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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom–Happiness
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No.
23-CP
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Hanoi
,April 18,1996
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DECREE
PROVIDING DETAILS, AND GUIDANCE FOR THE
IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LABOR CODE ON WOMEN LABORERS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Proceeding from the Labor Code of June 23, 1994;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- The subjects and scope of regulation of this
Decree are defined as follows:
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a) The women laborers working in the enterprises
of all economic sectors and all forms of ownership;
b) The women laborers in State administrative
and public service agencies who are not State officials and employees; if they
are State officials and employees, they must be assigned jobs which are not
banned by the regulation on State employees;
c) The women laborers who work in the people’s armed forces who are not officers,
non-commissioned officers and soldiers;
d) The women laborers who work in the people’s organizations and other socio-political
organizations who are not full-time employees of those organizations;
e) The women laborers who are foreigners working
for Vietnamese enterprises, organizations and individuals on Vietnamese
territory, except otherwise provided for by International Conventions which the
Socialist Republic of Vietnam has signed or acceded to;
f) The women laborers who work in
foreign-invested enterprises licensed under the Law on Foreign Investment in
Vietnam, and in enterprises in the export-processing zones, the industrial
areas, the foreign agencies, organizations and individuals or international
organizations based in Vietnam but who are not State officials and employees.
2. With regard to the employers of women
laborers:
a) All organizations and individuals of all
economic sectors and all forms of ownership that employ women laborers,
including: State enterprises, private enterprises, joint-stock companies,
limited liability companies, cooperatives, production groups employing hired
labor; enterprises with foreign investment under the Law on Foreign Investment
in Vietnam; enterprises in the export-processing zones and industrial areas;
individuals and organizations of foreign countries or international
organizations based in Vietnam;
b) The State administrative and public service
agencies, the people's armed forces, the people’s organizations and other socio-political
organizations which employ women laborers.
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- Women have the right to equality with men in
the labor relations between the employers and laborers in all organizations,
between all individuals and in all economic sectors, in the following areas:
recruitment, employment, training, pay raise, promotion, reward, social
insurance, health insurance, labor conditions and safety, and material and
spiritual welfare and health care.
- The State shall ensure the equality of sex in
the above areas in the labor relations, preferential treatment policies and
reduction of taxes so as to create conditions for women laborers to effectively
take part in social activities, well perform their maternal functions. The
State shall cover part of the extra costs incurred by the employment of women
laborers.
Chapter
II
DETAILED PROVISIONS
Article 3.- The work regime for women laborers as provided
for in Item 1, Article 109, of the Labor Code, is defined as follows:
Proceeding from the character, working
conditions and nature of work of the enterprises, the employers of women
laborers shall take initiative to discuss with the trade union organizations
the plan to assign women laborers to flexible time tables, shorter work day,
and shorter work week, and to assign them jobs that can be done at home so as
to create conditions for women laborers to be employed on a regular basis,
according to their legitimate aspirations.
Article 4.- The enterprises which employ women laborers have
to study and determine the occupations which are not suitable for women to work
till their retirement, and to plan the training of reserve skills for women
laborers as provided for in Article 11, Decree No 90-CP of December 15, 1995 of
the Government which details stipulations and guidance for implementation of a
number of Articles of the Labor Code on vocational training.
Article 5.- An enterprise which meets one of the following
two conditions is regarded as having a high proportion of women in its work
force:
1. The enterprise which regularly employs from
10 to 100 women laborers and has women laborers accounting for 50% or more of
its total regular workforce;
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Article 6.- An enterprise with a high proportion of women in
its workforce as provided for in Item 2, Article 110, of the Labor Code, is
entitled to the following preferential treatment policies:
1. In case of special difficulty and with a
decision of the Prime Minister, it is allowed to take low-interest loans from
the National Fund for Employment as provided for in Point (d), Item 2, Article
6, of Decree No.72-CP of October 31, 1995 of the Government providing detailed
stipulations and guidance for the implementation of a number of Articles of the
Labor Code on employment;
2. In case of financial difficulty which makes
it impossible for the enterprise to move its women laborers from jobs which are
banned from women laborers to suitable jobs, the enterprise is allowed to set
up a project to request a single budget assistance from the National Fund for
Employment as provided for in Point (b), Item 2, Article 6, of Decree No.72-CP
of October 31, 1995 of the Government;
3. The enterprise is given priority in using
part of its total annual investment to cover the improvement of the working
conditions for women laborers.
The Ministry of Finance shall provide guidance
for the implementation of Item 3, Article 6, of this Decree.
Article 7.- The consideration for reduction of taxes in
accordance with Item 2, Article 110, of the Labor Code is provided for as
follows:
1. The enterprises which meet the conditions as
stipulated in Article 5 of this Decree are eligible for consideration for tax
reduction;
2. The profit taxes are to be reduced; but the
reduction shall not be lower than the extra expenses incurred by the high
employment of women, which the enterprise is able to calculate;
3. The money yielded by the reduction of tax
shall be managed and used by the enterprise to cater to women laborers.
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The Ministry of Finance shall provide detailed
guidance for the implementation of Items 2, 3 and 4 stipulated in Article 7 of
this Decree.
Article 8.- The enterprises which are not qualified as
having a high proportion of women laborers shall, on the basis of their actual
conditions and circumstances, study the State policies on women laborers so as,
together with the trade union organizations, to find measures for their
implementation. The agreements between them shall be included in the collective
bargains.
Article 9.- The bans imposed on the employers as specified
in Article 111 of the Labor Code are provided for as follows:
1. To ban the issue of regulations which are not
any useful for women laborers than the provisions of law;
2. To ban behaviors which are restraining the
capabilities to absorb women laborers into employment.
3. To ban cursing, beating, etc., which encroach
upon the honor and dignity of women laborers during work.
In case the employers violate the
above-described bans, they shall be dealt with in accordance with law,
depending on the seriousness of their violations.
Article 10.- The right of the expectant woman laborer to
unilaterally terminate the labor contract in accordance with Article 112 of the
Labor Code is provided for as follows:
1. The employer has to immediately move the
expectant woman laborer who is working on an assignment which carries a risk to
the fetus to another job which is more suitable, when there is a written
certificate by a doctor of a polyclinical ward of a hospital or a consulting
room of district or higher level;
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Article 11.- The enterprise which is employing women
laborers in jobs banned to women laborers as prescribed by the Ministry of Labor,
War Invalids and Social Affairs and the Ministry of Health, shall have to
design a plan to move the women laborers to other jobs as provided for in
Article 113 of the Labor Code, and Item 2, Article 6, of this Decree. In the
course of designing this plan, the enterprise has to take the following
measures:
1. With regard to especially heavy or noxious
jobs, the work hours must be reduced in accordance with the provisions of law;
2. Measures to improve the working conditions
must be applied;
3. The working time must be arranged
appropriately so as to allow women laborers conditions to learn new trades or
improve their professional skills.
Article 12.- With regard to the implementation of the
policies for women laborers in accordance with Article 118 of the Labor Code:
1. The enterprises with a high proportion of
women in the workforce must assign members of their Managing Commisions to
monitor the implementation of policies and regimes for women laborers; and to
review and recommend to the State management agencies to amend or supplement
those policies and regimes;
2. The enterprises which employ women laborers
must observe the regime of reporting on the implementation of regimes and
policies for women laborers as required by the Ministry of Labor, War Invalids
and Social Affairs;
3. At the enterprises where there are trade
union organizations or provisional trade union organizations, the
representative of the women laborers is the Committee for Women�s Affairs.
Chapter
III
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Article 13.- This Decree takes effect on the date of its
signing.
Article 14.- The Ministry of Labor, War Invalids and Social
Affairs and the Ministry of Finance shall, within the sphere of their functions
and tasks, be responsible for guiding the implementation of this Decree.
Article 15.- The Ministers, the Heads of the
ministerial-level agencies, the Heads of the agencies attached to the
Government, and the Presidents of the People’s
Committees of the provinces and cities directly under the Central Government
are responsible for implementing this Decree.
On behalf of the Government
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai