Vietnam: Labour and Employment Comparative Guide

by Hannah Huynh

1 Legal framework
1.1 Are there statutory sources of labour and employment law?
The primary statutory source that governs labour and employment is the 2019 Labour Code.

Other domestic sources include:

• the 2013 Law on Employment;
• the 2014 Law on Social Insurance;
• the 2015 Law on Occupational Safety and Health:
• the 2014 Law on Vocational Education; and
• the 2012 Law on Trade Unions.

In addition, the governmental decrees and documents issued by the Ministry of Labour – Invalids and Social Affairs governing labour and employment are as follows:
• Decree 145/2020/ND-CP dated 14 December 2020 detailing and guiding the implementation of several articles of the Labour Code regarding working conditions and industrial relations;
• Decree 152/2020/ND-CP dated 30 December 2020 on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organisations and individuals in Vietnam;
• Decree 38/2022/ND-CP dated 12 June 2022 prescribing region-based minimum salary levels applicable to employees working under labour contracts;
• Decree 135/2020/ND-CP dated 18 November 2020 prescribing retirement ages;
• Decree 12/2022/ND-CP dated 17 January 2022 providing penalties for administrative violations in the fields of labour, social insurance and overseas workforce supply under contract;
• Ministry of Labour – Invalids and Social Affairs Circular 10/2020/TT-BLDTBXH dated 12 November 2020 detailing and guiding the implementation of several articles of the Labour Code regarding the contents of a labour contract, collective bargaining councils and occupations and jobs that are harmful to reproduction and parenting functions; and
• Ministry of Labour – Invalids and Social Affairs Circular 09/2020/TT-BLDTBXH dated 12 November 2020 detailing and guiding the implementation of several articles of the Labour Code regarding minor workers.