Labor code

The salary of the employee includes the salary rate based on the work, allowance and other additions, if any[...]

Q: We are a foreign invested company in Vietnam and our company has one employee (58 years old) and another one (nearly 50 years old), does our company have to participate compulsory insurance for these employees? A: Regarding to your question, we would like to advise as follows: 1.For the people...

Question: Dear lawyers, currently, my company has employees who are foreign workers. However, I still haven't fully understood the social insurance and health insurance benefits that foreign workers are entitled to. Specifically: sickness, retirement, social insurance for the elderly and occupational accidents, what are the benefits and compensations? Hope you...

Question: I have been working in Vietnam from 2005. My previous job was in Hai Phong, I have no issues with my employment there, legally. Recently, I decided to move to Hanoi, new company but unfortunately, not a good decision though. I started there on 19th April 2018, as a Technical Manager,...

We understand that you requires us to advise on whether the Employer's responsibility on paying social insurance for employee. According to the Article No. 2 of Vietnam Law on Social Insurance, it is stipulated that: - Employee working under the seasonal labor contract or labor contract for specificic works having terms...

The Labor Code 2012, which is the prescribed law in the territory of Vietnam, specifies the rights, obligations and responsibilities of the employers and the employees. This Code is applicable to the following[...]

On July 15, 2016, the Labor, War Invalids and Social Affairs issued the Circular No. 23/2016/TT-BLDTBXH guiding the adjustment of pensions, social insurance allowances and monthly   allowances   according   to    the    Decree   No. 55/2016/ND-CP dated June 15, 2016 of the Government. In accordance with the regulations in this Circular, to increase...

Question: We are foreign company and  just want to know if we want to employ a local people, do we need to find  recruiting agency or can we just post recruiting message on local newspaper? I have found Decree 75/2014/ND-CP (article 6?) somewhere states the procedure for recruiting local citizen...

Question: I read your article regarding trade union. My understanding based on your article is that in accordance with "Decree  No. 98/2014/ND-CP dated October 24, 2014" which takes effect from the 10th of December 2014: 1. Enterprises need to establish a trade union within 6 months from its operation. 2. If an enterprise...

Question: If an employee has 14 days annual leave this year, but he terminated in this May with 9 days unused annual leave. Does employer pay for the unused annual leave and how to calculate it? Is the formula correct?   Monthly salary/26*unused days.   Answer:   In case the Employee legally terminate the employment contract, he/she...