LRI 2022 Vietnam - CLR

Viet nam

2022 Score

75

Score Increase

2020 Score

66.5

Rating

Reasonable Access to
Decent Work

Fair
Wages

80

Decent
Working Hours

80

Employment
Security

60

Family
Responsibilities

50

Maternity
at Work

100

Safe
Work

100

Social
Security

80

Fair
Treatment

100

Child &
Forced Labour

75

Trade
Union

25

Fair Wages

Question	Answer	Score	Legal Basis
Does the law prescribe minimum wage rates 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
Does the law require regular payment of wages?	Yes	1	§94-97 & 102 of the Labour Code, 2019; §54 of the Decree No. 145/2020/ND-CP
Does the law require overtime compensation be at least 125% of the regular hourly rate?	Yes	1	§98 of Labour Code, 2019; §55 of the Decree No. 145/2020/NDCP
Does the law require additional compensation for working on a weekly rest day?	No	0	No applicable legal provisions could be located
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

Decent Working Hours

Question	Answer	Score	Legal Basis
Does the law stipulate general 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
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
Does the law require a weekly rest of at least 24 hours?	Yes	1	§111 of the Labour Code, 2019
Does the law require paid public holidays?	Yes	1	§111-112 of the Labour Code, 2019
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

Employment Security

Question	Answer	Score	Legal Basis
Does the law require written employment contracts or at least written employment particulars?	Yes	1	§13-22 of the Labour Code, 2019; Decree 05/2015/ND-CP; §5-6 of the Decree No. 145/2020/ND-CP
Does the law restrict the hiring of fixed-term contract workers?	No	0	§20 & 22(2) of the Labour Code, 2019
Does the law limit the length of probation period including renewals to a maximum of 3 months?	Yes	1	§24-27 of the Labour Code, 2019
Does the law require a 30-day notice before contract termination?	No	0	§27, 34, §36-40, 155 & 138 of the Labour Code, 2019; §7 of the Decree No. 145/2020/ND-CP
Does the law require severance pay at the rate of at least 2 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)

Family Responsibilities

Question	Answer	Score	Legal Basis
Does the law require parental leave for parents?	No	0	No applicable legal provisions could be located
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
Does the law require flexible work arrangements for workers with family responsibilities?	No	0	§32 and §135(2) of the Labour Code, 2019
Does the law require paid nursing breaks?	Yes	1	§137(4) of the Labour Code, 2019; §80 of the Decree No. 145/2020/NDCP

Maternity at Work

Question	Answer	Score	Legal Basis
Does the law prohibits inquiring about pregnancy during recruitment?	Yes	1	§3(8) of Vietnam Labour Code, 2019
Does the law require paid 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)
Does the law require cash maternity benefit be at least 67% of a worker's former wage?	Yes	1	§38 & 39 of Law on Social Insurance (Law No. 58/2014/QH13)
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?	Yes	1	§38 & 39 of Law on Social Insurance (Law No. 58/2014/QH13)
Does the law protect workers from dismissals during or on account of pregnancy?	Yes	1	§137(3) of the Labour Code, 2019

Safe Work

Question	Answer	Score	Legal Basis
Does the law require provision of free personal protective equipment to workers from employer?	Yes	1	§5 and §21 of the Labour Code, 2019; §23 of the Law on Occupational Safety & Health (Law No. 84/2015/QH13)
Does the law require the employer 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)
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
Does the law provide for employment injury benefit?	Yes	1	§42-52 of Social Insurance Law (Law No. 58/2014/QH13); Circular 04/2015/TTBLDTBXH

Social Security

Question	Answer	Score	Legal Basis
Does the law provide for an old age pension?	Yes	1	§35 and §168-169 of the Labour Code, 2019; §53-65 of Social Insurance Law (Law No. 58/2014/QH13)
Does the law provide for a dependants'/survivors' pension?	Yes	1	§66-71 of Social Insurance Law (Law No. 58/2014/QH13)
Does the law provide for unemployment benefit?	Yes	1	§168 of the Labour Code, 2019; §49-53 of the Employment Law (Law No: 38/2013/QH13)
Does the law require paid sick leave for the first 6 months of sickness?	No	0	§25-29 of Social Insurance Law (Law No. 58/2014/QH13); Circular 59/2015/ TT-BLDTBXH
Does the law provide for invalidity benefit?	Yes	1	Social Insurance Law (Law No. 58/2014/QH13); ISSA Country Profile for Viet Nam

Fair Treatment

Question	Answer	Score	Legal Basis
Does the law require equal remuneration 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
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
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
Does the law allow women to do the same jobs as men?	Yes	1	§4, 32 & 135, of the Labour Code, 2019; Decree No. 26/2013/TTBLDTBXH
Does the law guarantee basic labour protections for gig economy workers?	Yes	1	Social Insurance Law (Law No. 58/2014/QH13); ISSA Country Profile for Viet Nam

Child & Forced Labour

Question	Answer	Score	Legal Basis
Does the law prohibit employment of children?	Yes	1	§143-147 of Labour Code, 2019; Circular No. 11/2013/TTBLDTBXH
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
Does the law prohibit the employment of children 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
Does the law prohibit forced labour?	No	0	§35 of the Constitution, 2013; §3(7), 8(2) & 165 of Labour Code, 2019

Trade Union

Question	Answer	Score	Legal Basis
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
Does the law allow workers to bargain collectively with employers through their representative unions?	No	0	§63-89, 92 & 220(3) of Labour Code, 2019; CEACR, C98, DR 2021
Does the law provide for the right to strike?	No	0	§201 & 202 of Labour Code, 2019
Does the law prohibit employers from terminating employment contracts of striking workers?	Yes	1	§208(4) of Labour Code, 2019