 27 offices. Labour code, 2012 this english translation of the labour code amended, 2012 made by the international cooperation department, ministry of labour, invalids and social affairs of vietnam is for reference. Employment law update new labour code in vietnam on 18 june 2012, after many drafts and much discussion, the longawaiting revised labour code has been passed by the national assembly new labour code. Article 4 the labour regime which applies to state employees and officials, elected and. May 17, 2011 employers obligations and employees rights are located in found in. According to the vietnam labor law, paragraph 2, article 5 that maltreatment of workers and the use if forced labor in any form. Case study on nike company indonesia saifulbakri yusoof, faiezi zuber, hazrin mnsr, nadhir zamziba. The vietnam labour law also establishes strict regulations for minor employees, which are workers under the age of 18.
Increases to vietnam s minimum wage based on a national salary council decision of august 2017, vietnam. United statesviet nam plan for the enhancement of trade and. Working in collaboration with the ministry of labor invalids and social affairs molisa, better work vietnam published a guide to vietnamese labour law for the garment industry in june 2011, to help employers, employees, international buyers, and other stakeholders better understand the obligations and rights stipulated by vietnamese labour law. The socialist republic of vietnam independence freedom happiness no.
Analysis of trends and challenges in the indonesian labor market. For foreign nationals, there is also a set of implementing regulations, including decree 11 2016 ndcp decree 11, which mainly provides guidance on matters related to work permits for foreign workers in vietnam. The guide to law online vietnam contains a selection of vietnamese legal, judicial, and governmental sources accessible through the internet links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. Hiring the employee main sources of employment law.
National and international experts were asked to evaluate oh. Article 6 revised scope of application of the labor law this labor law applies to all employers, registered and unregistered employees, lao employees working for foreign organizations, and foreign employees working within the lao pdr. Tin dien tu, viet nam pdf of law in vietnamese pdf of law in vietnamese. Doing business in vietnam 2016 grant thornton vietnam. Viet nam shall provide in its law and practice that workers may choose to establish grassroots labour unions through the vgcl or the competent government body, and shall 1 for purposes of this plan, labour law means all legally binding measures of a party related to labour, including labour laws. Inheriting and developing the labour laws of vietnam since the august revolution of 1945, this code institutionalizes the renovation policy of the communist party of vietnam and provides for detailed implementation of the provisions of the 1992 constitution of the socialist republic of vietnam on labour. Personal blog on vietnam business law and practice by nguyen quang vu. In this legal update, we report on the some of the most.
In various places, we refer to amounts in vietnamese dong. The 2016 oxfam report an economy for the 1% showed that, across all. Guide to vietnamese labour law for the garment industry. We have also added another component, which is tax issues for the expatriate working in vietnam. Labour laws and practices in asean a comparative study on gender equality, employment of persons with disabilities, youth employment. Pwc vietnam newsbrief key changes to the social insurance. An overview of vietnam labor law this article provides a comprehensive introduction to vietnam labor law, including information on hiring an employee, maintaining the employment relationship, modifying the employment relationship, and terminating the employment. As part of labour law reforms, the government has undertaken the exercise of rationalisation of the 38 labour acts by framing 4 labour codes viz code on wages, code on industrial relations, code on social security and code on occupational safety, health and working conditions. Any dispute between the employer and the employee if connected with the recruitment of the employee or the terms of his service or conditions of his. Jan 25, 20 the vietnam labour code 2012 has been promulgated on jun 18th 2012 and put into effect since may 1st, 20. Legal update new labour code in vietnam the first year the new labour code the new labour code was passed by the national assembly on 18 june 2012, and came into effect as from 1 may 20, and subsequently there have been more than 15 new implementing decrees and circulars issued. Employees who are covered by the labor law include vietnamese and foreign individuals. For more information on this note and the gender theme of the vietnam australia bank partnership program ii, please. Vietnam labor and employment law update october 2017 lexology.
The branches of the ministry of labour and social affairs that are in charge of labour affairs in the emirates of the federation. With the pressure from the transpacific partnership tpp trade agreement to end forced and child labour, it is time for the government to think of a more consistency plan. Bsr child labor in myanmars garment sector 6 myanmars child labor laws working hours myanmars laws related to young workers are not completely consistent, but minimum working age for factories and shops is set at 14, as of january 2016. Nov 09, 2017 vietnam labor and employment law update october 2017 baker mckenzie. According to the vietnam labor law, article 29, a labour contract must include the following main provisions. An introduction to overtime in vietnam vietnam briefing news. It usually occurs around may 1, but the date varies across countries.
Vietnam labour law update june 2016 talentnet corporation. Employees who are covered by the labor law include vietnamese and foreign. Mar 09, 2016 some basic rules about working overtime in vietnam are. The new law also substantially amends already existing provisions, such as those regulating overtime work and collective labor agreements. The guide integrates every major source of vietnam labour law into one easytouse booklet. Minister may prohibit employment other than under contract of service 2 b. Labor laws human resources employment and hr vietnam. Labour code 2012 international labour organization. In vietnam, which is a socialist state, workers are protected generously, and the labor laws. Client alert new circular on employment contracts, labour disciplines and material liabilities now in effect circular no. Labour law also known as employment law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations.
The labour code explicitly states that it applies to foreign nationals working in vietnam, and the general rule is that foreign nationals working in vietnam must comply with the vietnamese labour laws, unless an international treaty to which vietnam. Summary vietnamese labour law vietnam law firm, lhd. Some of the key changes, most of which take effect from 1 january, are outlined below. This labour law guide offers guidance for all stakeholders involved in implementing labour legislation in the corporate environment to create harmonious, dynamic and fair industrial relations where companies can grow and develop sustainably, and the welfare of workers and their families can be continually improved. Workers under the age of 18 also have restrictions on night work and hazardous work. State committee, and the labor laws of vietnam are primarily under the administrative jurisdiction of the ministry of labor, invalid and social ff molisa. Summary vietnamese labour law vietnam law firm, lhd lawyer. At the same time it protects the rights and lawful interests of the labour user. An overview of vietnam labor law this article provides a comprehensive introduction to vietnam labor law, including information on hiring an employee, maintaining the employment relationship, modifying the employment relationship, and terminating the employment contract.
Vietnam labour law update october 2016 0110 2016, 00. Laws of malaysia act 265 employment act 1955 arrangement of sections p art i preliminary section 1. By law, the rms is the minimum monthly salary level applicable to employees who perform occupations in normal working. There have been a number of changes in labour regulations in vietnam reflected in the new labour code compared with the previous labour code in labour contract regulations, work permit in vietnam for foreigners, salary policy regulations, work and rest time regulations, and retirement. This edition of tax, accounting, and audit in vietnam, updated for 2016, offers a comprehensive overview of the major taxes foreign investors are likely to encounter when establishing or operating a business in vietnam. Vietnam general confederation of labour library of congress. Labour law vietnam india lawyers india lawindian lawyer. The guide covers all major areas of vietnam labour law, derived from the labour code itself, the laws on trade unions and social insurance, governmental regulations, international labour standards that have been ratified by vietnam, and the vietnamese constitution. Guide to vietnamese labour law for the garment industry international. Grant thornton vietnam has prepared this guide to assist those interested in doing business in vietnam. Employment manual1 this employment manual is intended to be an easy desktop reference for the chief representative, the general director, the human resources manager, or any person who wants a good understanding of vietnam s labor laws. Euvietnam free trade agreement most ambitious and comprehensive agreement that the eu has ever concluded with a developing country.
Lately, prime minister nguyen xuan phuc has given the green light to a programme on preventing and minimising child labour during the 2016 2020 periods. Fisher phillips vietnams employeefriendly labor laws. Employers, including multinational employers with expatriate employees in vietnam, should be aware that vietnam employment laws provide strong protections for both local employees and expatriates. Normal working time is limited to 8 hours per day and 48 hours per week.
Nothing in this document shall be used to interpret or enforce of any provision of the law. Points to consider regarding labor management in vietnam, characteristics of labor. Vietnam employment law outlook for 2018 the beginning of 2018 marks the introduction of a number of changes to vietnam s labor regulations which will have an impact on employers this year. Duane morris a leading international law firm duane morris llp is a law firm founded in philadelphia in the united states with more than 750 attorneys in 27 offices worldwide. Since the enactment of the new law on vet in 2015, the ministry of labour and social affairs molisa is responsible for the national vet system. It is associated with the start of spring as well as the celebration of workers. We have an representative office in ho chi minh city. Guide to vietnamese labor law for the garment industry fifth edition, 2017. Legislation online ministry of labour, invalids and social affairs molisa, viet nam pdf of law in vietnamese consulted on 20170126. Preparation letter for resignation letter in both language vietnam english. July 2016 and were based on the law enforceable and information available at the time. Although not without its problems, vietnams economy continues to expand and modernise, and with the opening up of previously restricted industries and sectors to meet wto commitments. Specifically, the general directorate of vocational education and training gdvet, which is under the ministry, performs an advisory role in governing and implementing the law on vet. May day, or labor day, is a public holiday in many countries worldwide.
Overtime payment is exempt from personal income tax. In vietnam specifically, oxfam noted improvements in the management approach which has. As such, it mediates many aspects of the relationship between trade unions, employers and employees. For foreign nationals, there is also a set of im plementing regulations, including decree 112016ndcp decree 11, which mainly provides. Analysis of trends and challenges in the indonesian labor market executive summary performance in the labor market has been weak, with slow job growth and high levels of labor underutilization.
It is designed to orient management to issues with which it must be familiar. The labour code protects the right to work, the interests and other rights of the labourer. Vietnams labor laws are also designed to be advantageous for employees. The labour code explicitly states that it applies to foreign nationals working in vietnam, and the general rule is that foreign nationals working in vietnam must comply with the vietnamese labour laws, unless an international treaty to which vietnam is a party states otherwise. From 01 jan 2016 to 31 dec 2017, the wage for paying mandatory social. Employment and labor law update for 2017 amcham vietnam. Vietnam by nghia trong pham department of law, national assembly office, vietnam this monograph is up to date as of january 2016 2016 ell suppl. Labour related laws and regulation supervised by ministry of labour, immigration and population. English version 2602 2016 1 democratic republic of timorleste decree law on employment in the extractive activities decree law no.
On 1 september 2016, the ministry of labor invalids and social affairs issued circular no. It is based on the method developed in the paper measuring progress towards the application of freedom of association and collective bargaining rights sari and kucera, 2011. This guide reflects the standards set by national law. All that is given to the worker for his work by virtue of a written or unwritten work contract regardless of the kind of wage or its method of payment, in. The national assembly promulgates the law on social insurance. Law on labour contracts the main law regulating employment relationships in vietnam is the 2012 labour code. Vietnam labor code 2012 ant lawyers law firm in vietnam. The leave and holiday act 1951 myanmar version overseas employment law 1999 myanmar version the labour organization law.
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