Q&A

(i)Having sudden difficulties due to natural disaster, fire or epidemic, or taking measures to prevent, deal with a working accident, an occupational disease, an electricity or water supply incident; or

(ii)Due to business and production needs.

When temporarily assigning an employee to perform a job which is not stated in the labor contract, the following issues need to be noted:

(iii)The temporary assignment does not exceed 60 accumulated workdays within 01 year; in case it exceeds 60 accumulated workdays within 01 year, such assignment must be agreed by the employee in writing.

(iv)The employer shall specify in the internal regulations the cases where, due to production and business needs, the employer may temporarily assign the employee to perform a job which is not stated in the labor contract.

(v)Informing the employee at least 03 working days in advance, clearly stating the term of temporary assignment, and assigning the job suitable to the health and gender of the employee.

(vi)Salary are paid based on the new job. If the salary for the new job is lower than the old job’s, he/she is entitled to receive the previous salary for 30 working days. The salary for the new job must be at least 85% of the old salary but not lower than the minimum salary.

(i)Changing the organizational structure, reorganizing labor;

(ii)Changing the product or product structure;

(iii)Changing the process, technology, machinery and equipment for production and business associated with the production and business lines of the employer.

(i)Economic crisis or recession;

(ii)Implementing the State’s policies when restructuring the economy or implementing international commitments.

(i)04 types of enterprises:

a.Limited Liability Company, including Limited Liability Company with Two or More Members and Single-member Limited Liability Company;

b.oint Stock Company;

c.Partnership; and

d.Private Enterprise.

(ii)04 types of investments:

a.Investment in establishment of economic organizations: for this type of investment, the investors are allowed to establish enterprises, i.e. economic organizations (as aforementioned types of enterprises) after obtaining the Investment Registration Certificates for investment projects in Vietnam;

b.Investment in the form of contribution of capital to, or purchase of shares or capital contributions at economic organizations;

c.Investment in the form of PPP contract, in which PPP contract is known as an investment contract in the form of public-private partnerships signed between competent state agencies and investors, enterprises of projects to run investment projects;

d.Investment in the form of BCC which is signed between investors for business co-operation to share profits, products without establishment of economic organizations.

•Whole investment projects implemented inside industrial parks, export-processing zones, hi-tech parks or economic zones: The Export Processing zone, Industrial Park, Hi-tech Park, Economic Zone Authority.

•Investment projects implemented both inside and outside industrial
parks, export-processing zones, hi-tech parks or economic zones: The Department of Planning and Investment.

(i)Requesting the approval from the National Assembly:

a.Projects with great environmental impacts or a latent possibility of causing serious environmental impacts, including:

•Nuclear power facilities.

•Change of use purposes of land under national parks, nature reserves, landscape protection areas and scientific research and experiment forests of 50 hectares or larger; headwater protection forests of 50 hectares or larger; wind-break, sand-break and tide-break protection forests, sea encroachment forests and environmental protection forests of 500 hectares or larger; production forests of 1,000 hectares or larger.

b.Land-using projects requiring change of use purpose of 500 hectares or larger of paddy fields with 2 or more crops per year.

c.Relocation and resettlement projects involving 20,000 or more people in mountainous regions or 50,000 or more people in other regions.

d.Projects requiring application of special mechanisms and policies required to be decided by the National Assembly.

(ii)Requesting the approval from the Prime Minister:

a.Projects falling into one of the following cases, regardless of their capital sources:

•Relocation and resettlement of 10,000 or more people in mountainous regions or 20,000 or more people in other regions.

•Building and commercial operation of airports; air transport.

•Building and commercial operation of national seaports.

•Petroleum prospection, exploitation and processing.

•Betting and casino business.

•Cigarette production.

•Development of infrastructure of industrial parks, export-processing zones and functional sub-zones in economic zones.

•Building and commercial operation of golf courses.

b.Projects other than those prescribed in Item (ii).a above which are capitalized at VND5,000 billion or more.

c.Projects of foreign investors in the sea transport, provision of telecommunications services with network infrastructure, forest plantation, publishing, press, establishment of wholly foreign-owned science and technology organizations and science and technology enterprises.

d.Other projects subject to the Prime Minister’s authorization in deciding the investment policy or investment in accordance with law.

(iii)Requesting the approval from provincial-level People’s Committees:

a.Projects entitled to land allocation or land lease by the State not through auction, bidding or transfer; projects requiring change of land use purposes, except projects implemented in industrial parks, export-processing zones, hi-tech parks or economic zones in conformity with approved master plans.

b.Projects using technologies on the list of technologies restricted from transfer in accordance with the law on technology transfer.

(iv)Besides, there are other projects requiring investment approval under the 2019 Law on Public Investment.

(i)The investor’s financial statement of the last 2 years;

(ii)Financial support commitment of parent company;

(iii)Financial support commitment of financial institution;

(iv)Guarantee for the investor’s financial capacity; or

(v)Document explaining the investor’s financial capacity.

(i)Not falling in any of the cases subject to operation termination prescribed in Article 48.1, the 2014 Law on Investment;

(ii)Satisfying the investment conditions applicable to foreign investors in case the project is transferred to a foreign investor and is in an industry or trade subject to conditional investment applicable to foreign investors

(iii)Satisfying the conditions prescribed in the law on land and law on real estate trading, in case the project is transferred together with land use rights; and

(iv)Satisfying the conditions prescribed in the Investment Registration Certificate or prescribed in other relevant laws (if any).

(i)The investor decides to terminate the project’s operation;

(ii)Under the termination conditions prescribed in the contract or enterprise charter;

(iii)The expiry of project’s operation term;

(iv)The project falls in one of the cases prescribed in Article 47.2 and 47.3 of the 2014 Law on Investment and the investor is unable to overcome the difficulties for operation suspension;

(v)The investor has the land for project implementation acquired by the State or is not allowed to continue using the investment location and fails to carry out procedures for change of investment location within 6 months from the date of issuance of the decision on land acquisition or disallowing the continued use of the investment location;

(vi)The project has ceased operation and past 12 months from the date of cessation, the investment registration agency cannot contact the investor or its lawful representative;

(vi)The investor fails to execute or is not able to execute the project after 12 months according to the schedule registered with the registry office and is not permitted to extend the project execution schedule as prescribed in Article 46, the 2014 Law on Investment; or

(vi)Under a court decision or judgment or an arbitral award.

(i)Being legally established as prescribed in this Code and relevant laws;

(ii)Having an organizational structure prescribed in Article 83 of this Code;

(iii)Having property independent from other natural and juridical persons and bears liability by its own property;

(iv)Participating independently in legal relations in its own name.

(i)State agencies, units of people’s armed forces using state assets to establish business enterprises to make profits for their own organizations or units;

(ii)Cadres, civil servants and public employees as prescribed by the laws on cadres, civil servants and public employees;

(iii)Officers, non-commissioned officers, career army men, national defense workers and public employees in agencies and units of the People’s Army; officers, career non-commissioned officers in agencies and units of the People’s Public Security of Vietnam, except those who are appointed to act as authorized representatives to manage the State-contributed capital in the enterprises;

(iv)Managers and professional managers in state enterprises, except those appointed as authorized representatives to manage the State-contributed capital in other enterprises;

(v)Minors; persons whose civil act capacity is restricted or lost; organizations without juridical person status;

(vi)Persons being examined for penal liability, serving prison sentences or administrative handling decisions at compulsory detoxification establishments or compulsory educational institutions or persons banned from conducting business, holding certain posts or performing certain jobs related to business under Court decisions; other cases prescribed in the laws on bankruptcy and corruption prevention and combat.

(i)Heads of Branches of the same foreign investor;

(ii)Heads of Branches of other foreign investors;

(iii)Legal representatives of the same foreign investor or other foreign investors;

(iv)Legal representatives of economic organizations established under the Vietnam law.

•The name in Vietnamese: Including the form of enterprise and the proper name.

•The name in foreign languages: which is translated from Vietnamese into a foreign language of the Latin script system. When translated into a foreign language, the proper name of an enterprise may be kept unchanged or translated according to its meaning.

•The abbreviate name: which is an abbreviation of either Vietnamese name or name in a foreign language.

•Using names which are identical or confusingly similar to the name of a registered enterprise.

•Using the name of a state agency, people’s armed forces unit, political organization, socio-political organization, socio-politico-professional organization, social organization or socio-professional organization as the whole or part of the proper name of an enterprise, unless it is consented by such agency, unit or organization.

•Using words, phrases and symbols which contravene national historical traditions, culture, ethics and fine customs.

(i)Owner of Private Enterprise;

(ii)General Partner;

(iii)Chairperson of the Member’s Council, Member of the Member’s Council, President;

(iv)Chairperson of the Board of Directors, Member of the Board of Directors;

(v)Director or General Director; and

(vi)Persons holding other managerial positions who are competent to enter into the company’s transactions on its behalf in accordance with the company charter.

(i)To exercise the assigned rights and perform the assigned obligations in an honest, prudent and best manner in order to best protect the lawful interests of the company;

(ii)To be faithful to the interests of the company; not to use business information, know-how and opportunities of the company; not to abuse their positions and titles, and assets of the company for personal benefits or for the benefits of other organizations or individuals;

(iii)To notify the company in a timely, sufficient and accurate manner of the enterprises of which they and their affiliated persons are owners or in which they have controlling shares or contributed capital amounts;

(iv)To exercise other rights and perform other obligations in accordance with law and the company charter.

(i)As for Limited Liability Companies with Two or More Members, the members of companies have the right to file lawsuits against managers.

(ii)As for Joint Stock Companies, the shareholder or a group of shareholders owning at least 1 percent of the number of ordinary shares for 06 consecutive months have the right to file lawsuits against managers.

(i)Limited Liability Company: the time limit for capital contribution is 90 days from the date of issuance of the Enterprise Registration Certificate.

(ii)Joint Stock Company: the time limit to make payment for the registered shares is 90 days from the date of issuance of the Enterprise Registration Certificate, unless otherwise provided in the company charter or the share purchase registration contract.

(iii)Partnership: the time limit is committed by members.

(iv)Private Enterprise: there is no time limit for capital contribution because an individual who is the owner of Private Enterprise must take responsibility for all activities of the private enterprise by all of his/ her property, i.e. the property of the owner of the Private Enterprise is also the property of the Private Enterprise.

(i)Holding more than 50 percent of the charter capital or total ordinary shares of such company;
(ii)Having the right to directly or indirectly decide the appointment of a majority or all of members of the Board of Directors and Director or General Director of such company;

(iii)Having the right to decide the amendment and supplementation of the charter of such company.

(i)Organizations who are members of Limited Liability Companies with Two or More Members owning at least 35% of the charter capital can authorize maximum 03 representatives;

(ii)Organizations who are shareholders of Joint Stock Companies owning at least 10% of the total amount of ordinary shares can authorize maximum 03 representatives.

(i)Shareholders, authorized representatives of shareholders who own 10% or more of the total amount of ordinary shares of the company and their affiliated people;

(ii)Members of the Board of Directors, Director or General Director and their affiliated people;
(iii)Enterprises prescribed in Article 159.2, the 2014 Law on Enterprise.

(i)Members, authorized representatives of members, Director or General Director, legal representatives of company;

(ii)Managers of parent companies, people having competence in appointing managers of parent companies;
(iii)Affiliated people of whom mentioned in Items (i) and (ii) above.

(i)Limited Liability Companies may be converted into Joint Stock Companies by the following methods:

a.Conversion with neither mobilizing other organizations and individuals to contribute additional capital nor selling the capital contributions to other organizations and individuals;

b.Conversion by mobilizing other organizations and individuals to contribute capital;

c.c. Conversion by selling all or part of the capital contributions to one or a number of other organization(s) and individual(s);

d.Projects requiring application of special mechanisms and policies required to be decided by the National Assembly.

(ii)Joint Stock Companies may be converted into Single-Member Limited Liability Companies by the following methods:

a.A shareholder acquires all the shares or capital contributions of all the remaining shareholders;

b.An organization or individual that is not a shareholder acquires all the shares of all shareholders of the company;

c.There remains only one shareholder of the company within a period exceeding the time limit that Joint Stock Companies must ensure the minimum shareholders as provided in Article 110, the 2014 Law on Investment.

(iii)Joint Stock Companies may be converted into Limited Liability Companies with two or more members by the following methods:

a.Conversion with neither mobilizing other organizations and individuals to contribute capital nor transferring shares to other organizations and individuals;

b.Conversion by mobilizing other organizations and individuals to contribute capital;

c.Conversion by transferring all or part of shares to other capital-contributing organizations and individuals;

d.Combination of the above methods.

(i)Offering to sell such capital to other members in proportion to their contributed capital amounts in the company on the same terms;
–To revoke the effective judgment or decision and uphold the lawful judgment or decision of the Court at lower level which has been revoked or modified.

(ii)Transferring to non-members under the same offering conditions applicable to the remaining members only when the remaining members do not purchase or only purchase a part of the capital within 30 days from the offering date.

(i)An indefinite-term labor contract is a contract in which the two parties do not determine the term and the time of termination of the contract;

(ii)A definite-term labor contract is a contract in which the two parties determine the term and the time of termination of the contract within less than 36 months from the effective date.

(i)Name and address of the employer or of the legal representative;

(ii)Full name, date of birth, gender, residence address, number of identity card or other legal papers of the employee;

(iii)Job and workplace;

(iv)Term of the labor contract;

(v)Salary, form of salary payment, deadline for salary payment, salary-based allowances and other additional payments;

(vi)Regimes for promotion and salary raise;

(vii)Working time, rest time;

(viii)Labor protection equipment for the employee;

(ix)Social insurance, health insurance and unemployment insurance;

(x)Training, retraining and occupational skill improvement.

(i)In writing and made in 02 copies, one kept by the employee and the other kept by the employer.

(ii)By electronic means in the form of data messages in accordance with the law on electronic transactions which has validity as a written labor contract.

(iii)In verbal with the labor contract having term of under 01 month, unless:

a.Contract entered into with a group of employees who are full 18 years old or more.

b.Contract entered into with the person who is under 15 years old.

c.Contract entered into with domestic helper.

(i)A labor contract with persons employed as directors of State-invested enterprises.

(ii)A labor contract with the elderly.

(iii)A labor contract with foreign employees who work in Vietnam.

(iv)Extension of the labor contract with employees who are in their tenure as members of board of a employees’ representative organization while their labor contracts expire.

(i)It does not exceed 180 days for the enterprise manager position as prescribed by the Law on Enterprises, the Law on Management and Use of State Capital Invested in Business and Production at the Enterprise;

(ii)It does not exceed 60 days for positions which require professional and technical qualifications of collegial or higher level;

(iii)It does not exceed 30 days for positions which require professional and technical qualifications of intermediate level, or for technical workers and skilled staff;

(iv)It does not exceed 06 working days for other types of jobs.

(v)If an employee does not agree to temporarily perform a job which is not stated the labor contract for more than 60 accumulated workdays within 01 year and has to stop working, the employer must pay the salary for work stoppage.

(i)The employee is called up for military service or participates in the Militia and Self-Defense Force;

(ii)The employee is held in custody or detention in accordance with the criminal procedure law;

(iii)The employee is subject to a decision on application of the measure of consignment to a reformatory, compulsory drug detoxification center or compulsory education institution;

(iv)The female employee is pregnant in accordance with Article 138 of the 2019 Labor Code;

(v)The employee is appointed to be the manager of a one-member limited liability company in which the State holds 100% of the charter capital;

(vi)The employee is authorized to exercise the rights and responsibilities of the ownership representative for the State capital in the enterprise;

(vii)The employee is authorized to exercise the rights and responsibilities of the enterprise for the enterprise’s capital invested in another enterprise;

(viii)Other cases as agreed by both parties.

(i)The labor contract expires, unless the case that the labor contracts shall be extended until the end of tenure of the employees who are members of board of a employees’ representative organization and their labor contracts expire.

(ii)The work stated in the labor contract has been completed.

(ii)Both parties agree to terminate the labor contract.

(iv)The employee is sentenced to imprisonment but is not entitled to a suspended sentence or does not fall into the case of being released as prescribed in Article 328.5 of the Criminal Procedure Code, or is sentenced to death or is prohibited from performing the job stated in the labor contract under an effective judgment or decision of the Court.

(v)The foreign employee working in Vietnam is expelled under the effective judgments or decisions of the Court, decisions of competent State agencies.

(vi)The employee dies; is declared by the Court to have lost civil act capacity, be missing or dead.

(vii)The individual employer dies or is declared by the Court to have lost civil act capacity, be missing or dead. The institutional employer terminates operation or declared by the business registration agency of the People’s Committee at provincial level to have no legal representative, authorized person performing the rights and obligations of the legal representative.

(viii)The employee is dismissed.

(ix)The employee unilaterally terminates the labor contract.

(x)The employer unilaterally terminates the labor contract.

(xi)The employer lays off the employee in case of structural and technological change or due to economic reasons; splitting, separating, consolidation, merger; selling, leasing, converting enterprise type; transferring asset ownership, rights to use assets of an enterprise or a cooperative.

(xii)The labor permit of a foreigner employee working in Vietnam expires.

(xiii)The probation is unsatisfactory to the requirements stated in the labor contract or one party cancels the probation agreement.

(i)When the employee illegally terminates labor contract, the legal consequences are:

a.Not to be entitled to a severance allowance.

b.To compensate the employer half of a month’s salary in accordance with the labor contract and an amount equivalent to the salary in accordance with the labor contract for those days without prior notice.

c.To reimburse training costs to the employer.

(ii)When the employer illegally terminates labor contract, the legal consequences are:

a.To reinstate the employee in accordance with the entered labor contract; to pay the salary, social insurance, health insurance and unemployment insurance premiums for the days during which the employee was not allowed to work, and an additional amount equal to at least 02 months’ salary in accordance with the labor contract.

After being reinstated, the employee shall reimburse the received severance allowances and job-loss allowances if any to the employer.

In case the position or job agreed in the labor contract is no longer vacant and the employee still wishes to work, both parties shall negotiate to modify and supplement the labor contract.

b.If violating the time of prior notice, the employer shall pay an amount equivalent to salary in accordance with the labor contract for those days without prior notice.

c.In case the employee does not wish to continue working, in addition to the compensation stated in Item (ii).a, the employer shall pay a severance allowance in order to terminate the labor contract.

d.In case the employer does not want to reinstate the employee and the employee agrees, in addition to the compensation stated Item (ii).a and the severance allowance, the two parties shall negotiate on an additional compensation to the employee which must be at least equal to 02 months’ salary in accordance with the labor contract in order to terminate the labor contract.

(i)The whole contents of the labor contract are illegal;

(ii)The individual enters into the labor contract ultra vires or violates the principles of entry into labor contracts prescribed in Article 15.1, the 2019 Labor Code;

(iii)The job agreed in the labor contract is prohibited by law.

(i)The rights, obligations and benefits of the parties must be settled according to the applicable collective labor agreements; in case the collective labor agreements are not available, the provisions of laws are applied;

(ii)The two parties must modify and supplement the part of the labor contract which is declared invalid to conform with the collective labor agreement or the labor law.

(i)To inform and guide the outsourced employee to understand its internal labor regulations and other regulations.

(ii)Not to discriminate between the outsourced employee and its own employees regarding working conditions.

(iii)To negotiate with the outsourced employee on working at night or overtime as prescribed in the 2019 Labor Code.

(iv)To negotiate with the outsourced employee and the outsourcer in order to officially employ this outsourced employee in case the labor contract between the outsourced employee and the outsourcer has not yet expired.

(v)To return to the outsourcer the outsourced employee who fails to meet the requirements as agreed or who violates labor discipline.

(vi)To provide evidence of the outsourced employee’s violation of labor discipline for the outsourcer to consider and discipline such employee.

(i)The salary according to the job or title: salary in salary scale, payroll formulated by the employer.

(ii)Salary allowance which is an amount to make up for working conditions, work complexity, living conditions, level of labor attraction that are not taken into account or not adequately included in the salary corresponding to the job or title;

(iii)Other additional payments which are amounts in addition to salary and allowances related to the job or title stated in the labor contract, except for bonus, payment for mid-shift meals; assistances, allowances for employees not related to the job or title stated in the labor contract.

(i)On normal days, at least equal to 150%;

(ii)On weekends, at least equal to 200%;

(iii)On public holidays, paid leave days, at least equal to 300%, excluding the salary for public holidays, paid leave days of employees who receive daily salary.

(i)Rest time during working hours:

a.Daily rest time of 30 minutes in case of a shift of 8 consecutive hours or of 6 consecutive hours in case of an extremely hard, hazardous or dangerous job;

b.Daily rest time of 45 minutes in case of working at night with conditions mentioned above;

c.Daily rest time of 30 minutes if the employees work for 10 hours or more including overtime hours;

(ii)Breaks as required by the nature of jobs.

(iii)Rest time which is necessary during the working process for physiological needs of humans and included in labor norms.

(iv)Daily rest time of 60 minutes for female employees who are nursing their under-12-month infants.

(v)Daily rest time of 30 minutes for female employees during their menstruation periods.

(vi)Time of work stoppage not due to the employees’ fault.

((vii)Time for occupational safety and hygiene training, learning.

(viii)Time for meeting, learning and training as required or agreed by employers.

(ix)Time for meeting, learning and training of part-time trade union officers as summoned by higher-level trade unions in accordance with the law on trade unions;

(x)Working time is daily reduced at least one hour for elderly employees in the last year before their retirement.

(i)Time of apprenticeship and job training to work for employers as committed in apprenticeship or job training contracts.

(ii)Time of probation under labor contracts before working for employers;
(iii)Time of paid leaves for personal reasons;

(iv)Time of unpaid leaves agreed by employers, provided that the aggregated time of unpaid leaves does not exceed 1 month;

(v)Time of leaves due to occupational accident or disease, provided that the aggregated time of these leaves does not exceed 6 months;

(vi)Time of illness leaves, provided that the aggregated time of these leaves does not exceed 02 months;

(vii)Time of maternity leaves as provided in the law on social insurance;;

(viii)Time of leaves for trade union activities as provided in the law on trade unions;

(ix)Time of work stoppage or layoff not due to the employees’ fault;

(x)Time of suspension from work;

(xi)Time of being held in temporary custody or detention before returning to work after competent state agencies conclude that detainees are not guilty.;

(i)Warning;
(ii)Prolongation of the salary increase period for no more than 06 months;

(iii)Demotion;
(iv)Dismissal.

(i)An employee who causes damage to tools and equipment or has other acts causing damage to the assets of the employer;

(ii)An employee who loses tools, equipment or assets of the employer or other assets assigned to him/her by the employer or uses the supplies in excess of the permitted norms.

(i)Social Insurance: The employer’s payment rate is 17.5%, the employee’s is 8%;

(ii)Unemployment Insurance: The employer’s payment rate is 1%, the employee’s is 1%;

(iii)Health Insurance: The employer’s payment rate is 3%, the employee’s is 1.5%.

(i)To timely provide first aid and emergency for employees getting occupational accidents, and make advance payment for first aid, emergency care and medical treatment for employees getting occupational accidents or diseases;

a.The time-based salary or position-based salary in salary scale and payroll established by the employer under the law on labor. For employees received product-based salary or piecework salary, the salary shall be calculated under the time basic in order to calculate the product unit price or the piecework salary.

b.The salary allowances which are to make up factors regarding the working conditions, the work complexity, the living conditions, and the employee attraction level which is not included or incompletely included in the contractual salary, such as: title, position allowance, responsibility allowance, allowances for hard, toxic or dangerous work, seniority pay, area-based allowance, travelling allowance, attraction allowance and similar allowances.

c.Other additional payments which are specific amount and the contractual salary mentioned in the labor contract and paid regularly in each period of salary payment.

(ii)To pay all medical expenses for first aid, emergency, and medical treatment for victims of occupational accidents or diseases until their health conditions become stable, specifically as follows:

a.Co-payment expenses and expenses which are not covered by health insurance for employees participating in health insurance;

b.Expenses for medical assessment for determination of the level of working capacity decrease for employees whose working capacity is concluded to have decreased by under 5% and who are recommended by the employer to a Medical Assessment Council for medical assessment to determine the level of working capacity decrease;

c.All medical expenses for employees without health insurance;

(iii)To pay full salary to employees who get occupational accidents or diseases during their leave for medical treatment and working function rehabilitation;

(iv)To compensate for employees who get occupational accidents which are not entirely due to their fault and for employees who get occupational diseases as follows:

a.At least 1.5 months’ salary in case the employee’s working capacity decreases between 5% and 10%; the employer must additionally pay 0.4 month’s salary for every additional 1% of working capacity decrease from 11% to 80%;

b.At least 30 months’ salary in case the employee’s working capacity decreases 81% or more or for relatives of the employees who die of occupational accidents or diseases;

(v)To pay an allowance equaling at least 40% of the amount prescribed in Item (iv) above corresponding to the level of their working capacity decrease to employees who get occupational accidents due to their fault;

(vi)To recommend employees who get occupational accidents or diseases for medical assessment for determining the level of their working capacity decrease so that they can have medical treatment, health recovery and working function rehabilitation in accordance with law;

((vii)To provide compensation and allowance for victims of occupational accidents and diseases within 5 days after the Medical Assessment Council makes conclusions on the level of working capacity decrease or the Occupational Accident Investigation Union announces minutes of the occupational accident investigation in case of fatal occupational accidents;

(viii)To assign appropriate work based on conclusions of the Medical Assessment Council to employees who get occupational accidents or diseases after medical treatment and function rehabilitation in case they continue working;

(ix)To prepare dossiers for employees to obtain the occupational accident or disease regime from the Occupational Accident and Disease Insurance Fund;

(i)The Labor Mediator;

(ii)The Labor Arbitration Council;

(iii)The People’s Court.

(i)The strike does not fall into any cases prescribed in the 2019 Labor Code.

(ii)The strike is not organized and led by the employees’ representative organization.

(iii)The strike violates regulations on procedures and formalities to conduct strikes in accordance with the 2019 Labor Code.

(iv)When the collective labor dispute is being settled by competent agencies, organizations and individuals under the 2019 Labor Code.

(v)The strike is conducted in case where a strike is prohibited.

(vi)The strike occurs when there is the decision to postpone or cancel the strike issued by competent agencies.