Labor Code, Law No. 45/2019/QH14

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ATTRIBUTE Labor Code

Labor Code No. 45/2019/QH14 dated November 20, 2019 of the National Assembly

Issuing body:	National Assembly of the Socialist Republic of Vietnam	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	45/2019/QH14	Signer:	Nguyen Thi Kim Ngan
Type:	Code	Expiry date:	Updating
Issuing date:	20/11/2019	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Labor - Salary

SUMMARY

From January 01, 2021, seasonal labor contract is no longer in used

This is one of the new contents of the Labor Code No. 45/2019/QH14 which is passed by the National Assembly on November 20, 2019.

Specifically, as in the 2012 Labor Code, there are 03 types of labor contract, include: Indefinite-term labor contract; Definite-term labor contract; A seasonal or work-specific labor contract that has a duration of under 12 months. Now, there are only 02 types of labor contract according to new provisions. From January 01, 2021, employer is not allowed to enter into the seasonal labor contract with employee.

On the other hand, this Code also regulates that the employee has a rights to unilaterally terminate the labor contract without reason, even in some specific cases, he/she may unilaterally terminate the labor contract without prior notice. To be specific: An employee is not assigned to the job or workplace or is not given the working conditions as agreed in the labor contract; is not paid in full or on time or he/she is sexually harassed at the workplace...

Besides, this Code also raise the age of retirement in normal working conditions with male employees from 60 years old to 62 years old in 2028 and from 55 years old to 60 years old with female employees in 2035. Starting from 2021, the age of retirement for employees working in normal working conditions shall be at 60 years and 03 months of age for male employees and 55 years and 04 months of age for female employees. The age of retirement shall increase by 03 months per year for male employees and by 04 months per year for female employees.

This Code takes effect on January 01, 2021.

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Effect status: Known

THE PRESIDENT

No. 08/2019/L-CTN

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

Hanoi, December 03, 2019

Order

On the promulgation of law

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Labor Code,

which was passed on November 20, 2019, by the XIV^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.

President of the Socialist Republic of Vietnam
NGUYEN PHU TRONG

THE NATIONAL ASSEMBLY		THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
No. 45/2019/QH14		Hanoi, November 20, 2019

LABOR CODE ^{^[1]}

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Labor Code.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

The Labor Code prescribes labor standards; rights, obligations and responsibilities of employees, employers, grassroots-level employees’ representative organizations, and employers’ representative organizations in industrial relations and other relations directly associated with industrial relations; and state management of labor.

Article 2. Subjects of application

1. Employees, trainees, apprentices, and persons working without industrial relations.

2. Employers.

3. Foreign workers in Vietnam.

4. Other agencies, organizations and individuals directly involved in industrial relations.

Article 3. Interpretation of terms

In this Code, the terms below are construed as follows:

1. Employee means a person who works for an employer as agreed upon between the two parties, is paid wage, and is managed, directed and supervised by the employer.

^{^[1]} Công Báo Nos 993-994 (25/12/2019)

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LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency