Labour Code
Decree No.44/2013/ND-CP Detailing Implementation of a Number of Articles of Labor Code Regarding Labor Contracts

Decree No.44/2013/ND-CP Detailing Implementation of a Number of Articles of Labor Code Regarding Labor Contracts

Update: 12/12/2016 | 4:50:05 PM - Dragon Law Firm

This Decree details the implementation of the Labor Code regarding participation in compulsory social insurance, unemployment insurance and medical insurance of employees when enter into labor contracts with many employers; content of labor contracts applied to employees who are hired to do as directors in enterprises with capital contributed by the State; the orders of and procedures for announcement of invalid labor contracts of labor inspectorate and handling of invalid labor contracts.

 

THE GOVERNMENT
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------

No: 44/2013/ND-CP

Hanoi, May 10, 2013

 

DECREE

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LABOR CODE REGARDING LABOR CONTRACTS

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 18, 2012 Labor Code;

Pursuant to the November 29, 2005 Law on Enterprise;

At the proposal of the Minister of Labor, Invalids and Social Affairs;

The Goverment promulagtes the Decree detailing the implementation of a number of articles of the labor code regarding labor contracts,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details the implementation of the Labor Code regarding participation in compulsory social insurance, unemployment insurance and medical insurance of employees when enter into labor contracts with many employers; content of labor contracts applied to employees who are hired to do as directors in enterprises with capital contributed  by the State; the orders of and procedures for announcement of invalid labor contracts of labor inspectorate and handling of invalid labor contracts.   

Article 2. Subjects of application

1. Employees as prescribed in clause 1 Article 3 of the Labor Code.

2. Employers as prescribed in clause 2 Article 3 of the Labor Code.

3. The agencies, organizations and individuals relating to contents specified in Article 1 of this Decree.

Article 3. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. Enterprises with capital contributed by the State mean enterprises operating in accordance with the Law on enterprises of which the State holds under 100% of the charter capital.

2. Employees hired to do as directors in enterprises with capital contributed by the State include Vietnamese persons or foreigners having full standards and conditions as prescribed by law (hereinafter referred to as persond hired to do as directors)

3. Heads of inspectorate teams mean the heads of the inspectorate teams implementing the task of labor inspectorate, including: Heads of inspectorate teams of the provincial Departments of Labor, Invalids and Social Affairs, the Ministry of Labor, Invalids and Social Affairs and Heads of specialized inspectorate teams of Departments, General Departments attached the Ministry of Labor, Invalids and Social Affairs. 

Chapter 2.

PARTICIPATION IN COMPULSORY SOCIAL INSURANCE, UNEMPLOYMENT INSURANCE AND MEDICAL INSURANCE OF EMPLOYEES WHEN ENTER INTO LABOR CONTRACTS WITH MANY EMPLOYERS 

Article 4. Responsibility for participation in compulsory social insurance, unemployment insurance and medical insurance of employers and employees 

1. Responsibility for participation in compulsory social insurance, unemployment insurance and medical insurance of employers and employees:

a. Employees when enter into labor contracts with many employers and employees and employers subject to participation in compulsory social insurance and unemployment insurance, the employees and employers of the first labor contracts shall be responsible for participation in compulsory social insurance and unemployment insurance as prescribed by law.   

The employers of remaining labor contracts shall be responsible for paying the amounts equal to the payable levels of compulsory social insurance and unemployment insurance belonging to their responsibility as prescribed by law at the same time with the salary term of employees.

b. When a labor contract which employee and employer participating in the compulsory social insurance and unemployment insurance terminates or changes and the employee and employer not subject to participation in the compulsory social insurance and unemployment insurance, the employee and employer subject to participation in the compulsory social insurance and unemployment insurance of the following labor contract shall participate in the compulsory social insurance and unemployment insurance as prescribed by law.  

2. Responsibility for participation in compulsory medical insurance of employers and employees:

a. Employees when enter into labor contracts with many employers and employees and employers subject to participation in compulsory medical insurance, the employees and employers of the labor contracts that have the highest salary level shall be responsible for participation in compulsory medical insurance as prescribed by law on medical insurance. 

The employers of remaining labor contracts shall be responsible for paying the amounts equal to the payable levels of medical insurance belonging to their responsibility as prescribed by law on medical insurance at the same time with the salary term of employees.

b. When a labor contract which employee and employer participating in the compulsory medical insurance terminates or changes and the employee and employer not subject to participation in the compulsory medical insurance, the employee and employer subject to participation in the compulsory medical insurance of the labor contract with the highest salary level in the remaining labor contracts shall be responsible for participation in the compulsory medical insurance as prescribed by law.

3. The change of responsibility for participation in compulsory social insurance, unemployment insurance and medical insurance as prescribed in point b, clause 1, point b clause 2 of this Article is provided as follows: 

a. Employees and employers shall be responsible for amending and supplementing contents on the compulsory social insurance, unemployment insurance and medical insurance in labor contracts as prescribed by law;

b. Employees shall be responsible for notification and sending of the social insurance books, medical insurance cards and other relevant papers to employers of the following labor contract for implementation.

4. Employees shall be responsible for notification and enclosing copies of labor contracts which have been signed or amended and supplemented or terminated to the remaining employers for information.

...

Download here

Chapter 5.

IMPLEMENTATION PROVISIONS

Article 13. Effect

1. This Decree takes effect on July 01, 2013.

2. The Government’s Decree No. 44/2003/ND-CP, of May 09, 2003, detailing and guiding the implementation of a number of articles of the Labor Code regarding labor contracts and all previous documents which are contrary to this Decree hereby cease to be effective on the effective date of this Decree.

Article 14. Responsibility for implementation

1. The Minister of Labor, Invalids and Social Affairs shall guide implementation of this Decree.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities, the concerned agencies, enterprises, organizations and individuals shall have to implement this Decree.

 

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

 

Download
Other News

Decree No.92/2008/ND-CP Detailing and Guiding Implementation of Articles of Law on Legal Assistance

Decree No.92/2008/ND-CP Detailing and Guiding Implementation of Articles of Law on Legal Assistance

This Decree details and guides the implementation of a number of articles of the Law on Legal Assistance on expenses for performance of legal mandates specified in Articles 16, 31, 48 and 60; reporting and notification of legal assistance activities specified in Articles 61 through 70, and the Justice Ministry's tasks and powers ...

Decree No.115/2015/ND-CP Guidance on Law on Social Insurance Regarding Compulsory Social Insurance

Decree No.115/2015/ND-CP Guidance on Law on Social Insurance Regarding Compulsory Social Insurance

This Decree provides guidance on the Law on Social insurance in terms of compulsory social insurance applied to officials, civil servants and Vietnamese employees working under labor contracts.

Civil Code 2015

Civil Code 2015

The Civil Code provides the legal status, legal standards for the conduct of natural and juridical persons; the rights and obligations of natural and juridical person regarding personal and property rights and obligations ...

Circular No.01/2014/TT-BLDTBXH Detailing & Guiding Articles on Licensing of Labor Sublease, Payment of Deposits …

Circular No.01/2014/TT-BLDTBXH Detailing & Guiding Articles on Licensing of Labor Sublease, Payment of Deposits …

This Circular provides procedures on issuance, re-issuance, extension and withdrawal of Operating Licenses for labor sublease, reporting regime of labor sublease under Decree No.55/2013/ND-CP of May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code on the licensing of labor sublease ...

Decree 88/2010/ND-CP

Decree 88/2010/ND-CP

This Decree details and guides a number of articles of the Law on Intellectual Property and the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property regarding rights to plant varieties...

Law on Tourism 2005

Law on Tourism 2005

This Law provides for tourism resources and activities; rights and obligations of tourists, organizations and individuals doing tourism business and other organizations and individuals engaged in tourism-related activities.

Decree No.07/2016 on Representative Office of Foreign Trade

Decree No.07/2016 on Representative Office of Foreign Trade

This Decree provides detailed regulations on the establishment, operation, rights and obligations of representative offices and branches of foreign traders in Vietnam under the law on Commerce.

Treaty between Vietnam and UK on Mutual Legal Assistance in Criminal Matters 2009

Treaty between Vietnam and UK on Mutual Legal Assistance in Criminal Matters 2009

Treaty between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland on Mutual Legal Assistance in Criminal Matters in force from September 30, 2009.

Decree No.126/2014/ND-CP Detailing Some Articles & Measures for Implementation of Law on Marriage and Family

Decree No.126/2014/ND-CP Detailing Some Articles & Measures for Implementation of Law on Marriage and Family

This Decree prescribes in detail the application of marriage and family practices, the matrimonial property regime... involving foreign elements ...

Circular No.143/2016/TT-BTC on Representative Office for Foreign Traders ...

Circular No.143/2016/TT-BTC on Representative Office for Foreign Traders ...

This Circular deals with regulations on payers, collectors, fees for processing of applications for the license to establish representative offices of foreign trade promotion organizations or foreign traders in Vietnam, and the collection and transfer thereof.

Back To Top