Labor Code Vietnam 2012 - Chapter XVI - INSPECTION OF LABOR AND SANCTION OF LEGAL VIOLATION ON LABOR

Chapter XVI INSPECTION OF LABOR AND SANCTION OF LEGAL VIOLATION ON LABOR

Chapter XVI

INSPECTION OF LABOR AND SANCTION OF LEGAL VIOLATION ON LABOR

Article 237. Responsibilities of the state inspector on labor

The inspector Ministry of Labour - Invalids and Social Affairs and the inspector of Service of Labour - Invalids and Social Affairs have the following main tasks:

1. Inspecting the compliance of provisions of the law on labor;

2. Investigating occupational accidents and violations on labor safety and hygiene;

3. Making guidance on the application of the the system of technical standards and regulations on labor conditions, labor safety and hygiene;

4. Settling complaints and denunciation on labor as prescribed by the law;

5. Handling under the competence and requesting the competent agencies to handle violations of labor laws.

Article 238. Labor inspection

1. The inspector Ministry of Labour - Invalids and Social Affairs and the inspector of Service of Labour - Invalids and Social Affairs shall execute the specialised inspection function on labor.

2. The inspection of labor safety and hygiene in the area of radioactivity, exploration, oil and gas extraction, means of railway, waterway, road and air transportion and other units of the armed forces shall be implemented by the state management agency in that area in cooperation with the specialized inspection on labor.

Article 239. Handling violations in the area of labor

Those who have acts of violation of the provisions of this Code, depending on the nature and seriousness of their violations, they shall be disciplined, and administratively sanctioned or prosecuted for criminal liability; if causing damage they must make compensation as prescribed by law.

Chapter XVII

IMPLEMENTATION PROVISION

Article 240. Effect of the Labor Code

1. This Code shall take effectfrom 01May2013.

The Labour Code dated 23 June 1994, the Law amending and supplementing a number of articles of the Labor Code No. 35/2002/QH10, the Law amending and supplementing a number of the Labour Code No. 74/2006 / QH11 and the Law amending and supplementing a number of articles of the Labor Code No.84/2007/QH11 that shall be expired from the date this Code takes effect.

2. From the date this Code takes effect:

a) The labor contracts, collective labor agreements, other legal agreements already concluded and the agreements more favorable to the employee than the provisions of this Code shall continue to be performed; the agreements inconsistent with the provisions of the Code must be amended and supplemented;

b) The stipulation on the time of enjoyment of the policies when giving birth in the Social Insurance Law No. 71/2006/QH11 shall comply with the provisions of this Code.

The female employee on maternity leave before the effective date of this Code, is still in the time of maternity leave to May 1, 2013 as prescribed in the Law on social insurance No. 71/2006/QH11, the time of enjoyment of the policies when giving birth ​complies with the provisions of this Code.

3. The labor regime for cadres, civil servants, officer and the person in the armed forces of the People's Army, People’s public security and other social organizations and cooperative members stipulated by the other legal documents but depending on the object, a number of provisions in this Code shall be applied. The Government has issued the specific salary policies applicable to cadres, civil servants, officer and the person in the armed forces of the People's Army and People’s public security.

Article 241. Effect for areas where less than 10 employees employed

The employer who employs less than 10 employees must implement the provisions of this Code, but is reduced and exempted a number of standards and procedures prescribed by the Government.

Article 242. Detailed regulationsandguidance of execution

The Government and the competent authorities shall stipulate in detail and make guidance of the implementation of articles and clauses in the Code.

This Code is adopted by the National Assembly of the Socialist Republic of Vietnam, term XIII, 3rd session on June 18, 2012.