THE
STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
15/1999/PL-UBTVQH
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Hanoi,
September 3, 1999
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ORDINANCE
ON THE PUBLIC LABOR OBLIGATION
In order to mobilize part of citizens’ labor
resources for the construction and renovation of public-utility projects;
timely prevention of and combat against natural calamities, fires and
epidemics, and overcoming of the consequences thereof;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the National Assembly, the Xth Legislature,
fourth session, on the law and ordinance making program of the Xth National
Assembly and the 1999 law and ordinance making program;
This Ordinance prescribes the public labor obligation of citizens.
Chapter I
GENERAL PROVISIONS
Article 1.- The public
labor is every citizen’s obligation to contribute a number of workdays to
different undertakings for the community’s common interest.
Article 2.- The public
labor obligation prescribed in this Ordinance includes the annual public labor
obligation and the public labor obligation in emergency cases when natural
disasters, fires or epidemics occur.
Article 3.- The
mobilization of citizens to fulfill their public labor obligation shall be
decided by the competent State agency(ies) according to the set plans, for the
right purposes, ensuring the fairness, economy and practical efficiency.
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Article 5.- The State
encourages and creates favorable conditions for citizens to participate in the
public labor.
Article 6.- It is
strictly prohibited to mobilize and use public obligatory labor in contravention
of this Ordinance’s provisions.
Chapter II
ANNUAL PUBLIC LABOR
OBLIGATION
Article 7.- All
Vietnamese citizens, aged from full 18 to 45 years for men, and from full 18 to
35 years for women, shall have to perform their annual public labor obligation.
Article 8.- Each citizen
must contribute 10 workdays performing his/her annual public labor obligation.
Article 9.- The annual
public labor shall be used to contribute to the following local undertakings:
1. Construction and renovation of traffic roads;
2. Construction and renovation of irrigation
works; particularly, the construction and renovation of dikes and embankments
shall comply with the provisions of the legislation on flood and storm
prevention and combat;
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4. Construction and renovation of fallen heroes’
graveyards, monuments and memorial stela houses.
5. Construction and renovation of other
public-utility projects of social-welfare nature.
Article 10.- The
following persons shall be exempt from the annual public labor obligation:
1. Officers and men of the People’s Army and the
People’s Police;
2. National defense workers and employees and
people’s policemen working in mountainous, high-land, deep-lying and border
regions and islands; national defense workers and employees of professional
itinerant repair teams;
3. Demobilized servicemen who are currently
registered as first-grade reserves;
4. War invalids, sick soldiers and those who are
entitled to preferential policies like war invalids;
5. Parents or spouses of fallen heroes, persons
who had fostered fallen heroes;
6. Career religious dignitaries;
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8. Persons who suffer from a loss of 21% or
higher of their working capacity.
Article 11.- Persons
subject to the annual public labor obligation who, at the time of labor
mobilization, fall into one of the following cases, shall be temporarily exempt
from such obligation:
1. Persons who are being under medical treatment
or in convalescence; persons who are the only ones in their respective
families, personally nursing their next of kin being seriously ill;
2. Parents, spouses of armymen on active
service, whose families actually meet with great difficulties as certified by
the People’s Committees of communes, wards or district townships (hereafter
collectively referred to as the commune-level People’s Committees);
3. Women who are pregnant or nursing their
under-36 month children;
4. Men, who have their wives passed away or
divorced, and are nursing their under-36 month children;
5. Persons who are personally nursing or serving
seriously wounded soldiers, seriously sick soldiers or disabled persons who
suffer from a loss of 81% or higher of their working capacity;
6. Persons who constitute the hard-core of the
militia and self-defense forces;
7. State officials and employees who are sent to
work for a definite time in mountainous, high-land, deep-lying or border areas
and islands;
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9. Persons who are the only bread earners in
their families and personally fostering other people who are incapable of
working or not up to the labor age;
10. Persons being members of family households,
which are certified by the commune-level People’s Committees as hungry
households according to the hunger line set by the Government;
11. Heads and deputy heads of commune polices,
commune police agents; chiefs of villages, hamlets or equivalent units;
12. Post-graduate students, master’s degree
students, probationers, students and trainees enrolled in full-time long-term
courses at universities, academies, colleges, intermediate vocational schools
and job-training schools in the national education system, religious training
institutions; general education pupils; literacy class teachers and learners;
13. Persons who are working or studying in
foreign countries.
Article 12.- The period
of time when the members of second-grade reserves and militia and self-defense
forces are called up for training, exercise drills, maneuvers, combat readiness
and service shall be counted into the time for performing their annual public
labor obligation.
Article 13.- The
commune-level People’s Committees shall open books to monitor the performance
of the annual public labor obligation by citizens residing in their respective
localities according to the unified form set by the Ministry of Labor, War
Invalids and Social Affairs, and report the situation to the People’s
Committees of rural districts, urban districts, provincial capitals or
provincial towns (hereinafter referred to as the district-level People’s
Committees). The district-level People’s Committees shall check, sum up and
report the situation to the People’s Committees of the provinces and centrally-run
cities (hereinafter referred to as the provincial-level People’s Committees)
for the whole province’s sum-up review which shall serve as basis for
directing, inspecting and planning the use of the locality’s public labor
workday fund.
The reporting time limit shall be decided by the
presidents of the People’s Committees of the provinces and centrally-run
cities.
Article 14.- All people
who personally perform the annual public labor obligation shall have to fulfill
the labor norms or work volumes assigned by the public labor using units. If
they fulfill such assigned norms or volumes ahead of time, they shall be
prematurely released from their obligation.
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Persons who perform the annual public obligation
on other people’s behalf must be aged full 18 to 60 years for men, or from full
18 to 55 years for women, and in good health to fulfill the assigned labor
norms or work volumes.
The amount of money paid for each workday shall
be set by the People’s Council of the province or centrally-run city, suited to
the actual conditions of each area in its locality, but must not exceed 120% of
the minimum daily wage level set by the State.
Article 16.- Persons
subject to the annual public labor obligation who voluntarily pay money instead
of personally performing their obligation shall have to remit such money to the
People’s Committees of the communes where they reside. Upon receiving the
money, the commune-level People’s Committees shall have to hand receipts to the
payers.
Article 17.- A maximum
of 10% of the annual public labor resources shall be distributed to the
provincial level, a maximum of 20% to the district level and remainder to the
commune level.
Article 18.-
1. The People’s
Committees of all levels may set up their respective public labor workday funds
from the annual public labor resources.
2. All public labor workday funds must be
reflected into the local budgets of all levels.
The proceeds from the performance of the annual
public labor obligation in form of money payment of a certain level shall be
remitted into such level’s own account opened at the State Treasury.
3. The public labor workday funds shall be
managed and used for right purposes and in a democratic and transparent manner.
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Article 19.- The
commune level’s annual public labor resources shall be used for public-utility
undertakings of the concerned communes, wards or district townships.
The annual public labor resources of the provincial
and district levels shall be used in support of public-utility projects managed
by the lower level or used in service of projects under their own management.
Article 20.- The
presidents of the People’s Committees of communes, wards and district townships
(hereinafter commonly referred to as the presidents of commune-level People’s
Committees) shall base themselves on plans for use of annual public labor
already decided by the People’s Councils of the same level or requests of the
People’s Committees of the higher levels to issue decisions to mobilize
citizens residing in their respective localities.
Mobilization decisions of the presidents of the
commune-level People’s Committees must be notified to the mobilized people or
their families within 7 days before the performance of the public labor
obligation.
Article 21.- The
mobilization of the annual public labor must be made on the basis of clearly
determining the work volume, labor demand, construction tempo and relevant
factors, and at the same time minimizing such mobilization’s adverse impact on
the production, working and studying activities of the concerned agencies,
organizations, units and citizens.
Article 22.- The funds
for organizing the mobilization and management of annual public labor workday
funds shall be allocated by the local budgets according to provisions of law.
Chapter III
THE PUBLIC LABOR
OBLIGATION IN EMERGENCY CASES WHEN NATURAL CALAMITIES, FIRES AND EPIDEMICS OCCUR
Article 23.- In
emergency cases where a natural calamity, fire or epidemic occurs (hereafter
referred to as emergency cases for short), every citizen with working capacity
shall have to participate in public labor in order to promptly prevent or
combat it, or overcome its consequences, thus minimizing the damage.
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1. The Prime Minister shall decide the
mobilization in emergency cases where particularly serious incidents occur with
great impacts on socio-economic activities or hazards to ecological environment
in many provinces and/or centrally-run cities, or within one province or
centrally-run city, which are beyond the handling capacity of the provincial
level;
2. The presidents of the provincial-level
People’s Committees shall decide the mobilization when emergency cases occur in
many districts, urban districts, provincial capitals, provincial towns or
within one district, urban district, capital or provincial town, which are
beyond the handling capacity of the district level;
3. The presidents of the district-level People’s
Committees shall decide the mobilization when emergency cases occur in many
communes, wards, district townships or within one commune, ward, district
township, which are beyond the handling capacity of the commune level;
4. The presidents of the commune-level People’s
Committees shall decide the mobilization when emergency cases occur within
their respective communes, wards or district townships.
In cases where they are unable to handle such
cases, the presidents of the People’s Committees shall have to promptly report
them to their immediate higher-level for handling.
Article 25.- The
duration of each public labor mobilization for emergency case must not exceed 5
workdays, including traveling time.
Chapter IV
REGIMES TOWARD THE PEOPLE PERSONALLY PERFORMING THEIR
PUBLIC LABOR OBLIGATION
Article 26.- For the
people who personally perform their public labor obligation at places far from
their residence places and are unable to travel the distance daily, the labor
using units (in cases of the annual public labor) or the agencies that have
decided the labor mobilization (in emergency cases) shall arrange lodging and
traveling facilities or pay for round-trip fares.
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1. The people performing
the public labor obligation in emergency cases shall enjoy allowances. The
allowance level for one workday shall be equal to the daily wage amount of the
common minimum wage level. For those working in night time (from 22 hours to 6
hours the next day), the allowance level shall be doubled. Those who work at
places where exist noxious and hazardous elements shall be equipped with labor
safety devices and enjoy allowance level as for laborers of the production and
business sectors working in the same environment.
2. Allowances specified in Clause 1 of this
Article shall be calculated according to the actual daily working hours. Each
working period of from 2 to 4 hours shall be counted a half workday; each
working period of from over 4 to 8 hours shall be counted a full workday. In
cases of extra-time work, each extra-time working hour shall be accounted as
two routine working hours.
3. Besides the allowance regime specified in
this Article, the people, who perform the public labor obligation in emergency
cases at places far from their residence places and are unable to travel the
distance daily, shall be given meal allowances. The meal allowance level shall
be set by the People’s Committees of the provinces and centrally-run cities where
such emergency cases occur.
Article 28.- People
personally performing the public labor obligation who suffer from labor
accidents shall be given the medical expenses for first-aid, emergency care and
hospitalization of their injuries. In cases where a victim suffers from working
incapacitation, he/she shall be considered for an allowance according to
his/her labor incapacitation rate. If a victim dies, even when he/she is under
the first-time treatment, the person who personally organizes the funeral shall
be given a funeral allowance; such victim’s family or next of kin shall be
given a lump-sum allowance.
The Government shall specify the medical
expenses, funeral cost and allowance regimes.
Article 29.- People who
fall sick while personally performing the public labor obligation and hold
medical insurance cards shall have their medical examination and treatment
expenses paid according to the provisions of the Statute on Medical Insurance.
Those who have not yet participated in the medical insurance shall also enjoy
benefits like the medical insurance card holders, except for cases where such
people fall sick while performing their annual public labor obligation at
projects of communes, wards and district townships.
Article 30.- The funds
for paying allowance regimes and covering medical examination and treatment
expenses for people who have not yet participated in the medical insurance as
specified in Articles 26, 27, 28 and 29 of this Ordinance are stipulated as
follows:
1. Spending amounts for the annual public labor
obligation shall be deducted from the annual public labor resource in cash of
the project managing levels. If such source is insufficient, it shall be
supplemented by the local budget of the same level;
2. Spending amounts for the public labor
obligation in emergency cases shall be deducted from the budget of the level
that has issued the mobilization decision. Particularly for emergency cases of
storms and/or floods, the storm and flood prevention and combat fund shall be
used.
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Article 32.- Persons
who perform the annual public labor obligation on others’ behalf according to
Article 15 of this Ordinance shall have responsibilities and enjoy benefits
like those who personally perform their own public labor obligation.
Chapter V
THE RESPONSIBILITIES OF THE STATE AGENCIES AND
ORGANIZATIONS IN THE MANAGEMENT AND USE OF THE OBLIGATORY PUBLIC LABOR
Article 33.-
1. The Government shall
perform the unified State management over the public labor obligation
throughout the country.
2. The Ministry of Labor, War Invalids and
Social Affairs shall be answerable to the Government for performing the State
management over the public labor obligation.
3. The ministries, ministerial-level agencies
and agencies attached to the Government shall, within their respective tasks
and powers, coordinate with the Ministry of Labor, War Invalids and Social
Affairs in performing the State management over the public labor obligation.
4. The People’s Committees of all levels shall,
within their respective tasks and powers, have to perform the State management
over the public labor obligation in their respective localities.
Article 34.- The State
agencies, the Committees of the Vietnam Fatherland Front and its member
organizations, other social organizations, economic organizations, people’s
armed forces units, schools and families shall, within their respective
responsibilities, have to supervise, inspect, encourage, educate and create
conditions for the people subject to the public labor obligation to perform
such obligation.
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Article 36.-
1. The People’s
Committees of all levels shall work out plans for use of funds of annual public
labor workdays, then submit them to the People’s Councils of the same levels
for decision; decide the mobilization, management and use of the funds of
public labor workdays; and report the performance results to the People’s
Councils of the same levels and the People’s Committees of the immediate higher
level.
2. The presidents of the People’s Committees of
all levels shall decide the mobilization of public labor in emergency cases
according to the competence defined in Clauses 2, 3 and 4, Article 24 of this
Ordinance and report the result thereof to the immediate higher level after
each mobilization.
3. Annually, the provincial-level People’s
Committees shall report to the Government on the performance of the public
labor obligation in their respective localities.
Article 37.- Agencies
and organizations that use the public labor shall have to well prepare the
necessary conditions and means, and organize and use the public labor in an
efficient manner; devise measures to prevent accidents; conduct the
pre-acceptance inspection of projects, make accurate and prompt payment and
final settlement; and apply all the prescribed regimes and policies toward the
public labor obligation performers.
Chapter VI
COMMENDATION, REWARDS AND HANDLING OF VIOLATIONS
Article 38.- Persons
who have recorded achievements in the performance of public labor obligation
shall be commended and/or rewarded according to the State’s regulations.
Article 39.- Persons
with competence to mobilize or with responsibilities to manage and use the
public labor, who commit acts of violating this Ordinance’s provisions shall,
depending on the nature and seriousness of their violations, be disciplined or
examined for penal liability.
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Article 41.- Citizens
may lodge complaints and/or denunciations, organizations may lodge complaints
about acts of violating this Ordinance’s provisions according to provisions of
law.
Chapter VII
IMPLEMENTATION PROVISIONS
Article 42.- This
Ordinance shall take effect from January 1st, 2000.
Article 43.- This
Ordinance replaces the November 10, 1988 Ordinance on the Public Labor
Obligation.
The previous regulations which are contrary to
this Ordinance are now annulled.
Article 44.- The
Government shall detail and guide the implementation of this Ordinance.
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