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The Labour Code 1994

Chapter II - Employment

Article 13

All labor activities generate income, not prohibited by law are recognized as work.

To create jobs, to ensure that all employees who are likely to have the opportunity to have a job is the responsibility of the State, enterprises and the whole society.

Article 14

1. State indicators to create new jobs in the economic development plan - social and annually for 5 years, to create the necessary conditions, financial aid, loans or tax reduction or exemption and application of other incentives to employees who are capable of self-employment, to the organizations, units and individuals of all economic sectors to develop new occupations in order to create jobs for many workers.

2. The State shall adopt preferential policies on jobs to attract and employers are ethnic minorities.

3. The State shall adopt policies to encourage and create favorable conditions for organizations and individuals at home and abroad, including Vietnam who settled in foreign investment to develop production and business, to creating jobs for laborers.

Article 15

1. The Government set up a national program on employment, investment projects of economic development - social, migration develop new economic zones associated with the program to create jobs; national fund for employment from the State budget and other sources, developing organizational system of employment services. Every year the National Assembly Government decided to fund national programs and employment.

2. The People's Committees of provinces and cities under the central program and funds for the work of local People's Councils of the same level for decision.

3. State agencies, economic organizations, people's organizations and social organizations in the scope of duties and powers of their responsibility to participate in the implementation of programs and funds to create jobs .

Article 16

1. The employee has the right to work for any employer who does and in any place where not prohibited by law. People are looking for jobs may directly contact to find a job or organization registered in the employment service to find a job suited to the aspirations, abilities, professional skills and your health.

2. An employer may directly or through the employment service organizations for recruiting workers, workers have the right to increase or decrease in line with production needs, business according to law.

Article 17

1. Where, due to changes in structure or technology that employees regularly worked in the business for a year or more to lose their jobs, then the employer shall have to re-train to continue using the new jobs; if you can not solve new jobs for workers to severance pay, the job-loss allowances, for every year of employment to pay a month's salary, but no less than two months' salary.

2. When the need for the retrenchment under paragraph 1 of this Article, the employer shall disclose the list, based on the needs of the enterprise and their seniority in the business, skilled, family circumstances and other factors of each person to turn to resign, after the exchange, agreed with the Executive Committee of the trade union of the enterprise in accordance with the procedures specified in paragraph 2 of Article 38 of this Code. The dismissal was carried out only after notification to the local labor office said.

3. The enterprise must establish a reserve fund for job-loss allowance as prescribed by the Government to provide timely relief for workers in businesses lost jobs.

4. Government policies and measures for vocational training, retraining, guidance and business products, for low-interest loans from the National Fund to create jobs, to create conditions for laborers to find employment or self-employment; financial support for local branches which have high underemployment or unemployment due to structural changes or technology.

Article 18

1. Employment Service Organization established under the provisions of law shall advise, recommend, supply and help recruit workers, collect and supply information on the labor market. Bringing Vietnam laborers working abroad shall be conducted only after the permission of the competent State authority.

2. Employment Service Organization is collecting fees, the State is considered for reduction or exemption and vocational training is organized according to the provisions in Chapter III of this Code.

3. Ministry of Labour - Invalids and Social Affairs State unified management for employment service organizations in the country.

Article 19

All acts of seduction, promises and false advertisements to deceive or exploit workers employment services to perform illegal acts. 



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