Decree No. 05/2015/ND-CP dated January 12, 2015 of the Government guiding the implementation of a number of the Labor Code’s contents

THE GOVERNMENT

Decree No. 05/2015/ND-CP dated January 12, 2015 of the Government guiding the implementation of a number of the Labor Code’s contents

Pursuant to the Government's Law on Government Organization dated December 25, 2001;

Pursuant to the Labor Code dated June 18, 2012;

Pursuant to the opinion of the Standing committee of the National Assembly in Document No. 716 / UBTVQH13-CVDXH dated August 13, 2014, providing guidance on implementation of a number of articles and clauses of the Labor Code;

At the request of the Minister of Labor, War Invalids and Social Affairs,

The government promulgates the Decree providing guidance on the implementation of a number of the contents of the Labor Code.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Decree defines the rights and responsibilities of employers, employees , representative organizations of labor collectives, agencies, organizations and individuals involved in the implementation of some provisions of the Labor Code on labor contracts, collective bargaining, collective bargaining agreements, salaries, labor discipline, material liabilities and labor dispute settlement.

Article 2. Subjects of application

The employees; the employer; other agencies, organizations and individuals directly related to labor relation as prescribed in Article 2 of the Labor Code.

Chapter II

LABOR CONTRACT

Section 1. CONCLUSION OF LABOR CONTRACT

Article 3. Labor contract’s subjects

1. The person concluding labor contracts on the employer side (hereinafter referred to as the employer’s authorized signatory) is either:

a) The legal representative specified in the regulations of the enterprise or cooperative;

b) The head of the agency, unit or organization as prescribed in law;

c) The family householder

d) The individual directly using the employee

If the persons specified at Points a, b and c, Clause 1 of this Article do not directly conclude contracts, they shall legally authorize in writing others to conclude the contracts using the form issued by the Ministry of Labor, War Invalids and Social Affairs.

2. The person concluding labor contracts on the employee side (hereinafter referred to as the employee’s authorized signatory) is one of the followings:

a) The employee from 18 years of age or older;

b) The underage employee from 15 to under 18 years of age obtaining the written consent from their legal representatives;

c) The legal representative of persons under 15 years of age obtaining the written consent from those persons.

d) The employee legally authorized to conclude labor contracts by other employees of the same group.