75
66.5
Reasonable Access to
Decent Work
80
80
60
50
100
100
80
100
75
25
| 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 |
| 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 |
| 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) |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
