Decree No. 44/2013/ND-CP dated May 10, 2013 of the Government detailing a number of articles of the Labor Code regarding labor contracts

THE GOVERNMENT

Decree No. 44/2013/ND-CP of May 10, 2013, detailing 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 Enterprise Law;

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

The Government promulgates the Decree detailing a number of articles of the Labor Code regarding labor contracts.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details the Labor Code regarding participation in compulsory social insurance, unemployment insurance and compulsory health insurance in case an employee enters into labor contracts with more than one employer; contents of labor contracts signed with employees hired to work as directors in enterprises with state capital; and the order and procedures for labor inspectorates to declare labor contracts to be invalid and the handling of invalid labor contracts.

Article 2. Subjects of application

1. Employees defined in Clause 1, Article 3 of the Labor Code.

2. Employers defined in Clause 2, Article 3 of the Labor Code.

3. Agencies, organizations and individuals related to the contents prescribed in Article 1 of this Decree.

Article 3. Interpretation of terms

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

1. Enterprises with the state -contributed capital are enterprises operating under the Enterprise Law in which the State holds less than 100% of charter capital.

2. Employees hired to work as directors in enterprises with state capital are Vietnamese or foreigners who satisfy all law-prescribed criteria and conditions (below referred to as person hired to work as director).

3. Inspection team heads are heads of inspection teams performing labor inspection tasks, including heads of inspection teams of provincial-level Labor War Invalids and Social Affairs Departments; heads of inspection teams of the Ministry of Labor, War Invalids and Social Affairs; and heads of specialized inspection teams of departments or general departments under the Ministry of Labor, War Invalids and Socials Affairs.