English Review
Minister Dao Ngoc Dung submitted to the National Assembly draft of Labor Code (revised)
10:58 AM 2019-05-31
(LĐXH)- In the moring of May 29, with the authorization of the Prime Minister, Minister of Labor, Invalids and Social Affairs Dao Ngoc Dung presented to the National Assembly a report on the Labor Code Project (revised).
Minister Dao Ngoc Dung presented to the National Assembly a report on the Labor Code Project (revised)
This is an important law to promote the highest level of labor, while ensuring the highest interests of workers in order to meet the demands of the industrialization and modernization.
The current Labor Code has many shortcomings and problems regarding labor contracts, wages, working time, labor discipline, female workers, foreign workers in Vietnam...
Meanwhile, Vietnam has participated in a wide range of regional and global free trade agreements with the requirement to comply with basic labor rights and principles of workers according to the 1998 Declaration of International Labor Organization.  
Therefore, the amendment of the Labor Code is necessary and appropriate. 171 articles in all chapters should be amended and revised, reducing 21 articles compared with the current Code.
The draft law submitted to the National Assembly for comments on six groups:
The firstly, expanding the framework of agreement on maximum working overtime. After consulting the experiences of many countries and the needs of workers, business owners, the Ministry of Labor, Invalids and Social Affairs proposed to expand the framework of working overtime agreements in special cases from 300 hours/year (according to current Code) up to 400 hours/year.
The secondly, adjusting the retirement age. There are 2 plans to submit to the National Assembly. Option 1 is from 1/1/2021, increasing the retirement age by 3 months for men and 4 months for women until men are 62 and women are 60 years old.
Option 2 is from 1/1/2021 to increase the retirement age by 4 months for men and 6 months for women until men are 62 years old and women are 60 years old.
Thirdly, the representative organization of employees to ensure compliance with international regulations. The draft has 3 articles, regulating 3 major contents of the rights of workers in the establishment and accession the representative organizations; conditions with the leadership and organization leaders as well as the organization's principles, goals and regulations. The Government will provide specific guidance on the above contents with the Decree.
Fourthly, on the Lunar New Year holidays. In addition to the current plan (5 days off, if the Tet holiday coincides with the weekly day off, it will be compensated for the next week). If it coincides with the weekly rest day, the employee shall not be compensated.
Fifthly, it is recommended to add 1 holiday day for War Invalids - Martyrs' Day (27 of July) for people and workers to thank the heroes, martyrs and their relatives.
Sixthly, proposing to add to the Labor Code to assign the Government to uniform the working time of administrative agencies across the country. The expected working time is 8:30 am to 17:30 pm, a 60-minute lunch break (except for special parts).