Vietnam legal Document page
MINISTRY Of LABOUR        SOCIALIST REPUBLIC Of VIETNAM
WAR INVALIDS AND SOCIAL  Independence-freedom-Happiness
AfFAIRS
No.19-LDTBXH-TT
                                Hanoi, 31 December 1990

000

CIRCULAR ON LABOUR fOR ENTERPRISES WITH fOREIGN OWNED CAPITAL

Pursuant to the Labour Regulations for Enterprises with foreign Owned Capital issued with Decree No. 233-HDBT of the Council of Ministers dated 22 June 1990, and after consultation and agreement with the State Committee for Co-operation and Investment and other relevant Ministries, branches and organizations, the Ministry of Labour War Invalids and Social Affairs makes provisions for implementation of the Regulations as follows:

I.Scope of Application and Persons To Whom The Provisions Apply

1.Scope of application.

These provisions on labour shall apply to the following which have been granted licenses by the State Committee for Co-operation and Investment for establishment and operation in the territory of the Socialist Republic of Vietnam pursuant to the Law on fo reign Investment in Vietnam: joint venture enterprises, enterprises with one hundred (100) per cent foreign owned capital and foreign parties to business co-operation contracts, and to approved foreign representative offices.

2.Persons to whom the provisions apply.

- t0he director, or the person authorized by him to sign labour contracts or collective labour agreements, and his or her successor who shall continue to be bound by the terms and conditions of the signed contracts or agreements; and

- Vietnamese or foreign employees employed by the enterprises referred to in clause 1 above.

II.Recruitment And Training

1.Criteria for labour recruitment.

The criteria by which employees are selected, such as physical health, sex, education, formal qualifications and occupation shall be determined by the enterprise in accordance with its recruitment needs. All employees shall be at least eighteen (18) year s of age according to the solar calendar.

In the event that recruitment of persons under eighteen (18) years of age is necessary, the provisions of article 4 of the Labour Regulations shall apply.

2.Methods of recruitment.

Article 3 of the Labour Regulations stipulates that an enterprise may recruit labour in three ways:

(a)Based upon the criteria referred to in Part II clause 1 above, an enterprise may recruit employees directly from those recommended by the local labour office.

The local labour office as referred to is the office of Labour War Invalids and Social Affairs of the provinces, cities or special zones under central authority.

(b)In the event that an enterprise is unable to recruit employees in the manner referred to in clause 2(a) it may delegate the task of recruitment to an authorized labour supply company or investment service company. Such recruitment shall take place in accordance with the criteria determined by the enterprise.

A labour supply company or investment service company must be established as a legal entity with a license to supply labour. After such establishment the company must obtain a permit allowing it to carry out its functions of labour recruitment for, and r ec0ommending employees to, enterprises with foreign owned capital. The permit must be obtained from the relevant level of authority as follows:

- in the case of companies subject to the authority of a ministry or central authority, the permit required is one which is issued by the Ministry of Labour War Invalids and Social Affairs;

- in the case of companies subject to local authority, the permit required is one which is issued by the Chairman of the provincial people's committee.

In the event that a joint venture contract or business co-operation contract provides that the Vietnamese side be responsible for recruitment, the Vietnamese company or enterprise shall perform its obligations accordingly.

(c)Where the demand for recruitment is not met by the methods referred to in (a) and (b) above, the enterprise shall notify the local labour office which shall widely advertise, including in other localities, the positions offered.

The enterprise shall, fifteen (15) days after advertisement, report its results to the local labour office in order that the office may supervise, manage, and facilitate relocation of those persons to the locality at which they are to be employed.

(d)fees for the employment of labour resulting from recommendation or delegation:

fees to be paid in respect of labour recommendation or recruitment by delegation as provided for in paragraphs (a) and (b) shall be paid once only in a sum to be agreed by the parties which sum shall not exceed:

- three per cent of the monthly salary of each employee as stated in his or her labour contract where recruitment has taken place by recommendation and has required negotiation, the preparation of a notice of recruitment, necessary files and curricula vit ae;

- eight per cent of the monthly salary of each employee as stated in his or her labour contract where recruitment has taken place by way of delegation and has required negotiation and preparation of a notice of recruitment, necessary files and curricula v itae and the carrying out of all necessary examinations in relation to health, skills and expertise.

3.Recruitment of foreign employees.

(a)Where a high level of technical skill and expertise is required and Vietnamese personnel possessing such skill and expertise are not available, an enterprise may recruit foreign personnel provided a written proposal has been submitted to and approved b y the local labour office. This proposal shall contain the following:

-0 the expected duration of the work which requires a foreigner's skill and expertise;a detailed program and plan for training Vietnamese personnel in order that they may eventually replace the foreign personnel; and

- the unit, organization or individual which shall meet the cost of transporting foreign employees into and out of Vietnam.

(b)The local labour office shall issue a labour card in standard form as stipulated by the Ministry of Labour War Invalids and Social Affairs to all foreign employees upon their entry into Vietnam.

III.Labour Contracts

1.form.

The form for a labour contract is Appendix A to this Circular.

The contents of labour contracts are clearly specified in Chapter III of the Labour Regulations.

2.Termination of Labour Contracts.

(a)The right of an employee, unilaterally, to terminate a labour contract is contained in article 15 of the Labour Regulations as follows:

In respect of indefinite term labour contracts: the employee is entitled to terminate his or her labour contract at any time without giving any reason but in doing so shall give notice of at least sixty (60) days of his or her intention to do so to the g eneral director of the enterprise, or person authorized by him, as the case may be.

In respect of definite term labour contracts or contracts which are for a specific task or seasonal job the employee is entitled, unilaterally, to terminate his or her labour contract, provided that notice is given in advance in accordance with the provis ions of article 18 of the Labour Regulations, in any of the following cases.

- clause 2 article 15: the amount of wages and other allowances (if any) paid are less than the sum agreed upon or are paid at least one week late for two consecutive payment periods or for four payment periods over a period of twelve months; and

0 - clause 3 article 15: the general director of the enterprise or a person authorized by him humiliates, intimidates, offends or physically harms the employee, causing physical or mental pain and distress, or condones such behavior in other employees even where such behavior would not be sufficient to constitute criminal conduct under the Criminal Code.

(b)The right of an enterprise to terminate the labour contract of an employee is contained in article 16 of the Labour Regulations as follows:

- clause 1 article 16: an employee shall be considered as regularly failing to fulfill his or her duties as described in the terms of the contract, when he or she is unable to fulfill or meet the requirements of work in terms of both quantity and quality , as indicated in the contract, for a period of two successive months or three months spread over one year.

3.Enterprises which, or employees who, are in breach of the terms and conditions required for labour contract termination or for the stipulated notice to be given shall be liable to make compensation as follows:

(a)Breach of the terms and conditions necessary for contract termination: the party in breach shall pay to the other party compensation as follows:

- the equivalent of at least three months' salary shall be paid in the case of indefinite term labour contracts or definite term labour contracts where less than one half (of the agreed term has been performed;

- the equivalent of at least two months' salary shall be paid in the case of a definite term labour contract where more than half of the agreed term has been performed; and

- the equivalent of at least one month's salary shall be paid in all other cases.

The monthly salary level is the principal salary and all other allowances (if any) agreed in the labour contract.

(b)Breaches of the prescribed notice period:

The party in breach shall pay to the other party the proportionate part of each month's salary, and all other allowances (if any) in respect of any part of the notice period not observed.

(c)Where an employee has been trained by his or her employer and has subsequently breached the terms and conditions of contract termination then, in addition to the compensation provided for above, the employee shall, at the request of his or her employer , reimburse the enterprise for the whole of the cost of training or any part paid by it as stated in the terms and provisions of the contract signed between the parties. The amount to be paid shall be agreed upon in advance and included in the labour con tract.

(d)Responsibilities for payment of compensation by the parties after termination of the labour contract:

- no later than one week after termination of the labour contract, the employee and the enterprise shall, where applicable, make payment in full of all amounts outstanding in accordance with the provisions of the contract and in respect of any amounts of compensation;

- the enterprise shall return to the employee his or her labour card (if any) and all other relevant personal documents submitted to the enterprise by the employee in the course of his or her work and, in the event that any of these documents have been lo st or damaged by the enterprise, the employee shall be paid for the cost of their replacement; and

- the employee shall return all items other than his or her belongings which have been supplied by the enterprise in the course of his or her employment including the entry-exit card (if any) of the enterprise and, at the same time, may request that the e nterprise supply all necessary certificates and references in respect of the employee's working period at the enterprise, including information as to the levels of skill and expertise achieved and all other rights and benefits which he or she has enjoyed.

IV.Collective Labour Agreement

1.In addition to the matters referred to in article 23 of the Labour Regulations the following may be agreed upon in the collective labour agreement:

- the working relationship between the employees' representative (or trade union of the enterprise) and the director;

- the rest and recreation program in respect of jobs which require unusual working hours;

- conditions for dismissal of employees where such dismissal becomes necessary as the result of disasters, changes in technology and other unprecedented events;

- regulations concerning the method and form of payment of salary and bonuses including the day of the month on which payment will be made, promotions, and training aimed at improving skill level;

- resolution of labour disputes; and

- any other preferential treatment.

Any such agreements shall comply with the Labour Regulations and provisions contained in this Circular.

2.The director or a person authorized by him, shall consult with the trade union or employee's representative and, taking into account the specific conditions of the enterprise, prepare and arrange for the signing of a collective agreement in accordance w ith the law.

In the event that a trade union is not already in existence in the enterprise and it is necessary to appoint a representative of the employees, the representative shall be elected by way of secret vote of the employees of the enterprise. The vote shall b e witnessed and counted by the director of the enterprise, or his representative, and a representative of the local labour office.

3.The collective labour agreement shall be submitted to local labour office (office of Labour War Invalids and Social Affairs) for registration. If within fifteen (15) days of receipt of such collective labour agreement, the local labour office has not n otified its acceptance of the agreement for registration, it shall be considered to be in force.

4.The collective labour agreement shall be one of the primary legal bases for the resolution of labour disputes which may arise within the enterprise.

V.Trade Union

1.The director of each enterprise is obliged to recognize and respect the right to organize and operate a trade union in conformity with the Law on Trade Unions and articles 28, 29, and 30 of the Labour Regulations.

2.The chairman or a person authorized by the executive committee of the trade union shall be entitled to attend and participate in the meetings which deal with issues relating to the rights and benefits of employees.

3.In the event of termination of a labour contract pursuant to article 16 of the Labour Regulations, the director of the enterprise shall consult and connect with the executive committee of the trade union. Should the committee disagree with the decision of the director, it may make a report to an organization which is authorized to resolve labour disputes.

4.In the event that a breach of policy or law relating to employees is discovered, the executive committee of the trade union shall have the right to request that the director of the enterprise correctly implement the relevant policy and law.

5.The director of the enterprise shall be responsible for the creation of favorable conditions for the operation of the trade union, including the supply of all necessary facilities and information, and the provision of timely notice regarding workers' sa laries and bonuses (if any), occupational safety, sanitation, and all other matters relating to the employees of the enterprise.

The trade union shall be responsible for ensuring that each employee is aware of and, at all times, acts in accordance with the terms of his or her labour contract.

VI.Time for Work, Rest, and Recreation

1.The Labour Regulations stipulate the maximum and minimum periods of time for work, rest, and recreation. The enterprise may adopt a period of time less than the maximum or more than the minimum stipulated.

2.Shift breaks:

- breaks taken by employees who are working in shifts, shall be included in his or her working time; and

- breaks taken by employees working regular office hours shall be excluded from his or her working time.

3.Annual leave:

- annual leave taken shall include those working days on which the employee is absent, including traveling days. In the event that any day which would otherwise constitute annual leave taken coincides with a weekly day off or public holiday, that day sha ll not be included in the calculation of annual leave taken;

- an employee may take annual leave in up to three installments provided that the total amount of days taken does not exceed his total entitlement;

- in the event that an employee does not wish to take his or her annual leave or takes less than his or her entitlement, the employee shall be paid his or her normal wage in lieu of those days not taken; and

- employees may be paid traveling expenses incurred during his or her annual leave as provided in the collective labour agreement and depending on the ability of the enterprise to make such payment.

4.Leave in respect of the following shall be fully paid:

- holidays which do not coincide with the weekly day of stipulated in article 33 of the Labour Regulations;

- annual leave as stipulated in article 33 of the Labour Regulations;

- maternity leave as taken in accordance with the regime in relation to pregnancy and birth;

- the amount of time necessary each day for women to nurse their children under the age of twelve (12) months;

- a limit of three days taken where an employee marries or suffers the death of a parent, a parent-in-law, spouse, son or daughter as stipulated in article 38 of the Labour Regulations; and

- any other days as may be agreed in the collective labour agreement, the labour contract or as otherwise permitted by the director of the enterprise.

fully paid shall mean the principal salary and all other allowances, if any, as specified in the labour contract.

VII. Salary - Wages

1.The salary specified in the contract:

- the principal salary and other allowances shall be agreed in a written contract signed by the employee and the director of the enterprise, or a person authorized by him, taking into account the area of business or production, the work involved, the occu pation, the working conditions and level of skill and expertise required; the principal salary shall be no less than the minimum level published annually in respect of enterprises with foreign owned capital by the Minister of Labour War Invalids and Socia l Affairs;

- the principal salary shall be calculated by reference to hours, days, weeks or months, but the monthly salary shall also be stated so as to provide a basis for the calculation of other benefits referred to in this Circular;

- prior to actual labour recruitment, the enterprise may, in order to facilitate negotiations of wage agreements with employees, connect with the Ministry of Labour War Invalids and Social Affairs or the local labour office to develop a salary system suit able for the various types of jobs and tasks involved in the enterprise; and

- the enterprise may combine normal salaries and wages with an incentive system based on collective or individual productivity.

2.Provisions for salary payment:

- the enterprise shall ensure that payment is made of all wages, salaries, and other allowances, if any, as and when those payments fall due, all payments shall be made at the place of employment of each employee; in the case of delayed payments or those which are made in a sum for less than the full amount, the enterprise shall be fined in proportion: three tenths of one (0.3) per cent of the delayed or outstanding amount per day for the first seven days, and half of one (0.5) per cent of the delayed or outstanding amount per day for every day thereafter;

- wages and salaries shall be denominated in foreign currency and may be paid in whole or in part in foreign currency or in Vietnamese currency; all payments shall be made in cash and insofar as they are made in Vietnamese currency shall be made in accord ance with the relevant exchange rate published by the State Bank of Vietnam at the time of payment;

- all employees required to work at night (10 p.m. to 6 a.m.) shall be paid wages at least fifty (50) per cent higher than those paid for equivalent day work except in respect of night work at hotels, the rate of payment for which shall be at least twenty five (25) per cent higher than that paid for equivalent day work;

- employees who work overtime shall be paid for that overtime at a rate at least fifty (50) per cent higher than the standard rate (comprising the principal wage and all allowances); employees who work in lieu of holidays or days off, shall be paid for th at work at a rate at least one hundred (100) per cent higher than the standard rate;

- in the event that the enterprise becomes bankrupt, is dissolved or placed in liquidation, all salaries outstanding shall be the first and foremost liability of the enterprise and have first priority for payment; and

- each month, the enterprise shall report to the financial body and local labour office details of all income (including wages, bonuses, and all other income) paid to each employee of the enterprise.

VIII. Social Insurance

1.Obligations of enterprises to contribute to social insurance.

(a)In accordance with article 46 of the Labour Regulations, `Every month each enterprise shall pay a contribution to social insurance in a sum equivalent to ten (10) per cent of the total wages and salaries paid to its employees'.

The 'total wages and salaries' shall be calculated on the basis of the principal wages and salary paid (as specified in each labour contract) to the employees of the enterprise, including all management and other key staff members appointed by the board o f management of the joint venture enterprise or owners of the enterprise with one hundred (100) per cent foreign owned capital.

(b)Sums paid by enterprises for social insurance shall be applied as follows:

Two per cent of each monthly contribution shall be allocated to the local labour office or social insurance company, if any, for the purpose of contribution to the social fund for unemployment benefits. Persons who may benefit from this fund and the amou nt of payments shall be determined by the State.

The date upon which payment shall be made each month shall be agreed between the enterprise and local labour office or social insurance company. In the event that payment is delayed or inadequate, interest shall be paid upon the amount outstanding in acc ordance with the bank interest rate at the time.

The remaining eight per cent of each monthly contribution shall be allocated to a social insurance fund established in each enterprise and jointly administered by representatives of the director and of the employees, for payment of following social insura nce benefits:

Payments to employees for leave taken as a result of sickness, labour accidents, and other occupational diseases. All such payments shall be in a sum equivalent to at least fifty (50) per cent of the principal salary of the employee as stated in the cont ract.

Payments made for maternity leave which payments shall be in a sum equivalent to one hundred (100) per cent of the principal salary for a period of at least twelve calendar weeks. In the event that the employee is unable to return to work following the e xpiry of this twelve week period and has obtained a medical certificate to this effect, the enterprise may allow an extra period of leave not exceeding twelve weeks. The amount to be paid in respect of this leave shall be calculated in the same manner as that paid in respect of sickness in accordance with this Circular. In addition, the enterprise may permit further leave without pay depending on the particular circumstances of each case.

Medical expenses incurred as the result of illness, maternity leave, labour accidents, and occupational disease including expenses for consultation and treatment, necessary travel from the place of residence or employment of the employee to the health car e center or hospital and orthopedic expenses incurred.

All expenses incurred in respect of medical care necessary as a result of illness, maternity, labour accidents and occupational diseases which are not considered so serious as to warrant hospital treatment.

Additional benefits to female employees for pregnancy, family planning and related personal hygiene matters.

Burial and funeral expenses of any employee who dies whilst working in the enterprise, which expenses shall include the following:

- one coffin made from timber of the 5th group;

- twenty (20) metes of appropriate shrouding cloth;

- costs of hiring a hearse and a vehicle to carry the mourners; and

- joss-sticks, flowers, candles, and other necessary items.

Complete books of account shall be kept for the purposes of management of the eight per cent social insurance fund. These accounts shall comply with the regulations of the financial body and shall be prepared by the enterprise itself and approved by the financial body of the province, city or special zone under central authority.

2.Obligations of employees to contribute to social insurance.

Article 47 of the Labour Regulations provides that `Every month, each employee shall pay ten (10) per cent of his or her salary to the local social insurance fund for the purpose of social insurance schemes'.

Salary means the principal monthly salary specified in the labour contract, as opposed to the actual amount of income received by each employee. At the time of payment of monthly salary the employee's contribution to social services shall be deducted by the enterprise and paid to the local labour office or social insurance company.

Vietnamese employees who have retired or ceased work due to poor health, shall be entitled to the same benefits as those enjoyed by employees who work for domestic enterprises. Employees who are not eligible for retirement or cessation of work due to poo r health, shall be entitled to the same unemployment benefits as those applicable to unemployed workers in accordance with the current laws.

Procedures for payment and the source of funding for payments to employees as the result of retirement or permanent cessation of work shall be determined by the local labour office, or social insurance company. The ten (10) per cent social insurance cont ribution is not compulsory in respect of foreign employees.

IX. Occupational Safety and Health Protection

Each enterprise is responsible for the health, protection and occupational safety of its employees in accordance with articles 48, 49, and 50 of the Labour Regulations.

1.Notice before commencement of operation.

Prior to the commencement of operation, enterprises shall provide to the local labour office the following information:

- location of the enterprise;

- harmful, dangerous elements, if any, which may arise during the course of operations;

- measures to be taken to secure the occupational safety and hygiene of workers, and for protection of the environment and ecology; and

- measures to be taken to prevent fire and explosion and procedures for dealing with emergencies, labour accidents, and incidents which may pollute the environment.

2.Provision of personal protective equipment.

- enterprises shall provide their employees with all equipment necessary for their personal protection and hygiene in accordance with all labour safety requirements applicable to the tasks which they are to perform;

- where personal protection items are sufficiently important that their absence could result in labour accidents, it is imperative that such items be provided directly to employees and that the employees are not given the money to buy the items themselves ;

- such items include gloves and boots which provide insulation from electricity and resistance to oil and erosion, safety belts, gas masks, special clothing which is heat and erosion protective, and diving gear; and

- the means of personal protection to be supplied to each worker and the manner in which each is to be used shall be specified in the relevant labour contract.

3.Occupational accidents and diseases.

All labour accidents and occupational diseases shall be investigated fully and reported upon as stipulated by the State:

The enterprise is responsible for the provision of personal insurance policies in respect of each employee The insurance policies shall be placed with the Vietnam Insurance Company and an amount of at least eight thousand (8,000) US dollars compensation shall be payable under each policy in respect of the death or eighty one (81) per cent disability of an employee, where such death or disability is due to a labour accident or occupational disease, and not due to any fault of the employee.

Other levels of benefit payable under the policy shall depend upon the severity and permanence of the injury or disability and shall be calculated in accordance with the regulations of the Vietnam Insurance Company.

4.female employees and employees under the age of eighteen years.

A list of heavy or particularly dangerous occupations and jobs is contained in Appendix B to this Circular.

The list may be added to or amended when required, by the Minister for Labour War Invalids and Social Affairs.

5.Dealing with breaches of occupational safety and hygiene requirements.

Any enterprise which breaches any law or regulation relating to occupational safety or hygiene which breach results or may result in a labour accident, occupational disease or environmental pollution shall be punished according to the seriousness of the b reach. All breaches shall be dealt with in accordance with the provisions of the Ordinance on Administrative Penalties. Any breaches which may result in criminal liability may be prosecuted in accordance with the provisions of the Criminal Code of the So cialist Republic of Vietnam.

X. Labour Inspection and Control

Provincial labour inspectors and inspectors or duly authorized officials of the Ministry of Labour War Invalids and Social Affairs, shall have the power to inspect and control the compliance by enterprises with the Labour Regulations, collective labour ag reement, and other regulations applicable to employees at the enterprise.

The periodical inspection and control shall be planned in advance and the director of each enterprise shall be informed of all details.

Any inspections or controls which take place outside the plan referred to above shall be led by the chief or deputy chief inspector of the province, or the chief or deputy chief inspector of the Ministry of Labour War Invalids and Social Affairs. The resu lts of all such inspections and the recommendations of the inspectors shall be sent to the Minister of Labour War Invalids and Social Affairs.

XI. Resolution of Labour Disputes

1. Procedures for resolution.

(a) Complaints

The director of each enterprise or its employees, may make a complaint or refer any matter concerning any aspect of employment to a duly authorized governmental organization for resolution.

All complaints shall be referred initially to the local office of Labour War Invalids and Social Affairs. In the event that the office is unable to resolve the complaint to the mutual satisfaction of all parties concerned, the complaint shall then be tra nsferred to the Ministry of Labour War Invalids and Social Affairs.

The local office of the Ministry of Labour War Invalids and Social Affairs shall be responsible for the transfer of all such unresolved complaints with relevant papers and recommendations to the Ministry of Labour War Invalids and Social Affairs.

The parties concerned may themselves present their case to the Ministry of Labour War Invalids and Social Affairs, provided that attached to it are the written findings of the local office in respect of its initial resolution of the complaint together wit h all relevant documents.

(b) Conciliation and arbitration

Where there is a labour dispute, the director of the enterprise, its employees, and trade union, or employees' representative, shall, within seven days from the time at which the subject matter of the dispute was first mentioned by one party to the other, enter into negotiations aimed at the amicable resolution of the dispute.

In the event that such negotiations are unsuccessful the matter shall be determined as follows:

- initial reconciliation at which the local office of the Ministry of Labour War Invalids and Social Affairs shall act as mediator, shall take place within seven days from the date of receipt of a request from either disputing party;

- the local office of the Ministry of Labour War Invalids and Social Affairs may, within ten (10) days from the date of receipt of a request from either disputing party, establish an arbitration council to examine the dispute; and

- both parties may agree to appoint one person to act as arbitrator of the dispute or may request that the Minister of Labour War Invalids and Social Affairs appoint such an arbitrator with whose decision they undertake to comply (the appointment of an ar bitrator and resolution of the dispute shall take place within fifteen (15) days of the date of agreement being reached by the parties on the selection of an arbitrator).

The disputing parties have the right to choose without any order of preference, any one of the above-mentioned forms of resolution. Only after the adoption of those procedures and a subsequent failure of each to achieve resolution, may the disputing part ies submit the dispute to the Ministry of Labour War Invalids and Social Affairs for resolution.

Within twenty (20) days from the date of submission of the dispute and files, the Ministry shall reach its conclusion.

In the event that the conclusion reached by the Ministry is considered by both parties to be unsatisfactory they may request that it be heard by a People's Court.

(c) The manner and order in which the above-mentioned options for resolution of disputes are adopted by the parties shall be agreed upon between the director and the employees and recorded in the collective labour agreement.

XII. Provisions for Implementation of the Regulations

This Circular shall be of full force and effect as of the date of its signing. All stipulations previously issued by the Ministries and localities, and any agreements of the Ministry of Labour War Invalids and Social Affairs which are contrary to the pro visions of the Labour Regulations and to this Circular are hereby repealed.

The leaders of the relevant ministries and branches, the chairmen of people's committee of the provinces, cities and special zones under central authority, the heads of the organizations under the Ministry of Labour War Invalids and Social Affairs, togeth er with the directors and employees of each enterprise with foreign owned capital shall be obliged to implement and monitor the Labour Regulations and provisions contained in this Circular.

Should any difficulties arise during the process of such implementation and monitoring they should be reported immediately to the Ministry of Labour War Invalids and Social Affairs in order that they may be examined and resolved.

for the Ministry of Labour War
Invalids and Social Affairs
Minister
TRAN DINH HOAN
(Signed)


MINISTRY Of LABOUR                 SOCIALIST REPUBLIC Of VIETNAM
WAR INVALIDS AND              Independence - freedom - Happiness
SOCIAL AfFAIRS

APPENDIX B
To Circular dated 31 December 1990

List of Heavy, Harmful, Dangerous Occupations and Work

1.Melting and pouring liquid metal.
2.Pressing hot metal.
3.Refining metallic ores (bronze, lead, mercury, zinc, silver).
4.Pressing, drawing, stamping lead and lead-coated products.
5.Lighting refining furnaces which use coke.
6.Demolishing casting moulds.
7.Cleaning steam boilers and air pipelines.
8.Welding lead batteries, vacuum welding, welding at positions of higher than ten (10) metes.
9.All work involving contact with a source of open radiation.
10.Producing, packing or being permanently exposed to contact with aniline.
11.Producing phosphorus, arsenic and arsenic compounds.
12.Producing, packing and being permanently exposed to gas, paint, lead-bearing printing ink.
13.Working involving permanent exposure to manganese, dioxins, mercury.
14.Lighting pyrite drying ovens, assembling, cleaning, and adjusting air operated pumps of acid, electrical dust filter, scrap discharge (in production of sulfuric acid).
15.Producing nitric acid and sodium sulfate.
16.Producing carbon disulfide.
17.Producing phosgene.
18.Distilling and bottling benzene solution and homologous benzene.
19.Chloride electrolysis, chloride liquefaction, chloride bottling, chloride treatment (in production of chloric acid).
20.Lighting an ore-drying oven, grinding into powder, preparing super-phosphate (in production of super-phosphate).
21.Operating a coal-gas producing furnace, discharging scag from a coal-gas producing furnace, recycling bronze solution, operating urea-pressing machine (in producing urea fertilizer).
22.Operating an open circuit furnace of calcium carbide production, calcium carbide manual grinding.
23.Lead recycling, leaden alloy melting, leaden ball casting, leaden electrode casting, electrode plate plastering (in production of batteries).
24.Producing packing material or being permanently exposed to insecticides, weed killers, rat bait, antiseptic, antitermite/dry rot substance with high toxicity such as:
-arsenic and arsenic salts.
-zinc phosphate, aluminum phosphate, hydrogen phosphate.
-hydrofluoric acid, hydrochloric acid, hydocyanic acid and hydrocyanic acid salts.
-chloropicrate.
-nitrobenzene.
-organic mercury.
-organic phosphorus.
-organic chloride (various types of DDT, 666).
25.Repair work of chemical facilities such as furnace, container, hermetic tower, underground pipeline.
26.Distributing, measuring and weighing, sifting and chemical substances in rubber production.
27.Sulfurating, shaping up, loading and unloading large size products such as: containers, fuel tanks, automobile tires.
28.Working in rubber smoking rooms.
29.Digging furnaces, digging furnace pits.
30.All mine related work (including transportation).
31.Prospecting, drilling, dynamite hole boring, firing dynamite.
32.Grinding, distributing mineral material, raw material in conditions with ten (10) per cent or greater dust bearing of silicon dioxide and more.
33.Refining lead.
34.Exploiting various types of minerals containing radiation.
35.Rigging assembling derricks.
36.Probe drilling oil and gas wells.
37.Working at off-shore oil drilling platforms.
38.Oil service diving.
39.Piloting helicopters to/from off-shore derricks.
40.Repairing lead coated cable lines, welding leaden cable boxes.
41.Repairing high voltage transmission lines, erecting high voltage line poles.
42.Constructing, repairing line poles on antenna poles across rivers.
43.Constructing, repairing underground communication cables.
44.Preparing Chloride.
45.Being permanently exposed to hypochlorite.
46.Permanently preparing, being exposed to aniline dyes.
47.Melting glass, blowing glass with mouth.
48.Chromium plating, cyanide plating.
49.Operating phenol-imbibed hide boilers, pressing phenol plastic.
50.Membrane flower printing, printing labels on onion-skin paper.
51.Operating fabric starching machines.
52.Emulsifying photography paper.
53.Soaking hide, salting hide.
54.Hiding.
55.Pressing large pelts.
56.Working in a tobacco-fermenting furnace.
57.Coating a wine vat with paraffin.
58.Canning milk in a vacuum room.
59.Painting or removing rust from beer fermenting vaults.
60.Working in caissons.
62.Handling adjustments at large panels.
63.Well digging.
64.Working in a quarry.
65.Handling manual operating pneumatic machines with four (4) atmosphere pressure and more (such as drilling machines, sledge hammer).
66.Tying loads to cranes.
67.Driving heavy work machines having more than thirty-six (36) h.p. capacity such as scrapers, bulldozers, vehicles moving on caterpillar treads.
68.Tending steam engines.
69.Driving locomotives.
70.Cleaning steam boilers.
71.Painting, welding, rust scraping in airtight containers.
72.Soaking railway sleepers.
73.Handling loads of over fifty (50) kg.
74.Tending steamship furnaces.
75.Operating steam boilers.
76.Driving floating cranes.
77.Stoking coal in ships holds.
78.Pressing, welding, fitting hulks, assembling hulks.
79.Underwater mortar working.
80.River navigation.
81.Operating dredges.
82.Diving.
83.Driving trucks of over 2.5 tones loads.
84.Melting lead, pouring and finalizing lead-cast types.
85.Cleaning an engraving mould with acid.
86.Catching fish, shrimp, and other sea products at sea.
87.Processing leather.
88.Herding oxen and buffalo in mountainous areas.
89.Purchasing and transporting cattle and buffalo.
90.Driving agricultural tractor of over fifty (50) h.p. capacity.
91.felling trees.
92.Transporting large logs.
93.Rolling timber with a lever, manual loading and unloading of timbers.
94.floating a raft on a river with many waterfalls.
95.Pitsawing worked with two (2) men.
96.Searching for, and reflecting submerged timbers.
97.Handling, taking over, maintaining fuel underground storage.
98.Operating fuel pumps in underground storage.
99.Measuring fuel in underground storage.
100.Dredging underground sewage.
101.Soaking body in putrid water.
102.Dissecting dead bodies, shrouding, burying corpses, exhuming, and moving remains.