🇻🇳 越南 × 特殊保護

特殊保護 — Vietnam

🟡Status: First draft from web research + Claude validation (2026-04-10).
Knowledge cutoff: May 2025. Article numbers verified against the official English translation published by MOLISA.
💰 Local currency: VND

1. 主要法源 (Primary Sources)

• Labor Code 2019 (Bộ luật Lao động 2019) — Law No. 45/2019/QH14 🟢
  • Effective: 2021-01-01
  • Chapter X: Specific regulations on female employees and gender equality (Articles 135–142)
  • Chapter XI: Specific regulations on minor employees (Articles 143–147)
  • Chapter XII: Specific regulations on domestic workers (Articles 161–164, separate topic)
• Law on Gender Equality 2006 (Luật Bình đẳng giới) — Law No. 73/2006/QH11 🟢
  • General anti-discrimination framework; covers employment discrimination by gender
• Decree 145/2020/ND-CP 🟡
  • Implementing guidance for Chapters X and XI of the Labor Code 2019
  • Specifies prohibited occupations for female employees and minors
  • Lists hazardous work environments where female and minor employees are restricted
• Circular 09/2020/TT-BLDTBXH 🟡
  • Details the list of occupations and working conditions prohibited or restricted for minors and pregnant/nursing employees
• Main authority: Ministry of Labour, Invalids and Social Affairs (MOLISA / Bộ Lao động - Thương binh và Xã hội)

2. 核心規定 (Core Provisions)

2.1 Maternity & Nursing Leave (Nghỉ thai sản & cho con bú) 🟢

• 法條: Labor Code 2019, Articles 137–139
• 內容:
  • Maternity leave duration: 6 months (180 days) of prenatal and postnatal leave combined (Article 139)
    • Prenatal leave: maximum 2 months before the expected due date
    • If the employee gives birth to twins or more, each additional child adds 1 month of leave
    • In case of stillbirth or abortion:
      • Pregnancy < 5 months: 20 days leave
      • Pregnancy 5–7 months: 40 days leave
      • Pregnancy ≥ 7 months: 50 days leave
  • Maternity allowance: Paid through Social Insurance (BHXH) at 100% of the average salary of the last 6 months before leave, not by the employer directly (Article 39 of the Law on Social Insurance 2014)
    • Lump-sum birth allowance: 2x the base salary (mức lương cơ sở) per child
  • Male employee paternity leave (Article 139 §7):
    • 5 working days for normal birth
    • 7 working days for caesarean section
    • 10 working days for twins; additional 3 days for each additional child
    • 14 working days for twins born by caesarean section
  • Nursing break (Article 137):
    • Female employees with children under 12 months are entitled to 60 minutes per day during working hours for breastfeeding/nursing
    • This break is counted as paid working time
    • The employee may negotiate with the employer on the timing (one block or split)
  • Early return from maternity leave (Article 139 §4):
    • The employee may return to work after taking at least 4 months of maternity leave, with a doctor's certificate confirming that early return does not harm her health
    • The employee receives both salary from the employer and continued social insurance maternity allowance for the remaining leave period
  • Workplace facilities: Employers must provide adequate rest rooms for female employees during menstruation and pregnancy 🟡
• 罰則: Employers who violate maternity leave entitlements face administrative fines of VND 10,000,000–20,000,000 (per Decree 12/2022/ND-CP on penalties for labor law violations) 🟡
• 置信度: 🟢Article numbers and durations verified against MOLISA text

2.2 Pregnancy Dismissal Protection (Bảo vệ lao động mang thai) 🟢

• 法條: Labor Code 2019, Articles 37, 137, 140
• 內容:
  • Absolute prohibition on termination (Article 37 §4):
    • Employers may not dismiss or unilaterally terminate the employment contract of a female employee who is pregnant, on maternity leave, or raising a child under 12 months of age
    • This protection applies regardless of the reason for termination (including disciplinary offenses)
    • Exception: the enterprise ceases operations entirely (liquidation)
  • Suspension of disciplinary action (Article 122 §4):
    • If a female employee who is subject to disciplinary proceedings becomes pregnant, is on maternity leave, or is raising a child under 12 months — the disciplinary proceedings must be suspended until the protection period ends
    • The statute of limitations for disciplinary action is extended accordingly
  • Right to reduced workload (Article 137 §2):
    • From the 7th month of pregnancy onwards, the employee is entitled to a reduction of 1 hour of work per day, or transfer to lighter work, without reduction in salary
    • This applies to employees performing heavy or hazardous work
  • Post-maternity employment guarantee (Article 140):
    • Upon returning from maternity leave, the employee is guaranteed her previous position
    • If the previous position no longer exists, the employer must arrange an equivalent position with a salary not lower than the pre-leave salary
  • Contract extension during pregnancy (Article 137 §3):
    • If a fixed-term employment contract expires during pregnancy, maternity leave, or while the employee is raising a child under 12 months, the contract is automatically extended until the child reaches 12 months of age
• 罰則:
  • Unlawful termination of a pregnant employee: administrative fine of VND 20,000,000–40,000,000 🟡
  • The employee may also claim reinstatement plus back-pay through the dispute resolution process
• 置信度: 🟢Protection provisions are clear and widely known in Vietnamese labor law practice

2.3 Minimum Working Age (Tuổi lao động tối thiểu) 🟢

• 法條: Labor Code 2019, Articles 143, 145
• 內容:
  • General minimum working age: 15 years (Article 143 §1)
    • Persons under 15 are considered "children" (trẻ em) and are subject to stricter restrictions
  • Age categories defined in the Labor Code:
    • Under 13: Employment generally prohibited except for specific artistic/sports/cultural activities with strict conditions
    • 13–14: May perform "light work" as defined in a government-approved list (Decree 145/2020/ND-CP)
    • 15–17: May work but are classified as "minor employees" (lao động chưa thành niên) with specific protections
  • Employment contract requirements for minors:
    • Employment contracts for employees under 15 must be signed by the legal representative (parent/guardian) with the consent of the minor (Article 145 §1)
    • Employees aged 15–17 may sign their own contracts with written consent from their legal representative
  • Employer obligations:
    • Must maintain a separate register of minor employees with full name, date of birth, work assigned, and results of periodic health checks (Article 145 §3)
    • Must arrange periodic health examinations for minor employees at least once every 6 months
• 罰則: Employing children under the minimum age or in prohibited occupations: administrative fine of VND 30,000,000–75,000,000; criminal liability may apply under the Penal Code for severe cases 🟡
• 置信度: 🟢Age thresholds verified against official text

2.4 Minor Work Restrictions (Hạn chế sử dụng lao động chưa thành niên) 🟢

• 法條: Labor Code 2019, Articles 144, 147
• 內容:
  • Working hours (Article 144):
    • Employees under 15: maximum 4 hours/day and 20 hours/week
    • Employees aged 15–17: maximum 8 hours/day and 40 hours/week
    • Overtime is strictly prohibited for all minor employees
    • Night work (22:00–06:00) is prohibited for all minor employees, except in specific sectors approved by MOLISA
  • Prohibited occupations (Article 147):
    • Heavy or hazardous work as listed in Circular 09/2020/TT-BLDTBXH
    • Work involving toxic chemicals, radiation, or extreme temperatures
    • Underwater work, mining, or work at dangerous heights
    • Work involving contact with gambling, alcohol, cigarettes, or substances harmful to the development of minors
    • Work in environments exceeding occupational safety thresholds for noise, dust, or vibration
  • Prohibited working environments:
    • Bars, nightclubs, karaoke venues, discotheques, casinos
    • Production, transportation, or sale of alcohol, cigarettes, or psychotropic substances
  • Carrying weight limits (Decree 145/2020/ND-CP):
    • Specific weight limits based on age and gender for manual carrying tasks
    • Example: males 15–16 may carry maximum 15 kg; females 15–16 may carry maximum 12 kg 🟡
• 罰則: Violation of minor employee working hour or occupation restrictions: administrative fine VND 20,000,000–40,000,000 per violation 🟡
• 置信度: 🟢Prohibitions verified; specific weight limits from Decree 145/2020/ND-CP need cross-check for exact figures

2.5 Gender Discrimination & Harassment (Phân biệt đối xử giới tính & quấy rối) 🟡

• 法條: Labor Code 2019, Articles 3, 5, 8, 35, 125, 135; Law on Gender Equality 2006
• 內容:
  • Anti-discrimination principle (Article 3 §8, Article 5):
    • The Labor Code prohibits discrimination in employment on the basis of gender, among other grounds (race, ethnicity, religion, social status, marital status, pregnancy, disability, etc.)
    • Employers must ensure equal treatment in recruitment, job assignment, salary, promotion, and training
  • Equal pay (Article 135 §1):
    • Employers must implement the principle of gender equality in recruitment, employment, wage policy, and salary promotion
    • The employer must adopt measures to achieve gender equality and prevent sexual harassment in the workplace
  • Sexual harassment (Article 3 §9 definition; Articles 8, 35, 125):
    • Definition (Article 3 §9): Sexual harassment in the workplace means any act of a sexual nature by any person directed at another person in the workplace that is unwanted or unaccepted by that person
    • Includes physical, verbal, and non-verbal conduct of a sexual nature
    • Employer obligations:
      • Establish and implement regulations on prevention of sexual harassment in the workplace (Article 135 §2)
      • Include provisions on sexual harassment prevention in the internal labor regulations (nội quy lao động)
      • Establish complaints mechanisms and handling procedures
    • Employee rights:
      • An employee who is sexually harassed may unilaterally terminate the employment contract without notice (Article 35 §2(d))
      • This means the employee can resign immediately and still receive severance pay
    • Disciplinary action:
      • Sexual harassment in the workplace is a ground for dismissal (Article 125 §2) — the most severe form of labor discipline
  • Workplace harassment regulations (Decree 145/2020/ND-CP, Article 84):
    • The internal labor regulations must include specific provisions on:
      • Definition of sexual harassment behaviors relevant to the workplace
      • Procedures for handling sexual harassment complaints
      • Disciplinary measures and sanctions for perpetrators
      • Compensation for victims
  • Law on Gender Equality 2006: Provides the general framework; prohibits gender-based discrimination in all areas including employment; establishes the National Committee for Gender Equality 🟡
• 罰則:
  • Employers who fail to include anti-harassment provisions in internal labor regulations: administrative fine VND 5,000,000–10,000,000 🟡
  • Individual perpetrators of sexual harassment: potential criminal liability under the Penal Code (depending on severity)
  • Employers who discriminate by gender in recruitment or employment: fine VND 10,000,000–20,000,000
• 置信度: 🟡Legal framework is clear; practical enforcement mechanisms and complaint handling procedures vary significantly by employer and locality

3. 立法理由與實務見解 (Rationale & Practice)

• 立法背景: 🟢

  • The Labor Code 2019 significantly strengthened protections for female employees and minors compared to the 2012 Code
  • Key improvements in 2019:
    • Extended paternity leave (previously not codified)
    • Broadened the definition of sexual harassment
    • Required employers to have workplace anti-harassment policies
    • Introduced automatic contract extension during pregnancy
  • Vietnam ratified ILO Convention 100 (Equal Remuneration) and Convention 111 (Discrimination in Employment) — these inform the Code's anti-discrimination provisions
  • The CPTPP and EVFTA trade agreements also contain labor commitments regarding gender equality and prohibition of child labor

• 重要判決/函釋: 🟠

  • Vietnamese courts do not publish binding precedents; however:
    • MOLISA has issued guidance letters (công văn) clarifying that the pregnancy protection period (under 12 months) is counted from the date of birth, not from the date the employee returns to work
    • The Supreme People's Court has indicated that unlawful termination of pregnant employees is treated as a severe violation warranting reinstatement plus back-pay

• 實務灰色地帶: 🟠

  • "Voluntary resignation" during pregnancy: Some employers pressure pregnant employees to resign voluntarily rather than terminating them directly — this practice is technically lawful if genuinely voluntary, but courts scrutinize such resignations closely
  • Sexual harassment enforcement: While the legal framework is relatively robust, enforcement is weak in practice. Many employers (especially SMEs) lack proper anti-harassment policies, and complaint mechanisms are often informal
  • Minor employment in family businesses: The minor employment restrictions are difficult to enforce in household businesses and agriculture, where children commonly assist family members
  • Nursing break practicality: The 60-minute nursing break is legally guaranteed but may be difficult to exercise in factory settings where production lines require continuous presence

• 近年修法趨勢: 🟡

  • The 2019 Code is the most recent major reform
  • MOLISA has issued implementing circulars (Circular 09/2020/TT-BLDTBXH) updating the lists of prohibited occupations for minors and pregnant workers
  • Growing attention to workplace harassment prevention driven by international trade commitments (CPTPP, EVFTA)
  • Discussion of extending maternity leave or introducing flexible maternity leave options — no legislative action as of early 2026

4. 雇主合規重點 (Employer Compliance Hotspots)

• 🟢Never terminate a pregnant employee or employee with child under 12 months: The prohibition is absolute (except enterprise liquidation); violations result in mandatory reinstatement plus back-pay and substantial fines
• 🟢Automatically extend fixed-term contracts: If a fixed-term contract expires during pregnancy or while the employee has a child under 12 months, the contract extends automatically — do not let the contract expire and claim it "naturally ended"
• 🟢Provide 60-minute nursing break: For employees with children under 12 months; must be paid working time; failure to provide is a violation
• 🟢Maintain a minor employee register: If employing anyone under 18, keep a separate register with personal details, work assignments, and health check records
• 🟡Establish written anti-harassment policies: Include in the internal labor regulations (nội quy lao động); define prohibited behaviors, complaint procedures, and disciplinary consequences
• 🟡Reduce workload from 7th month of pregnancy: For employees in heavy/hazardous work; reduce 1 hour/day or transfer to lighter duties without pay reduction
• 🟡Comply with minor working hour limits: Under 15: max 4h/day, 20h/week; ages 15–17: max 8h/day, 40h/week; no overtime, no night work
• 🟠Verify age documentation: Request birth certificates or identity cards to confirm the age of young employees; maintain copies in personnel files

5. 與其他轄區的關聯 (Cross-References)

• 與 mexico：🔶 差異 — Vietnam provides 6 months maternity leave (among the most generous in the region); Mexico provides 12 weeks (84 days). Both set minimum working age at 15.
• 與 brazil：🔷 相似 — Both have strong pregnancy dismissal protections. Brazil's estabilidade gestante runs until 5 months post-birth; Vietnam's protection runs until the child reaches 12 months. Brazil's base maternity leave (120 days) is shorter than Vietnam's 6 months.
• 與 china：🔷 相似 — Both provide maternity leave through social insurance (not employer-paid); both have nursing break provisions (China: 1 hour/day until child reaches 1 year). China's minimum working age is 16, one year higher than Vietnam's 15.
• 與 taiwan：🔶 差異 — Taiwan provides 8 weeks maternity leave, significantly shorter than Vietnam's 6 months. Taiwan's Gender Equality in Employment Act provides more detailed anti-harassment procedures.

6. 風險警示 (Risk Flags)

• 🔴高風險 — Pregnancy termination prohibition: This is the single most litigated special protection issue in Vietnam. Courts consistently rule against employers, ordering reinstatement plus back-pay (potentially covering the entire period from termination to reinstatement). Even "voluntary resignation" documents signed during pregnancy are scrutinized for coercion.
• 🔴高風險 — Automatic contract extension: Employers who allow a fixed-term contract to expire during a protected period (pregnancy through child age 12 months) face the same consequences as unlawful termination. The extension is automatic by law — no additional agreement is needed.
• 🟡中等風險 — Minor employment compliance: Foreign-invested enterprises in manufacturing zones should audit supply chains for minor employment violations, as international buyers increasingly require compliance with ILO child labor standards.
• 🟡中等風險 — Anti-harassment policy requirement: Since 2021, all employers must include sexual harassment prevention provisions in their internal labor regulations. Failure to do so is a separate administrative violation even if no harassment has occurred.
• 🟡中等風險 — Nursing break in production environments: Manufacturing employers must accommodate the 60-minute nursing break without requiring the employee to make up the time or accepting a pay reduction. Production scheduling should account for this.

7. 資料來源清單 (References)

1. 🟢Labor Code 2019 — Official English text (MOLISA): https://boluatlaodong2019.molisa.gov.vn/lang_en/topic/viet_nam_labour_code/index (accessed 2026-04-10)
2. 🟢PLF Law Firm — "11 noteworthy provisions for female employees under Vietnam Labour Code": https://plf.vn/11-noteworthy-provisions-for-female-employees-under-vietnam-labour-code/ (accessed 2026-04-10)
3. 🟢Vietnam Law Magazine — "Regimes for female employees and assurance of gender equality under the Labor Code": https://vietnamlawmagazine.vn/regimes-for-female-employees-and-assurance-of-gender-equality-under-the-labor-code-48472.html (accessed 2026-04-10)
4. 🟡BLawyers Vietnam — "3 NO and 4 YES with respect to pregnant female employees": https://www.blawyersvn.com/3-no-and-4-yes-with-respect-to-pregnant-female-employees-that-enterprises-should-know/ (accessed 2026-04-10)
5. 🟡LawNet — "Regulations on employment of minor employees in Vietnam": https://lawnet.vn/thong-tin-phap-luat/en/lao-dong-tien-luong/regulations-on-the-employment-of-minor-employees-in-vietnam-under-the-labor-code-110846.html (accessed 2026-04-10)
6. 🟡Vietnam Briefing — "Vietnam Labor Laws" guide: https://www.vietnam-briefing.com/doing-business-guide/vietnam/human-resources-and-payroll/labor-law (accessed 2026-04-10)
7. 🟡Acclime Vietnam — "Vietnam HR & Payroll Guide 2025": https://vietnam.acclime.com/guides/hr-payroll/ (accessed 2026-04-10)

8. 待確認事項 (Open Questions)

• 🟡Exact list of "light work" permitted for children aged 13–14 under Decree 145/2020/ND-CP — need to verify the full list
• 🟡Specific weight-carrying limits for minor employees by age and gender — figures from Decree 145/2020/ND-CP need cross-check
• 🟠Whether any proposed amendments to extend maternity leave duration or introduce flexible maternity leave options are under consideration
• 🟠Enforcement statistics for sexual harassment complaints filed through employer complaint mechanisms — MOLISA data may not be publicly available
• 🟡Whether the nursing break entitlement applies to male employees who are primary caregivers — the Code's text appears to limit it to "female employees" (lao động nữ)