THE NATIONAL ASSEMBLY

Law No. 38/2013/QH13 dated 16 November 2013 of the National Assembly on employment

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Employment,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for supporting policies in employment creation; information on labor market; assessment and issuance of national vocational skill certificates; organization and operation of employment services; unemployment insurance and state management on employment.

Article 2. Subject of application

This Law applies to employees, employers and other agencies, organizations and individuals pertaining to employment.

Article 3. Interpretation of terms

In this Law, the following terms are construed as follows:

1. Employees are Vietnamese citizens from 15 years old and above, capable of working, and having employment need

2. Employments are labor activities that generate incomes without being prohibited by laws.

3. Criteria on national vocational skills are provisions on professional knowledge, practice capacity and possibility of application of such knowledge or capacity in works that employees must have in order to do works according to each skill level of each vocation.

4. Unemployment insurance is regulations aiming at making up a part of incomes of employee when he or she is out of works, supporting employee to get vocational training and maintenance of employment or to seek employment on the basis of contribution to the Unemployment Insurance Fund.

5. The public employment means temporary work paid remuneration, generated through implementation of projects or activities that use the state's budgets in association with social-economic development programs in the localities of communes, wards and towns (below collectively preferred to as commune-level)

Article 4. The principle of employment

1. Ensuring the rights of working, freely choosing jobs and working places.

2. Being equitable in term of employment opportunities and incomes.

3. Ensuring working in labor safety and hygiene conditions.

Article 5. State policies for employment

1. To have policies for social-economic developments in order to create jobs for employees, determine objectives of employment creation in the social-economic development plans or strategies; to arrange human resources for implementing employment policies.

2. To encourage organizations, individuals to participate in employment creation and self-employment having incomes of minimum salary and more, as to contribute to the social-economic development and development of labor market.

3. To have policies in supporting employment creation, development of labor market and unemployment insurance.

4. To have policies in doing assessment, granting certificates of national vocational skills in association with improvement of vocational skills.

5. To have preferential policies for branches, vocations that use employees of high professional qualifications or use many employees appropriate with social-economic development conditions.

6. To support employers who use many employees being disable people, female employees or employees being ethnic minority people.

Article 6. Contents of state management on employment

1. To promulgate and organize the implementation of the legal normative documents on employment.

2. To propagate, diffuse and educate law on employment.

3. To control laborers and information on labor markets; do assessments and grant certificates of national vocational skills; and provide unemployment insurance.

4. To manage the organizations and activities of employment services centers and enterprises operating employment services.

5. To check, inspect, settle complaints and denouncements; to handle violations of legal provisions on employment.

6. To have international cooperation on employment.

Article 7. State-management competency on employment

1. The State unifies the state management over employment in the country.

2. The Ministry of Labor - War Invalids and Social Affairs is responsible before the Government for implementation of the state management over employment.

Ministries, ministerial-level agencies to the extent of their duties and power shall implement and coordinate with the Ministry of Labor - War Invalids and Social Affairs in the state management over the employment.

3. The People's Committees at all levels to the extent of their duties and power shall implement the state management over the employment in their respective localities.

Article 8. Responsibilities of agencies, organizations and individuals on employment

1. The Vietnam’s Fatherland Front and its organizational members to the extent of their duties and power are responsible for propagating and educating, approaching agencies, enterprises, units, organizations and individuals to create jobs for employees; coordinating with state agencies in planning and supervising the implementation of policies and law on employment in accordance with legal provisions.

2. State agencies, organizations to the extent of their duties and power are responsible for propagating, educating and defusing policies and law on employment; creating jobs; protecting legitimate rights and interests of employees and employers in accordance with legal provisions.

3. Individuals are responsible for actively seeking jobs and participating in employment creation.

Article 9. Prohibited acts

1. Having discriminatory treatment in employment and vocation.

2. Violating bodies, honor, dignity, properties, legitimate rights and interests of employees or employers.

3. Recruiting, employing employees to do works in contravention of legal provisions.

4. Enticing, promising and deceitfully advertising in order to cheat employees or taking advantages of employment services, information on labor market in order to carry out acts in contravention of laws.

5. Cheating, forging dossiers during implementation of employment policies.

6. Hindering, creating obstacles or damaging legitimate rights and interests of employees or employers.

Chapter 2.

SUPPORTING POLICIES FOR EMPLOYMENT CREATION

SECTION 1. PREFERENTIAL CREDIT POLICY FOR EMPLOYMENT CREATION

Article 10. Preferential credit for employment creation

The State executes policies on preferential credits from the National Funds of employments and other sources of credits in order to support employment creation, to maintain and extend employment.

Article 11. The National Fund of employments

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