THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
No: 41-CP | Hanoi, July 06, 1995 |
THE GOVERNMENT
Pursuant to the Law on Organization of the Government on the 30th of September 1992;
Pursuant to the Labor Code on the 23rd of June 1994;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES
THE PERSONS AND SCOPE OF REGULATION
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2. Enterprises belonging to the other economic sectors, the organizations and individuals hiring and employing labor according to labor contracts;
3. Professional units operating along the self-accounting system;
4. Trading and service organizations belonging to administrative and professional offices, the people's armed forces, the people's security forces, mass organizations, and other political and social organizations, which are permitted to register their trading activities;
5. Foreign invested enterprises, enterprises in export processing zones and industrial parks;
6. Foreign offices and organizations, international organizations based on Vietnamese territory which hire or employ Vietnamese citizens as labor.
1. Public employees and officials working in administrative and professional offices of the State;
2. Persons elected, assigned or appointed to positions in State organs;
3. Persons appointed to the positions of Director, Deputy Director, Chief Accountant, and members of the Managing Board in State enterprises;
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5. Officers, non-commissioned officers, and soldiers in the people's armed forces and the people's security forces.
Article 3.- Labor discipline in Item 1, Article 82, of the Labor Code includes stipulations on:
1. Observing work hours and rest hours;
2. Observing orders by the employers in conducting production and business activities;
3. Observing the technological process and the regulations on labor safety and labor hygiene;
4. Protecting the property and technological and business secrets within the scope of activity assigned.
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2. Order in enterprises: the area of work and movement; contacts and other requirements for maintaining general order;
3. Labor safety and labor hygiene at work places: observance of the measures to ensure labor safety, labor hygiene, and to prevent labor accidents and occupational diseases; observing the norms and conditions for labor safety and labor hygiene; the use and protection of equipment for individual safety; industrial hygiene at work places;
4. Protecting the property, technological and business secrets of the unit: different kinds of property, documents, files and data of the unit within the scope of activity assigned;
5. Acts in violation of labor discipline, forms of handling violations of labor discipline and material responsibility: the employers shall have to concertize each kind of violations and the seriousness of a violation; the forms of handling violations of labor discipline; defining kinds of material responsibility, the extent of damage, and the way of compensation suitable to the characteristics of the unit, with the collective labor agreement (if any), and not at variance with the law.
The labor regulations must be popularized to each laborer, and the main points of the labor regulations must be put up at the work place, the recruitment office and other necessary places of the unit.
1. The labor regulations must be registered at the Labor, War Invalids and Social Affairs Service. In registering its labor regulations, the unit concerned must enclose with it concrete conditions concerning labor discipline and material responsibility (if any);
2. The enterprises in export processing zones and industrial parks must send a copy of their labor regulations to the Managing Committee of export processing zones and industrial parks for registration at the Labor, War Invalids and Social Affairs Service in the locality where the Managing Committee is headquartered;
3. The Labor, War Invalids and Social Affairs Service must notify in writing the registration of the labor regulations of the unit concerned within 10 days after it receives the regulations. In case the labor regulations and the enclosed conditions have an article contrary to the law, the Service must single it out and guide the employers to amend it for registration;
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1. Oral or written reprimand shall apply to those laborers who commit a minor mistake for the first time;
2. Transfer of the offender to another work with a lower wage within a maximum period of 6 months shall apply to those laborers who have received a written reprimand, but who have committed a mistake again within the 3 following months or who have violated other stipulations of the labor regulations;
3. Sacking shall apply to those laborers who have violated one of the cases defined in Item 1, Article 85, of the Labor Code, and which has been defined in the labor regulations.
Article 7.- The principles of handling violations of labor discipline:
1. Each violation of labor discipline shall be subject to only one form of discipline. When a laborer commits many acts in violation of labor discipline at a time, he/she is liable to the highest form of discipline corresponding to his/her most serious violation;
2. No labor discipline is imposed on a laborer who infringes on the labor regulations while he/she is suffering from mental disease or another disease which deprives him/her of the capacity of perception or his/her ability to control his/her behavior;
3. All physical assault or insult to his/her dignity on the laborer when he/she is being disciplined is prohibited.
4. No monetary fine or wage cut shall be imposed in replacement of the application of labor discipline.
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1. A violation of labor discipline involving complicated circumstances which take time to investigate and confirm the mistake and personal identification of the person concerned;
2. The person concerned is in detention.
a/ The employer shall have to prove the mistake of the laborer with evidence or a witness (if any);
b/ A representative of the Executive Committee of the Trade Union at the grassroots unit must take part in the handling of a violation of labor discipline, except when an oral reprimand is given;
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2. The minutes of the handling of a violation of labor discipline includes the following main contents:
- The day, month, year, and location where the violation of labor discipline is handled;
- Full names and functions of those present;
- The act in violation of labor discipline, the seriousness of the violation, and the extent of damage caused to the enterprise (if any);
- Opinion of the person concerned, of the juror, or of the witness (if any).
- Opinion of the representative of the Executive Committee of the grassroots Trade Union organization;
- Conclusion on the form of handling the violation of labor discipline, the extent of damage, the level of compensation and the way of compensation (if any);
- The person concerned, the representative of the Executive Committee of the grassroots Trade Union organization, and the person authorized to handle the violation of labor discipline shall sign the minutes. The person concerned and the representative of the Executive Committee of the grassroots Trade Union organization have the right to reserve their own opinion; if they refuse to sign their names, they must write down clearly the reason.
3. Decision on handling violations of labor discipline:
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b/ The discipline decision must write clearly the name of the unit where the offender is working; the day, month and year of the decision; the full names and occupation of the offender; the contents of the violation of labor discipline; the form of discipline, the extent of damage, the level of compensation and the form of compensation (if any); the date when the decision begins to apply; the signature, full names and position of the person who issues the decision;
c/ The employer must send copies of his/her discipline decision to the person concerned and the Executive Committee of the grassroots Trade Union organization. In case of sacking, within 10 days after issuing the decision, the employer must send a copy of his/her discipline decision enclosed with the minutes of the handling of labor discipline to the Labor, War Invalids and Social Affairs Service.
1. When deciding to reduce the time of discipline or cancel discipline for the laborer who has been transferred to a lower-paid job for violation of labor discipline, the employer shall issue a written decision and reinstate him/her in the former job under the labor contract already signed.
2. The discipline decision shall become invalid on expiry of the discipline period.
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Those persons who are subject to labor discipline, who are temporarily suspended from their work, or who must make compensation according to the regime of material responsibility, have the right to complain, but pending the settlement of their complaints by the authorized agency, they must still comply with the discipline decision, suspend their work, and make compensation according to the regime of material compensation.
2. With regard to newly established units, 6 months after they start operation, the employer must register the labor regulations at the Labor, War Invalids and Social Affairs Service.
Article 19.- This Decree takes effect from the date of its signing.
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ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Khanh
- 1Decree of Government No.33/2003/ND-CP, amending and supplementing a number of articles of the Governments Decree No. 41/CP of July 6, 1995 which details and guides the implementation of a number of articles of the Labor Code regarding labor disciplines and material responsibilities
- 2Decree No. 05/2015/ND-CP dated January 12, 2015, defining and providing guidance on the implementation of a number of contents of the labor code
- 3Decree No. 05/2015/ND-CP dated January 12, 2015, defining and providing guidance on the implementation of a number of contents of the labor code
- 1Circular No. 19/2003/TT-BLDTBXH of September 22, 2003, guiding the implementation a number of articles of the Decree No.41/CP dated July 06, 1995 of the Government detailing and guiding the implementation of a number of articles of the labor code regarding labor disciplines and material responsibilities amended, supplemented in the Decree no.33/2003/ND-CP dated April 02, 2003 of the Government
- 2Law No. 35-L/CTN of June 23, 1994, The Labor Code of The Socialist Republic of Vietnam.
Decree No. 41-CP of July 06, 1995, giving detailed stipulations and guidance on the implementation of a number of articles of the Labor code on Labor discipline and material responsibility
- Số hiệu: 41-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 06/07/1995
- Nơi ban hành: Chính phủ
- Người ký: Nguyễn Khánh
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 06/07/1995
- Ngày hết hiệu lực: 01/03/2015
- Tình trạng hiệu lực: Hết hiệu lực