The maritime industry in Vietnam continues to evolve, bringing with it increasingly complex labor regulations that port operators and employers must navigate. This comprehensive guide examines the latest seaport labor laws and provides detailed guidelines for ensuring compliance in 2025.
1. Overview of Vietnam's Seaport Labor Framework
Vietnam's seaport labor regulations are governed by a combination of the Labor Code, Maritime Law, and specific port operation decrees. These regulations establish the fundamental rights and obligations of both employers and employees in the maritime sector.
Key Legislative Framework
Labor Code 2019 (Law No. 45/2019/QH14)
Decree No. 145/2020/ND-CP
2. Worker Classification and Employment Categories
Seaport workers in Vietnam are classified into several categories, each with specific regulatory requirements:Workers at seaports are categorized based on their working conditions according to Circular 03/2025/TT-BLĐTBXH of the Ministry of Labor, Invalids and Social Affairs. There are 6 types of working conditions, from type I to type VI:
Type I, II, III: Jobs with working conditions that are not heavy, harmful, or dangerous.
Type IV: Jobs that are heavy, harmful, or dangerous.
Type V, VI: Jobs that are especially heavy, harmful, or dangerous.
3. Working Hours and Shift Regulations
Port operations often require 24/7 coverage, necessitating careful attention to working hour regulations:
Standard working hours (Article 105 of the Labor Code): No more than 8 hours per day and no more than 48 hours per week.
Maximum overtime (Article 107 of the Labor Code):
Overtime conditions:
Must have the worker's consent.
Total overtime cannot exceed 50% of the normal working hours per day, with a maximum of 12 hours per day and 40 hours per month.
The total overtime in one year cannot exceed 200 hours, except for some special sectors (300 hours per year).
Special sectors (overtime not exceeding 300 hours per year):
Industries related to seafood production and export.
Sectors such as electricity production, telecommunications, oil refining, water supply and drainage.
Jobs requiring high professional qualifications but where the labor market cannot meet the demand in time.
Urgent work that cannot be delayed due to seasonal factors, raw materials, products, or unexpected incidents such as weather, natural disasters, fire, lack of raw materials, or technical failures.
Overtime limits: No more than 12 hours per day, including holidays or weekly rest days.
Breaks between shifts according to regulations.
Breaks during working hours (Article 109, Labor Code):
Workers working 6 hours or more in a day must have at least 30 minutes of continuous rest. If working at night, at least 45 minutes of continuous rest.
For shift work of 6 hours or more, the rest time is included in the working hours.
Shift change breaks (Article 110, Labor Code): Workers working shifts must have at least 12 hours off before switching to another shift.
Working and resting hours for special jobs (Article 116, Labor Code): Workers in special sectors (including seaport jobs) will have specific working and resting hours. Relevant ministries will regulate the exact hours, but they must comply with standard rest periods.
4. Workplace Safety Requirements
Safety is paramount in port operations. Employers must implement comprehensive safety measures including: (Clause 2, Article 7 of the Labor Safety and Hygiene Law)
Develop and coordinate safety measures: Develop safety protocols, cooperate with competent authorities, and provide accident insurance and occupational disease coverage for workers.
Training and providing labor protection equipment: Organize safety training, provide tools and protective equipment, ensure healthcare and occupational disease examinations, and ensure compensation for workers injured in work accidents.
Ensure workplace safety: Do not require workers to work in environments with serious accident risks, assign supervisors, and inspect the implementation of safety regulations.
Organize occupational safety work: Allocate staff or departments for safety and hygiene work, coordinate with trade unions to establish safety networks, and define responsibilities in safety management.
Reporting on occupational safety: Report, investigate, and record work accidents and safety incidents, and comply with labor inspector decisions regarding safety.
International Labor Organization’s Safety and Hygiene Convention for port handling: Regulates the provision of sufficient equipment, including evacuation means, to ensure worker safety when unloading cargo at ports.
5. Compensation and Benefits Guidelines
Port employers must provide competitive compensation packages that comply with legal requirements:
Mandatory Benefits
Basic salary: (Articles 90, 91 of the Labor Code)
Comply with minimum wage by region.
Night work salary: At least 30% of the regular working day salary.
Overtime salary: (Article 98 of the Labor Code)
On regular days: At least 150% of the salary.
On weekly rest days: At least 200% of the salary.
On holidays or Tet: At least 300% of the salary, not including holiday wages.
Night overtime: In addition to regular overtime wages, workers will receive an extra 20% of the regular daily salary or weekly rest day, holiday, or Tet salary.
Social insurance contributions (Article 2 of the Social Insurance Law)
Workers under indefinite or fixed-term labor contracts of 1 month or more must participate in mandatory social insurance.
Foreign workers in Vietnam must also participate in mandatory social insurance if they have a fixed-term labor contract of 12 months or more with a Vietnamese employer.
Annual leave entitlements (Article 113 of the Labor Code)
Workers who complete 12 months with one employer are entitled to annual leave with full salary, specifically:
12 days for regular work.
14 days for minors, disabled workers, or those in heavy, harmful, or dangerous jobs.
16 days for special heavy, harmful, or dangerous work.
If they have worked less than 12 months, leave is calculated proportionally based on the working time.
6. Training and Certification Requirements
Workers must have national vocational skill certificates for jobs that directly affect the safety and health of themselves or the community, including: (Article 28 of Decree 31/2015/ND-CP)
Jobs in the list of especially heavy, harmful, or dangerous work;
Jobs where the worker's actions directly affect community safety or the health of others.
Workers must maintain appropriate qualifications and certifications:
Mandatory safety certifications
Equipment operation licenses
Regular skill enhancement training
Professional development programs
7. Foreign Worker Regulations
The recruitment of foreign labor at Vietnamese seaports must meet the following requirements: (Articles 151, 152 of the Labor Code; Article 4 of Decree 152/2020/ND-CP)
i. Conditions for foreign labor:
Must be at least 18 years old, with full civil capacity.
Must have professional qualifications, technical skills, expertise, and good health.
Must not have been convicted or under criminal investigation.
Must have a work permit issued by a competent authority (except for some special cases).
ii. Employment contract:
The contract term must not exceed the validity period of the work permit.
The contract can be signed multiple times, but must comply with the validity period of the work permit.
iii. Recruitment conditions:
Foreign workers are only allowed to be hired for positions that cannot be filled by Vietnamese labor, such as management, executive, expert, or technical labor positions.
Before recruitment, the employer must provide a justification for the need to hire foreign labor and obtain written approval from the competent authority.
iv. Recruitment procedure:
At least 30 days before hiring, the company must report its need for foreign labor to the Ministry of Labor, Invalids, and Social Affairs or the provincial People's Committee.
If there is a change in the labor requirement, the company must report again at least 30 days before implementation.
The competent authority will approve or disapprove within 10 working days.
8. Compliance and Reporting Requirements
Employers must maintain proper documentation and submit regular reports:
Report on labor utilization (Clause 2, Article 4 of Decree 145/2020/ND-CP, amended by Clause 1, Article 73 of Decree 35/2022/ND-CP)
Report on unemployment insurance participation from the previous year (Clause 7, Article 32 of Decree 28/2015/ND-CP)
Report on workplace accidents (According to Article 36 of the Occupational Safety and Health Law 2015 and Article 24 of Decree 39/2016/ND-CP)
Report on occupational safety and hygiene (According to Article 10 of Circular 07/2016/TT-BLĐTBXH)
Report on labor health (According to Article 10 of Circular 19/2016/TT-BYT)
Report on the use of foreign workers (if applicable) (According to Article 6 of Decree 152/2020/ND-CP)
Frequently Asked Questions
What are the minimum qualification requirements for port workers?
Port workers must possess relevant technical certificates, safety training certifications and meet physical fitness requirements as specified by port authority regulations.
How often should safety training be conducted?
Mandatory safety training should be conducted at least quarterly, with additional training required for new equipment or procedures.
What are the penalties for non-compliance?
Penalties range from monetary fines to suspension of operations, depending on the severity of the violation.
Conclusion
Maintaining compliance with Vietnam's seaport labor laws requires ongoing attention to regulatory updates and implementation of comprehensive management systems. Employers should regularly review their policies and procedures to ensure alignment with current requirements.
Important Note: This guide provides general information and should not be considered legal advice. For specific situations, consult with qualified legal professionals at Harley Miller Law Firm.
Note:
The content of this article is for informational purposes only and should not be considered as official legal advice.
The information provided in the article is based on the laws in effect at the time of publication and may change according to any amendments or updates to the law.
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