Consultant for labor disputes

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,...

BENEFITS OF EMPLOYEE UPON TERMINATION OF THE LABOUR CONTRACT DUE TO DEATH

The Client is an foreign Embassy in Vietnam. On 16th August 2016, the Embassy and the Employee signed the undefined labour contract and the Employee started work for Embassy from 16th August 2016. The regimes and benefits that the Employee is entitled to under the labour contract including: a) The...
Vietnam Labor code

Q&A on Vietnam Labor code

SBLAW would like to provide the foreign invested company (FIC) in Vietnam some information on Vietnam Labor Code through Q&A form: Q: In which currency the salaries should be paid? A: Under Vietnam Law on foreign exchange, all transactions made within territory of Vietnam must be made by VND. Thus, currencies...

Vietnam-Unused Annual Leave

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...
holidays

Vacation, holiday & leaves

Annual Leave According to Article 111 any employee who has completed 12 months in full to work for an employer is entitled to leave twelve (12) working days fully paid[...]

Procedure for recruiting local citizen in Vietnam to work for foreign employer.

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...

Should the company still have to pay salary for lockdown period?

Question: We want to ask 2 case: 1 – The company has to cease the working due to lockdown because of Covid 2 – The employee can not come to work due to they have to be lockdown Should the company still have to pay salary for lockdown period? Answer: We would like...

We need work visa, business visa in Vietnam

Question: We need work visa,Business visa in Vietnam, please advise. Answer: I was entrusted to provide you legal advice regarding to obtainment of work permit for foreign employee. Under Vietnam Law, foreigners who enter into Vietnam for working shall be required to obtain work permit. In order to obtain work permit, such...
termination-labour-contracts-of-redundant-employees-due-to-organizational-restructure

Terminating labor contracts with redundant employees

We understand that your organisation, (hereinafter referred to as “Client”) is now seeking legal advices for conducting necessary procedures for terminating labor contracts with redundant employees due to organizational restructure of your subsidiary in Vietnam. We therefore are grateful to present you our Legal Services Proposal for your review and...
The Receivable Benefit of employee when he/she resigns under Vietnam Labor Code

The Receivable Benefit of employee when he/she resigns under Vietnam Labor  Code

SBLAW would like to provide some legal information on receivable benefits of employee when he/she resigns under the Labor Law of Vietnam as below: 1.SPECIFIC RECEIVABLE BENEFIT OF EMPLOYEE WHEN HE/SHE RESIGNS. 1.1.Benefits that employee shall be entitled when he or she resigns from the office We understand that one your...