Q: I work for the company in Vietnam; it is a Vietnam state owned company. I am in the process of a divorce in London, and the opposing attorney is threatening that they may subpoena or send a demand for my pay and benefit information to my employer.
My employer is backing me in that we do not see any legal grounds to respond to this request for personal information, that there are no reciprocity agreements. I would like to have in my “back pocket” some legal advice from Vietnam citing any labor laws or rules that my company is not obligated to release this information.
A: It took us time to study your matters under Vietnam Law. Actually, obviously, your Company does not have obligation to disclose information of your salary and other benefit.
However, it is impossible to cite any specific term or regulation on this matter.
Your information can be classified to private information under Vietnam Civil Code. Unfortunately, Vietnam Law does not have any specific definition on private information. Beside, information on salary and benefit of an employee in a corporate can be classified to business secret. Then, your company does not have obligation to disclose information classified to business secret to any third party, except for request made by court or competent authority in Vietnam.
We do hope that the above information is helpful for you. If you need any further inquiry, please feel free to contact us.