Inquiry into establishing a trade union organization within six months of operation

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...

To increase by 8% of pensions, monthly allowances for subjects for officers

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...
commission for insurance contracts

Set up a company providing HR Service in Vietnam

Investor: Can you tell me what the requirements are to set up a company that will provide HR Service in Vietnam? What criteria do we need to meet and is there a minimum investment level? Lawyer: Vietnam Law does not impose any minimum investment capital for setting up a HR Service...
Annual leave under Labour Code

Annual leave under Labour Code

Question: We are a FDI company and would like to know the regulation on Annual leave under Labour Code  of Vietnam. Now, under the regulation of our company, the firm applies an annual leave policy of 20 days for the employees who sign labor contracts with a term of 1 year or...
Setting up a foreign invested company

Setting Up HR Company in Vietnam

Client: I run a company that provides two service lines (one recruitment and one that is talent advisory / consulting). Would there be any restriction on setting up a rep office for the talent advisory part of our business? If it is possible to do so it would be great...

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...

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...
Salary in labor contract

Salary under Vietnam labor code

The salary of the employee includes the salary rate based on the work, allowance and other additions, if any[...]
Land Tax for Foreign Contractor in Vietnam

Labour law query

Client: I am contacting you from a London based  company with a labour law query. My query  relates to  the validity/ acceptance of an Independent  Contractor operating  for GSM in Vietnam. Would you be able to assist with this type of query ? If you are able to provide advice, please confirm...

Labor regulation and employee benefit under Vietnam Law

SBLAW would like to brief on labor regulation and employee benefit under Vietnam Law as follows: Labor Contract Labor Contract shall be entered with the Employee directly, unless the employee is from 15-18 years old. Labor contract for a period more than 3 months, must be executed in writing...