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Labor Regulations Labor Code Effective January 1, 1995
For most works, monthly salary is the basic unit of earning for
workers in Vietnam. Hourly wage is defined on the basis of daily wage
divided by 8 (hours per day). Daily wage is defined on the basis of
monthly salary divided by 26 (days per month). Weekly salary is defined
on the basis of yearly salary divided by 52.
Personal leave with pay includes holidays, 3 days for worker's
wedding, 1 day for their children's wedding, 3 days for funeral of
immediate relatives (including in-laws).
Paid holidays are: Solar New Year's Day: 1 day; Lunar New Year's
Festival: 4 days (1 last day of the year and 3 first days of the new year);
Victory Day: 1 day (April 30); Labor Day: 1 day (May 1); National
Day: 1 day (September 2).
After 12-month service, worker is entitled to annual leave with pay
ranging from 12-16 days: 12 days is for normal working condition, and
16 days for heavy, dangerous jobs in harsh environment. Maternity leave
is 4 to 6 months, depending on environment and working conditions.
Minor employees, under 18 years old, must not work exceeding 7
hours per day, or 42 hours per week.
On-the-job training workers will be paid according to their agreement
with employer; however, their salary must not be lower than the
minimum wage or 70% of the regular rate.
In the event a company declares bankruptcy, it must try to compensate
employees in the order of priority as follows: salary up to the declared
date of bankruptcy, healthcare expenses, social insurance, labor accident
allowance, and other allowances as defined by the labor code.
Employers are to contribute an amount equal 15% of each employee's
wage for social insurance (pension, death allowance, maternity
allowance, work related accidents and sickness, etc.) and employees are
expected to contribute 5%.
Although foreign investors tend to play down labor contracts, they are
required to sign a collective labor agreement within 6 months of the
beginning of operations. The labor contract is valid up to 3 years and
can be amended. The Labor Department of the Ministry of Labor, War
Invalids and Social Affairs is in charge of considering and approving of
labor contracts.
The Ministry of Labor has decided to raise the minimum wage.
Effective July 1, 1996, the monthly minimum wage in Ho Chi Minh
City and Hanoi would be raised from $US 35 to 45. In other major cities
such as Hai Phong, Vinh, Da Nang, Hue, Nha Trang, Bien Hoa, Vung
Tau and Can Tho, it would also be raised from $US 30 to 40, and from
$US 30 to 35 in all other localities.
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