77.5
75
66.5
Reasonable Access to Decent Work
80
80
60
50
100
100
80
100
100
25
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §26, 61, 91-93, 212(5) of the Labour Code, 2019; §49-53 of the Decree No. 145/2020/ND-CP | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §94-97 & 102 of the Labour Code, 2019; §54 of the Decree No. 145/2020/ND-CP | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §98 of Labour Code, 2019; §55 of the Decree No. 145/2020/NDCP | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §98 & 106 of the Labour Code, 2019; §56-57 of the Decree No. 145/2020/ND-CP | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §98, 105, 107 & 108 of the Labour Code, 2019; §55 of the Decree No. 145/2020/NDCP | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §107 of Labour Code, 2019; §55 of the Decree No. 145/2020/NDCP | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §111 of the Labour Code, 2019 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §111-112 of the Labour Code, 2019 | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §113-114 of the Labour Code, 2019; §66 & 677 of the Decree No. 145/2020/ND-CP | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §13-22 of the Labour Code, 2019; Decree 05/2015/ND-CP; §5-6 of the Decree No. 145/2020/ND-CP | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §20 & 22(2) of the Labour Code, 2019 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §24-27 of the Labour Code, 2019 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | No | 0 | §27, 34, §36-40, 155 & 138 of the Labour Code, 2019; §7 of the Decree No. 145/2020/ND-CP | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §40-41 & §46-47 of the Labour Code, 2019; §2(3 & 4), 139(6) & 140 of Social Insurance Law (Law No.71/2006/QH11) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §115 of the Labour Code, 2019; §34 & 39 of the Law on Social Insurance (Law No. 58/2014/QH13); Circular 59/2015/ TT-BLDTBXH | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | §32 and §135(2) of the Labour Code, 2019 | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §137(4) of the Labour Code, 2019; §80 of the Decree No. 145/2020/NDCP | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §3(8) of Vietnam Labour Code, 2019 | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §139 and §141 of the Labour Code, 2019; §31-38 of Law on Social Insurance (Law No. 58/2014/QH13) | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §38 & 39 of Law on Social Insurance (Law No. 58/2014/QH13) | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §38 & 39 of Law on Social Insurance (Law No. 58/2014/QH13) | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §137(3) of the Labour Code, 2019 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §5 and §21 of the Labour Code, 2019; §23 of the Law on Occupational Safety & Health (Law No. 84/2015/QH13) | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §13-14 & 72 of the Law on Occupational Safety & Health (Law No. 84/2015/QH13) | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §137 and 142 of the Labour Code, 2019; Joint Circular No. 40/2011 / TTLT BLDTBXH-BYT | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §42-52 of Social Insurance Law (Law No. 58/2014/QH13); Circular 04/2015/TTBLDTBXH | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §35 and §168-169 of the Labour Code, 2019; §53-65 of Social Insurance Law (Law No. 58/2014/QH13) | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §66-71 of Social Insurance Law (Law No. 58/2014/QH13) | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | §168 of the Labour Code, 2019; §49-53 of the Employment Law (Law No: 38/2013/QH13) | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §25-29 of Social Insurance Law (Law No. 58/2014/QH13); Circular 59/2015/ TT-BLDTBXH | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | Social Insurance Law (Law No. 58/2014/QH13); ISSA Country Profile for Viet Nam | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §26 of the Constitution; §90 of the Labour Code, 2019; §13 of the Law on Gender Equality, 2006 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §3(9), 5(2), 6(11), 8, 35, 118(d), 125, 165 & 217(1) of the Labour Code, 2019; §84-86 of the Decree No. 145/2020/ND-CP | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §16 & 26 of the Constitution; §3 (8), 5(2), 8(1), 158 & 175 of the Labour Code, 2019; Decree No. 85/2015/ND-CP | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §4, 32 & 135, of the Labour Code, 2019; Decree No. 10/2020/TT-BLDTBXH | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Social Insurance Law (Law No. 58/2014/QH13); ISSA Country Profile for Viet Nam | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §143-147 of Labour Code, 2019; Circular No. 11/2013/TTBLDTBXH | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §143-147 of Labour Code, 2019; §1 of Law on Universal Primary Education, 1991 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §113(1b), §143-147 of Labour Code, 2019; §228 of Criminal Code (No: 15/1999/QH10); Circular No. 10/2013/TTBLĐTBXH | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §35 of the Constitution, 2013; §3(7), 8(2) & 165 of Labour Code, 2019; §150-151 & 297 of the Penal Code, 2015 | Score adjusted because of availability of a legal source |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §10 & 25 of Constitution 2013; §5 & 6 of the Law on Trade Unions 2012; ITUC Global Rights Index 2024, Viet Nam Profile | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §2, 63-89, 92 & 220(3) of Labour Code, 2019; §5 of the Law on Trade Unions 2012; CEACR, C98, DR 2023 | No Change |
| Does the law provide the right to strike? | No | 0 | §201 & 202 of Labour Code, 2019 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §208(4) of Labour Code, 2019 | No Change |